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Competitions or appeals seeking submissions of creative works from the public, works such as photos, videos, poems, music, etc., are reviewed by the Artists' Bill of Rights campaign. The reviews are to help you decide whether or not you should participate in the competition or appeal. When you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work. These rights are called intellectual property rights. Note: Rights for works created in the course of employment are usually owned by the employer (i.e. works for hire).
Rights have a value and you are free to decide what that value is. If a person or organisation wants to use your work to promote something, you have the right to refuse permission or to set a fee for a specific use. More information about intellectual property rights and their value to you can be read in our Guide to Rights & Licensing.
Listed below in order of closing date are the competitions or appeals promoted by this organisation that we have reviewed. For each we detail how their terms and conditions will exploit your rights. To read our review(s) just click on any competition/appeal title below.
6 (c) In consideration for the Promoter awarding the prize to the winner, the winner hereby assigns to the Promoter all right, title and interest in and to all copyright in any material created pursuant to the winner’s participation in any aspect of the prize. The winner acknowledges that the Promoter is free to use the photographs and to exercise its rights in relation thereto and the winner will not be entitled to any fee for such use
8 (a) All entries become the property of the Promoter…By entering the promotion, unless otherwise advised, each entrant also agrees that the Promoter may use this (entrant's personal) information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the entrant, including sending the entrant electronic messages.
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The following notes explain how the above terms and conditions affect your rights in respect of any works you submit to the above competition or appeal.
The terms and conditions are claiming your copyright. You will no longer be the owner of your work, legal ownership will be transferred to the organisation. You will not be permitted to use or reproduce your work again without permission from the new owner.Because this competition requires you to enter your work via Instagram, the required transfer of ownership - item 8 (a) above - means that you must remove that work from Instagram, and anywhere it exists, and forever disassociate yourself from it.
The terms and conditions require you to waive your moral rights. This means you will not be able to object to how your work is used in future, such as it being altered in a manner you may find derogatory, or if it is used to promote a product or cause you find objectionable. You have also lost your right to be credited as the author of your work.
The terms and conditions do not state you will always be credited when your work is reproduced. One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced.
The terms and conditions grant the organiser the right to use your work beyond that needed to promote the competition or appeal. Your work will be used for other purposes. Usage of your work should be restricted solely to promoting the competition or appeal. If the organisation wishes to use your work for any other purpose they should negotiate with you independently of the competition. You should have the right to negotiate an appropriate fee for the specific use they want to make of your work and to set a time limit on such use. You should also have the right to refuse use of your work. For further information on fees and licensing refer to the Introduction to Rights and Licensing
For further guidance please read the Bill of Rights for Artists.
We have written to this organisation and urged them to adjust the competition rules as set out in the ABoR Principles document.
If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 2015-10-13 20:25:55
Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -
We have written an Organisers Guide to the Bill of Rights to help organisers draft terms and conditions that respect the rights of entrants and at the same time provide legal protection for the organiser.
© Bill of Rights Supporters Group
The above text may be reproduced providing a link is given to the Bill of Rights For Artists.
Any text reproduced in italics in this report has been extracted from a competition or appeal website for the purposes of review.
Organisations who would like to be promoted as a Bill of Rights Supporter and have their competitions promoted on the Rights On List can use this contact form. We look forward to hearing from you.
Pro-Imaging is a worldwide support group for professional photographers
who are pro-active in defending photographers rights.