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

Quark Expeditions | Quark Cover Photo 2014

  • About This Organisation
  • About the Artists' Bill of Rights

About This Organisation

 

Quark Expeditions

About this Organisation

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Polar expedition service. "… we’ve taken thousands of curious travelers to corners of the world that earlier generations could only dream of visiting. Along the way, we’ve achieved an unprecedented series of firsts in polar exploration and have led the way in polar expeditions, making the Arctic and Antarctica accessible to travelers from 50 countries around the world."

Read more: http://www.quarkexpeditions.com/en/about-quark

About this Report

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.

How this Organisation's Competitions or Appeals are Listed

How this Organisation's Competitions or Appeals are Listed

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.

CLICK HERE to see Quark's Photo Cover Contest; closing date 20 July 2014

CLICK HERE to see Quark's Photo Cover Contest; closing date 20 July 2014

Competition Name

TERMS AND CONDITIONS

14. Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Photo in any media or marketing material and with right to use, copy, modify, edit, and create derivative works therefrom and agrees to execute documents confirming such right and license, at Sponsor’s reasonable request.

17. …All contest winners are required to sign a statement confirming they are the photographer of the prize photo(s) and a release to the contest sponsor in a time-frame specified by the sponsors or prize will be forfeited and another winner may be chosen.

20. (iii) he/she hereby holds the Sponsor and the Released Parties (as defined below) harmless from and against any third party claim arising from use of the photo and waives any right to inspect or approve uses of the photo to be compensated for any such uses. Participating in the Contest constitutes permission to the Sponsor and its agencies to use entrants’ names, biographical information, pictures/portraits, photo, likenesses and/or voices for purposes of advertising and trade without further compensation, unless prohibited by law. (iv) By Entering the contest, the entrance agrees to allow the Sponsors and their agency partners and affiliate to have unlimited use and unlimited rights to uses of the photo in any or all marketing material including electronic communication, printed material or promotional material worldwide for an unlimited amount of time and without compensation.

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. Quark Expeditions makes it clear in their terms they wish to use submitted images for promotional, commreical purposes without reservation. Any and all liability is yours. It is your choice whether or not to enter.

The terms and conditions are unclear about how your work will be used. Never submit works to a competition or appeal without knowing how the terms and conditions will affect your rights.

  1. 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.

  2. 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.

  3. The terms and conditions state that if you win, or are a potential winner, you are required to complete various additional forms, but the terms and conditions of these additional forms are not displayed on the competition or appeal website. This is like being asked to sign a blank cheque. It is not an acceptable business practice to require you to accept all the terms and conditions when submitting a work but fail to display all the terms and conditions on documents you may at some stage have to complete and sign.

  4. 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. 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.

  5. 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.

CONTACT

To write to the organiser and urge them to adopt the principles set out in the Artists' Bill of Rights use this contact form.

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 2014-07-24 09:17:52

 

About the Artists' Bill of Rights

 

The Artists' Bill of Rights principles 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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