VisitScotland is the national tourism organisation for Scotland and on its website states that its main aim is to contribute significantly to the advancement of Scottish tourism. It is funded by the tax payer via the Scottish Government, in 2010-11 the grant they received amounted to £45,405,000
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 (extract)
By entering the Promotion, Eligible Entrants grant VisitScotland a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable licence to use, reproduce, publish, modify, adapt, distribute, store, run, display, creative derivative works from, cause to be seen or heard and communicate to the public the entry (or including the photograph and text that forms part of the entry) in all media, in connection with the promotion of Scotland and purposes of the competition. The organisers will strive to credit every image used however can’t be liable for instances when this has not been possible.
By entering the Promotion, Eligible Entrants acknowledge that their entry may be used by the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them.
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 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. 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 by VisitScotland for all their current and future promotional and marketing 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.
Images can be used with crediting them as your work.
Note that the VisitScotland Photo library is managed by Scottish Viewpoint - an independent photo library which holds the largest collection of images of Scotland in the world. The VisitScotland website states that the visitScotland Photo library is at www.scottishviewpoint.com and that reproduction charges may apply unless requests for images are part of initiatives in partnership with VisitScotland. It is assumed that your competition images will be added to this library and made available for commercial use as in this example. On making license fee enquiries about that particular image, for usage as follows, reproduced at A6 on an A5 flyer, print run 10,000, the license fee would be £55.00.
This competition is designed with the aim of gathering as many 'free to use' photos as possible for future exploitation, with no compensation to the creators, nor any guarantee even of a credit. For further guidance please read the Bill of Rights for Artists.
We have written to this organisation about the above, submitted a link to this report and urged them to adjust the competition rules as set out in the ABoR Principles document. We have asked them to indicate whether or not entrants' images are added to the library at Scottish Viewpoint.
#The Herald Newspaper
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 28/02/2012
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.