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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 Bill of Rights campaign. The reviews are to help you decide whether you should participate in the competition or appeal. The only thing you need to understand is that when you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work (but see note 1 below). These rights are called intellectual property rights.
Rights have a value and you are free to decide what that value is. If a person or organisation would like to use your work to promote something, you have the right to refuse permission, or to set a fee for a specific use and decide how long they may use it. More information about intellectual property rights and their value to you as an individual can be read in our Guide to Rights & Licensing. Listed on the next tab are some competitions or appeals promoted by the above organisation. For each we detail how the organisation's terms and conditions will exploit your rights to their advantage for works you submit to their competition or appeal.
The main aims of the Bill of Rights Campaign are to help everyone understand that their intellectual property rights have a value and to encourage competition and appeal organisers to adopt the standards set out in the Bill of Rights for Artists.
Note 1. Rights for works created as an employee are usually owned by your employer.
Listed below in order of closing date are any competitions or appeals promoted by this organisation that have been reviewed by the Bill of Rights for Artists campaign. To see the review details of each competition or appeal listed below just click on its title and a window will open to reveal its details.
The following details are shown for each competition or appeal;
the rules as they affect the intellectual property rights of those who submit creative content;
comment comparing the rules with the provisions set out in the Bill of Rights for Artists;
a list of any other organisations which are sponsors of the competition or appeal;
who to contact and how to complain to the organisation concerned.
Closing Date 14th June 2009
TERMS AND CONDITIONS
Sponsor shall have the right to edit, adapt, and publish any or all of the Photographs, and may use them in any media and for any purpose with attribution to the name supplied at time of entry to The Contest and without compensation to the participant, his or her successors or assigns, or any other entity. ENTERING A SUBMISSION IN THIS CONTEST CONSTITUTES PARTICIPANTíS IRREVOCABLE ASSIGNMENT, CONVEYANCE, AND TRANSFERENCE TO SPONSOR OF THE FOREGOING RIGHTS.
License: Participant retains ownership of the copyright in any submitted Photographs. However, by entering Photograph(s) in this Contest, participant grants Sponsor the irrevocable, perpetual right to edit, adapt, and publish any or all of the Photographs in marketing or advertising related to The Contest without compensation to the participant, his or her successors or assigns, or any other entity. Photograph(s) will be given attribution credit based on the name supplied with submission. The winner shall work with Sponsor to change the file in any way deemed necessary for publication of the Photograph(s). The participant shall supply, upon request, original, unmodified digital files.
Acceptance of prize shall constitute and signify the winnerís agreement and consent that Sponsor may use the winnerís name, address (city, state), likeness, Photograph, and/or prize information for contextual purposes worldwide, including the internet, without limitation and without further payment or consideration, except where prohibited by law. Winner agrees to modify artwork in any way dictated by Sponsor.
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 3 years or less should be set with usage limited solely to promoting the competition or appeal. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.
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 the organisation 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.
The above explanations may help you to decide not to submit any works to this competition or appeal. For further information please read the Bill of Rights for Artists.
#SmugMug, Inc. #Adobe Systems Incorporated #Lowepro
To complain to the organiser use this contact form
You can help the Bill of Rights campaign by complaining to the organiser urging them to change their terms and conditions. If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser. Alternatively, or as well as, you can submit the free image we have prepared to register your complaint simply by entering the free image to the contest.
Where a contest automatically displays entrants images on the contest website as they arrive the free image can also be used to test the competition and determine if it is stripping metadata. The test results can be submitted to a survey by the Controlled Vocabulary Group.
The Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 2nd July 2009
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 above in italics has been extracted from a competition 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.