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Competitions or appeals seeking submissions of creative works from the public (photos, videos, poems, music, etc.) are reviewed by the Artists' Bill of Rights campaign when reported to us. Our reviews should assist you in deciding whether entering is worth your while, based on our principles.
When you create a work, the law automatically assigns 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.
19. It will be a condition of entry that both scholarship applicants and the scholarship recipient will grant a non-exclusive copyright license to WorldNomads.com, WWF, Intrepid Travel, Great Himalaya Trails, Kathmandu, The Australian Himalayan Foundation to reproduce the work for subsequent promotion. The scholarship winner will also grant full rights to 30 photos, as briefed prior to the assignment in Nepal by the associated scholarship partners.
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 vague and unclear about how your work will be used. Will it be only to promote the competition? For how long? Never submit works to a competition or appeal without knowing how the terms and conditions will affect your rights. With this contest, the terms apply to BOTH applicants and recipients.
"…scholarship winner will also grant full rights to 30 photos…"
Some of the terms and conditions may be claiming either your copyright or exclusive use of your work. The meaning of the phrase, "grant full rights", is not clear. If 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. If exclusive use, the organizer and partners will be the only ones able to use the 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 could be granting the organiser unlimited use of your work forever. 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. It is permissable to use winning works forever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal. Other uses should be negotiable.
The terms and conditions may be granting the organiser the right to use your work beyond that needed to promote the competition or appeal. If you are the scholarship winner, you should know what rights you are granting before you get to Nepal and decide if the remuneration is suitable for what you are granting. If any organisation wishes to use your work for purposes beyond promoting the competition, you should have the opportunity to negotiate an appropriate fee for a specific time period for the each intended use. 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.
WorldNomads.com, WWF, Intrepid Travel, Great Himalaya Trails, Kathmandu, The Australian Himalayan Foundation
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 2015-11-10 17:00:19
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.