North Wales Borderlands is a United Kingdom publicly funded organisation established to promote tourism in the North Wales area. It is supported by Wrexham County Borough Council, Denbighshire County Council, and Flintshire County Council. In 2011 North Wales Borderlands sought an 'official' photographer' who would work for free.
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.
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.
TERMS AND CONDITIONS
The purpose of this competition is to enable a publicly funded organisation, North Wales Borderlands, obtain a supply of images free to use from the public, as if they were a charity. Organisations funded by the tax payer should pay for the services they need, this includes obtaining creativity from the public. The following terms and conditions are displayed on the competition website (but only if you 'like' their Facebook page);
You can also see them here without 'liking' their Facebook page.
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.
The terms and conditions are only available if you 'like' the organisation's Facebook page. No one should have to 'like' an organisation in order to read the terms and conditions for a competition or appeal. We certainly don't 'like' that.
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.
The terms and conditions are granting the organiser unlimited use of your work for ever, this will prevent you from ever agreeing an exclusive license for the use of your image with any other business or organisation. 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. 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.
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, e.g. marketing. 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.
#Wrexham County Borough Council, #Denbighshire County Council, and #Flintshire County Council
To write to the organiser and urge them to adopt the principles set out in the Artists' Bill of Rights.
Use this these email addresses to contact the county councils which support North Wales Borderlands - write to any or all of them as you wish at -
If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser.
We have written to the councils, submitted a link to this report and urged them to adjust the competition rules as set out in the ABoR Principles document. In our email to the various councils we made the following point -
"The terms and conditions set out by the “Be Our Official Photographer Competition” will be viewed with considerable dismay by creative people. The competition seeks to gain photographs from the public and exploit the photographs, without payment, by North Wales Borderlands for marketing purposes. Public authorities often state, in defence of such actions, that the photographs are not being commercially exploited, this argument being presented simply on the grounds that they are a public authority. This is an invalid argument, the photographs are being commercially exploited, in this case to increase tourism to the benefit of local businesses, and through them to the benefit your council. It is normal to pay for images that will used in advertising whether for a business or a public authority. We assume your council normally pays for the services and products it needs, so why make an exception for photographs?"
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 27/10/2011
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 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.