Artists Bill of Rights In Support of Creative Rights
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Rights Off List

Lightworx Ltd t/a Take a view, UK

  • About This Organisation
  • About Their Competitions/Appeals
  • Failing the Bill of Rights

About This Organisation

 

 Lightworx Ltd t/a Take a view

About this Organisation

'Take a view' is an annual landscape photography competition owned by Lightworx Ltd located in the UK.  The competition was founded by Charlie Waite, a well known English landscape photographer.  

About this Report

traffic-light-stopCompetitions 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.

About Their Competitions/Appeals

 

How this Organisation's Competitions or Appeals are Listed

How this Organisation's Competitions or Appeals are Listed

How to Use this Tab

Listed below in order of closing date are the competitions or appeals promoted by this organisation that have been reviewed by the Bill of Rights for Artists campaign. To see the review of each competition or appeal just click on its title and a window will open to reveal its details.

The following information is provided for each competition or appeal;

  • the terms and conditions that impact on your intellectual property rights for any works you submit;

  • an explanation of how the terms and conditions will affect you and the rights you have in any work you submit to it;

  • a list of any other organisations sponsoring the competition or appeal;

  • who you should contact and how to complain to the organisation concerned.

Landscape Photographer of the Year 2009; closing date 15 Jul 2009

Landscape Photographer of the Year 2009; closing date 15 Jul 2009

 

Landscape Photographer of the Year 2009

TERMS AND CONDITIONS

15) Copyright and permissions.

By submitting images to Take a view, each entrant confirms and warrants that:

a) they are the sole author of each entry and that it is their original work;
b) they own the copyright and any other intellectual property rights of each image;
c) they have the permission of those pictured in the image (or, where the image shows any persons under 18, the consent of their parent/guardian) for the usage rights required by Take a view in #16 and will indemnify Take a view against any claims made by any third parties in respect of such infringement;
d) they have not licensed or disposed of any rights in the image that would conflict with uses to be made by Take a view (see #16 ); and
e) they have received any necessary permissions from the owner(s) of buildings included in submitted images for the usage rights required by Take a view in #16 and will indemnify Take a view against any claims made by any third parties in respect of such infringement.

16) By entering the competition, you grant Take a view and its sponsors and supporters a non-exclusive, irrevocable licence to reproduce, enlarge, publish or exhibit, on any media, the images for any purpose connected with the competition. This may include, but is not limited to:

a) inclusion in the Take a view book;
b) display at any exhibitions;
c) on a secure web browser for judging purposes;
d) on the Take a view website and on the websites of sponsors and supporters;
e) for use in press releases to be distributed to national, regional & specialist press giving information about or promoting the competition; and
f) on any merchandise commissioned by the organisers.

If an image is short-listed, the photographer will be asked to supply an extended caption for that image. This caption will be subject to the terms # 15a and #16.

Entrants also agree that the organisers can sub-license images to the media for reproduction in connection with the competition.

For any use that falls outside this remit, royalties will be discussed & negotiated with the photographer concerned.

Copyright of each image is retained by its respective photographer.

Finalists agree to take part in post-competition publicity.

For the purposes of this clause, ‘Take a view’ and the ‘Landscape Photographer of the Year’ shall be seen as interchangeable terms. For clarity, submitted images may be used to promote the ‘Landscape Photographer of the Year’, in addition to ‘Take a view’.

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.        

  1. 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.

  2. The terms and conditions are granting the organiser 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, and no other purpose. It is permissable to use winning works for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

  3. It is not absolutely clear that the terms and conditions limit usage of your work to that needed solely to promote the competition or appeal, and no other purpose. The terms and conditions state works will be used "for any purpose connected with the competition" but don't include a phrase such as "and no other purpose" which would have made the intent absolutely clear.  Likewise it is not absolutely clear what is meant by usage on "any merchandise commissioned by the organisers", is this restricted to promoting the competition and no other purpose?  There are a large number of sponsors for this competition who would keen to have usage of the submitted landscape images; the terms and conditions are unclear about precisely what usage rights they will acquire from this competition, or for how long.

The above may help you to decide not to submit any works to this competition or appeal. For further guidance please read the Bill of Rights for Artists.

SPONSORS

#Natural England  #National Parks  #Areas of Outstanding National Beauty  #National Nature Reserves  #National Trails  #Yorkshire Dales National Park Authority  #North York Moors National Park  #Dartmoor National Park  #Exmoor National Park  #Peak Districk National Park Authority  #Northumberland National Park Authority #Lake Districk National Park  #New Forest National Park  #Broads Authority  #English National Park Authorities Association  #National Theatre  #The Sunday Times Magazine  #Epson  #AA  #Light & Land  #Amateur Photographer  #Bayeux #Campaign to Protect Rural England  #Páramo  #Outdoor Photography  #Fujifilm  #Calumet

CONTACT

To complain to the organiser use this email address

To visit the competition website click the competition title above to submit the free image we have created. Note that the competition link may cease to work at some point after the competition results are announced.

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 you can use the free image 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 4th July 2009

Landscape Photographer of the Year 2008; closing date12 July 2008

Landscape Photographer of the Year 2008; closing date12 July 2008

 

Landscape Photographer of the Year 2008

TERMS AND CONDITIONS

"16) By entering the competition, you grant Take a view and its sponsors and supporters a non-exclusive, irrevocable licence to reproduce, enlarge, publish or exhibit, on any media, the images for any purpose connected with the competition. This may include, but is not limited to:

a) inclusion in the Take a view book;
b) display at any exhibitions;
c) on a secure web browser for judging purposes;
d) on the Take a view website and on the websites of sponsors and supporters;
e) for use in press releases to be distributed to national, regional & specialist press giving information about or promoting the competition; and
f) on any merchandise commissioned by the organisers.

Entrants also agree that the organisers can sub-license images to the media for reproduction in connection with the competition.

In addition, the UK’s national and regional tourist organisations (including, but not limited to: Enjoy England, Visit Wales, VisitScotland, VisitBritain, Britain on view, Jersey Tourism, VisitGuernsey, Northern Ireland Tourist Board) may also reproduce, enlarge, publish or exhibit, on any media, the images for promotional purposes, with sufficient accreditation, from the date of 2008 results notice until 31st December 2009. All photography to be credited ‘Take a view/Photographer name’.

For any use that falls outside this remit, royalties will be discussed & negotiated with the photographer concerned.

Copyright of each image is retained by its respective photographer.

Finalists agree to take part in post-competition publicity.

For the purposes of this clause, ‘Take a view’ and the ‘Landscape Photographer of the Year’ shall be seen as interchangeable terms. For clarity, submitted images may be used to promote the ‘Landscape Photographer of the Year’, in addition to ‘Take a view’."

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.        

  1. The terms and conditions do not state you will always be credited when your work is reproduced except when used by the UK's tourist organisations. One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced.

  2. The terms and conditions are granting the organiser 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, and no other purpose. It is permissable to use winning works for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

  3. A number of tourist and other organisations will be given the right to make commercial use of your images until 31st December 2009. 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.

    Going on, it is not absolutely clear that the terms and conditions limit usage of your work to that needed solely to promote the competition or appeal, and no other purpose. The terms and conditions state works will be used "for any purpose connected with the competition" but don't include a phrase such as "and no other purpose" which would have made the intent absolutely clear.  Likewise it is not absolutely clear what is meant by usage on "any merchandise commissioned by the organisers", is this restricted to promoting the competition and no other purpose?

The above may help you to decide not to submit any works to this competition or appeal. For further guidance please read the Bill of Rights for Artists.

SPONSORS

#EnjoyEngland  #Northern Ireland Tourist Board  #Visit Wales, #Visit Scotland, #Jersey Tourism #VisitGuernsey  #Visit Britain  #Britain on View  #Light and Land  #National Theatre  #Sunday Times Magazine  #AA Publishing  #Amateur Photographer  #Bayeux  #Campaign to Protect Rural England  #Páramo - outdoor clothing with a difference  #Outdoor Photography  #Fuji Film  #Calumet  #Lowepro  #Giottos  #B+W

CONTACT

To complain to the organiser use this email address

To visit the competition website click the competition title above to submit the free image we have created. Note that the competition link may cease to work at some point after the competition results are announced.

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 you can use the free image 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 10th June 2008.

 

Failing the Bill of Rights


 

The Bill of Rights Standards for Creative Competitions

Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -

  • claim copyright
  • claim exclusive use
  • seek waiving of moral rights
  • fail to give a credit for all free usage
  • add, alter, or remove metadata from submissions
  • seek usage rights other than for promoting the contest and no other purpose. Note that a book, posters, cards, or a calendar are seen as legitimate ways of promoting the contest and defraying costs
  • seek free usage rights in excess of 3 years
  • use the submissions commercially without the entrant's agreement, and such commercial usage is to be subject to a freely negotiated license independently of the competition.
  • make it a condition of winning that an entrant must sign a commercial usage agreement
  • fail to publish all documents on the competition website that an entrant may have to sign
  • fail to name the judges for this or last year's competition
  • fail to explicitly state all the organisations who will acquire rights to the submissions
  • set a closing date more than 18 months after the contest launch date
  • fail to make clear statements of rights claimed and how submissions are used.

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

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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.

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