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

North Dakota Office of Tourism | Governor's Photo Contest

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

About This Organisation

North Dakota Office of Tourism

About this Organisation

traffic-light-stopWe welcome you to North Dakota, where travelers discover what it means to be legendary. Explore our outdoor activities, history, culture and wildlife, and find information on attractions, events, accommodations and more to help you plan your visit.

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 11th Annual Governor's Photo Contest; closing date 26 August 2014

CLICK HERE to see 11th Annual Governor's Photo Contest; closing date 26 August 2014

11th Annual Governor's Photo Contest

TERMS AND CONDITIONS

Submission of the photo is the entrant’s guarantee, as the photographer and copyright holder of the photo, that they have the rights to distribute the image.

  • You must have the consent of those whose faces are visible in the image.
  • By entering the contest, photographers agree to authorize North Dakota Tourism, AAA and their official marketing partners to use that image in promotional materials offline and online. Photos will be credited whenever possible.
  • Winning photographers agree to unlimited usage by North Dakota Tourism for promotional materials and websites. Photos will not be sold.

You may submit your photos online through Flickr.

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 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.

  3. 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, submitted a link to this report and urged them to adjust the competition rules as set out in the ABoR Principles document.

SPONSORS

North Dakota Travel Tourism, AAA North Dakota, North Dakota Governor's Office, North Dakota Council on the Arts.

CONTACT

To write to the organiser and urge thi to adopt the principles set out in the Artists' Bill of Rights use this this contact link: http://www.ndtourism.com/contact-us

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 2014-09-22 10:24:28

 

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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