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

Torpedo7 #MySeeYouOutThere

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

About This Organisation

Torpedo7

About this Organisation

traffic-light-stop"Based in Hamilton, New Zealand, Torpedo7 was founded in 2004 by mountain bike enthusiast Luke Howard-Willis.…What began as a venture based on the premise of filling a gap in the marketplace is now one of New Zealand's most successful and widely recognised online retailers." About Us

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 #MySeeYouOutThere Photo Competition; closing date 25 January 2015

CLICK HERE to see #MySeeYouOutThere Photo Competition; closing date 25 January 2015

#MySeeYouOutThere Photo Competition

TERMS AND CONDITIONS

  • To submit via Instagram, a users profile must not be set to ‘private’. Contestants may enter directly via the Facebook app in such cases.
  • Copyrighted … or otherwise questionable content will not be considered.
  • Copyright for all images submitted for this Competition remains with the respective entrants. However, in consideration of their providing the competition, each entrant grants a worldwide, irrevocable, perpetual license to Torpedo7 to feature any or all of the submitted images in any of their stores, their websites and/or in any promotional material.

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 essentially mean that you 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 not like. Images should only be used to promote the competition and archived in a dedicated gallery.

  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.

  4. The terms and conditions show a misunderstanding of copyright. Stated terms say you may not submit copyrighted material but that you must own the copyright to the material you submit.
  5. Submitting work via social media is not in accordance with our principles because of their changing terms and conditions and their inconsistent practices regarding metadata (ownership) preservation.

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.

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: https://www.torpedo7.co.nz/torpedo7/contactUs.do

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 2014-12-24 13:11:10

 

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
  • 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
  • publish all documents on the competition website that an entrant may have to sign
  • name the judges for this or last year's competition
  • 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
  • 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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