Allianz Insurance is the UK arm of the German parent company Allianz. Alliance Insurance operates a number of divisions within the UK including companies such as Allianz Commercial, Allianz Retail, Allianz Legal Protection, etc., etc. One of the divisions is Petplan, a company offering specialist insurance protection for pets to cover the costs of veterinary treatment.
Competitions 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.
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.
Closing Date - no date given
TERMS AND CONDITIONS
I grant Petplan a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, print, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit my submissions throughout the world in any and all media;
I irrevocably grant permission to Petplan to use the photograph(s) (and the images and content therein), in whole or in part, on its websites and in print and electronic or any other media now or hereafter known (including catalogs and advertising), and to edit, combine with other material and make derivative works of same, in whole or in part, without notifying me and without obligation to you;
I hereby waive any right to inspect or approve the final display or other exploitation of the photograph now or in the future, whether that use is known to you or unknown, and to any right to royalties or other compensation arising from or related to the use of the photograph;
I represent and warrant that if any minors appear in the photograph or photographs, I am the mother, father or duly appointed guardian of such child(ren) or have the irrevocable permission of the parents or duly appointed guardian(s) of such child(ren) to grant the rights set forth herein to Petplan on behalf of such minor(s) and will indemnify Petplan in the event of this representation proving to be false or misleading in any respect;
The stated aim of this 'contest' is to collect more than 138,000 photographs, it has no other purpose. There are no prizes listed on the contest website.
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
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.
The terms and conditions do not state you will always be credited when your work is reproduced.
The terms and conditions are granting the organiser unlimited use of your work for ever. For non-winning works a usage time limit of 5 years or less should be set with usage limited solely to promoting the competition or appeal. Winning works can be used for ever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.
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 the organisation 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.
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.
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 the free image can also be used 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 1st July 2009
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 above in italics has been extracted from a competition 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. One of the campaign team will get in touch with you.