Guides Artists Bill of Rights http://www.artist-bill-of-rights.org/guides/guides/ Mon, 24 Nov 2014 06:26:48 +0000 MYOB en-gb Artists Rights Posters http://www.artist-bill-of-rights.org/guides/guides/artists-rights-posters/ http://www.artist-bill-of-rights.org/guides/guides/artists-rights-posters/ Artists Rights Posters

A series of eye-catching posters designed to promote the rights of artists will help the Artists' Bill of Rights campaign aims to reach a wider audience. The first set of posters are illustrated below and others will be added as they become available.

{slide=Posters designed by Van Cols Ltd}

The following posters were created for Artists Rights by Van Cols Ltd - we are very grateful to Janus van Helfteren, the owner, for creating them. There are two themes for these posters, 1) that artists rights are human rights, and 2) the importance to artists of understanding the small print that appears in contracts that concern their creative works.

Thumbnails of each poster are illustrated below - click on any to see a larger version and for more information. Please feel free to add any of the posters that appeal to you to your own website, post them on social media, and send them to your friends. Commercial use is prohibited.

post_12-295

post_8-295
ABOR_post_01-295post_2n-295post_14-295post_3n-295

{/slides}

]]>
photo@gordon-c-harrison.co.uk (Gordon Harrison) Guides Wed, 18 Apr 2012 12:34:35 +0000
Competitions and Social Networks http://www.artist-bill-of-rights.org/guides/guides/competitions-and-social-networks/ http://www.artist-bill-of-rights.org/guides/guides/competitions-and-social-networks/ Competitions and Social Networks

{tabs=Multiple Terms and Conditions}

Some competitions require entrants to upload their creative works through services such Facebook, Google+, Flickr, Twitter, etc., etc.

One of the problems with this approach to running a competition is that the entrants' creative works are not just subject to the terms and conditions of the competition. They also become subject to the terms and conditions of the social network through which the entrants' creative works are being uploaded.

In addition to being subject to the terms and conditions of the social network at the time of uploading the works, they will also be subject to future changes to social networks' terms and conditions. These can happen at any time and are normally applied retrospectively. This means that it is impossible to be entirely certain about how creative works submitted to competitions will be used in future by the social network and its partners. Even if their T&Cs were fine today (and at present we know of none that comply with the Artists' Bill of Rights) there is no guarantee that they would remain so.

These concerns mean that we cannot recommend any competition that requires entrants to upload their creative works through a social network. Competitions should arrange that entrants upload works directly to the promoters bespoke competition website, this ensures the entrants' works will only be subject to one set of terms and conditions, i.e. the competition organisers. This ensures clarity and simplicity. It is possible to promote the competition via a Facebook page to engage with your community. It is also possible, by means of a customised Facebook page, to display competion entries that are hosted on the competition website.

While we will not go into detail about the various social network terms and conditions it should be noted that they all have terms of service that claim extensive rights to use any content uploaded to them, including passing on such rights to third parties. They all claim more rights than those set out in the Artists' Bill of Rights which is yet another reason why competition submissions should not be uploaded via social networks.

However, the competition may be promoted via social networks to engage with potential entrants, but uploading of competition submissions should not be routed via social network services or file sharing sites.

{tabs=Deletion of Copyright Metadata}

How Does a User Know Who Owns an Image?

A significant problem with social networks is that many of them actually delete copyright information from uploaded digital content. Images contain metadata, i.e., information about the photograph such as when it was taken, the lens used, and the name and contact information of the author. This latter item, the name of the photographer, is part of the copyright metadata, and usually this will be accompanied by another piece of information, the copyright status, e.g. copyrighted and all rights reserved.

This copyright information is embedded in the photograph, and although not displayed can easily be revealed by a tool such as Jeffrey's EXIF viewer. (You can view a help video that shows how easy it is to use.)

Digital copyright metadata is the equivalent of an artists' signature on a painting or the authors' name on a book It is an artists' moral (and legal) right to be identified as the author of their work. To remove the authors' name from a creative work is a dishonourable practice, at best, and contravenes the law in many countries. Below is an excerpt from Title 17, Chapter 12, of the US Code related to Copyright Law.

§ 1202 . Integrity of copyright management information

(b) Removal or Alteration of Copyright Management Information. — No person shall, without the authority of the copyright owner or the law —

(1) intentionally remove or alter any copyright management information,
(2) distribute or import for distribution copyright management information knowing that the copyright management information has been removed or altered without authority of the copyright owner or the law, or
(3) distribute, import for distribution, or publicly perform works, copies of works, or phonorecords, knowing that copyright management information has been removed or altered without authority of the copyright owner or the law,

knowing, or, with respect to civil remedies under section 1203, having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any right under this title.

Unfortunately the practice of removing copyright metadata is common. Twitter and Instagram automatically remove embedded copyright metadata from all images. You can expect nearly the same from Facebook. The result is that when a user shares or downloads your image, it becomes an "Orphan Work", a work whose author is unknown. There are millions of orphan works created each day in this way and they are subject to considerable abuse. In the UK, it is now possible to use these orphaned works commercially. The US is considering ways to do the same.

Protect Yourself

IPTC published a survey of social media and image hosting services (OSPs) that remove metadata from images. Study it and learn who is doing what to your image metadata.

To learn about metadata and digital asset management, visit Controlled Vocabulary and the DAM Coalition.

How You Can Help

At present, various associations and campaign groups are pressing for legislative action to give regulatory authorities the power to require that OSPs (Online Service Providers) preserve copyright metadata. You can help. A first step would be to support the Embedded Metadata Manifesto!

{/tabs}

]]>
photo@gordon-c-harrison.co.uk (Gordon Harrison) Guides Mon, 14 Nov 2011 11:42:40 +0000
Organisers Guide to the Bill of Rights http://www.artist-bill-of-rights.org/guides/guides/organisers-guide-to-the-bill-of-rights/ http://www.artist-bill-of-rights.org/guides/guides/organisers-guide-to-the-bill-of-rights/ Organiser's Guide to the Bill of Rights

{tab=Fair T and Cs}

 

A Guide to Creating Fair Competition Terms and Conditions

This guide has been written to help organisers of competitions seeking creative works construct terms and conditions that specify the usage rights they need for works submitted to their contests.

Sample terms and conditions are provided and the guidance is written such that the terms and conditions created will comply with the standards set out in the Bill of Rights For Artists.

If you are unfamiliar with intellectual property rights and licensing please read the Guide to Rights and Licensing before using this guide. That guide steps through the various concepts that need to be understood before you create terms and conditions for your competition.

Don't be tempted to copy terms and conditions from another contest, that could be a serious mistake. Terms and conditions from another contest may not be appropriate for yours, nor can you be sure that they provide you with protection against potential legal actions that can arise from competitions. It is also possible that copied T&C's could be unfair to entrants and result in bad publicity for your contest.

If you are using a lawyer to draft your contest terms and conditions, and we would recommend that most organisers seek legal advice, then bring the Bill of Rights For Artists and this Guide to your lawyers attention.

This guide is split into four parts. Following this first introductory part there are three further parts as shown by the tabs. The second part deals with the statements you need in your terms and conditions to set out the responsibilities of entrants to your competition or appeal with regard to the rights of others.

The third part deals with the statements you need in the terms and conditions which set out the rights the entrants are to grant your organisation by entering the contest.

The fourth part deals with judging, release documents and the closing date for entries to your competition.

Note that the Bill of Rights for Artists has made special provisions for charities that depend on donation or subscriptions to support their cause. Full details are given in the section of the Bill of Rights dedicated to charities.  Note however that charities and non-profit making organizations should create terms and conditions as per this guide and only seek specific additional rights by voluntary donation as described in the Bill of Rights.

Conventions used in this Guide

Italics. Note that all sample terms and conditions displayed in this guide are shown in italics.

Bold. In the sample terms and conditions the phrases Competition Name and Organization Name appear in bold to indicate that you should substitute these phrases wherever they appear with the name of your competition and organization respectively.

( text ) Note also that in some of the sample terms and conditions there are optional clauses and/or phrases that may or may not apply to your contest. They are shown in brackets ( ).  Include or exclude such optional clauses or phrases within your own terms and conditions as appropriate.

<n > Indicates the number of years that you need the right to use entrants works for.

When creating your own terms and conditions from the sample terms and conditions given in this guide replace <n > with the appropriate number of years.

{tab=Entrants Responsibilities}

 

Entrants Responsibilities

Entrants Responsibility not to Infringe the Rights of Others

It is possible for entrants to your contest to submit works that -

May not be their own

May contain recognisable images of people

May contain images of recognizable property

May contain trademarks

May contains images of commercial products

Promoting your competition by publishing such works without the appropriate permissions could result in legal action being taken against you and having to meet substantial costs.

To avoid the burden of such costs falling on your organisation you should declare in your terms and conditions that entrants are fully responsible for ensuring that the works they submit do not infringe the rights of others, and that they will be responsible for meeting the costs of any claims brought against you by third parties in respect of works the entrant has submitted.

Listed below are example terms and conditions setting out your requirements with regard to the rights status of the submitted works, and the permissions that entrants must have for specific types of work –


1 Copyright and Permissions

1.1 By submitting works to this contest you confirm that for each work submitted -

  1. You alone are the author of your work and that it is your original work,

  2. You are the sole copyright holder,

  3. You have not licensed any rights in the work that conflict with the usage rights required by Organization Name,

  4. You have the permission of any persons in the work, or if they are under 16, the consent of their parent or guardian, to grant the usage rights required by Organization Name,

  5. You have permission from the owners of property shown in the work to grant the usage rights required by Organization Name,

  6. That it does not include trademarks, contract rights, or any other intellectual property rights of any other third person or entity,

  7. That it does not contain  names, likenesses, or other characteristics identifying celebrities or other public figures, living or dead,

  8. That it has not been a winning or shortlisted entry in any other competition,

  9. You will be responsible for any claim made by any third party in respect of Your entry and to fully indemnify Organisation Name and its sponsors in respect of all royalties, fees and any other monies owing to any person or entity by reason of Your breaching any of the foregoing.

1.2 Organisation Name reserves the right, in its sole discretion, to disqualify any entry that does not comply with any of the above, even after the entry is submitted on the competition website.


Entrants Responsibility to submit Acceptable Content

You should define in the terms and conditions what you consider to be unacceptable content in the submitted works, for example pornographic material. The sample terms and conditions below set out the usual criteria for defining unacceptable content -


2 Unacceptable Content

2.1 Organisation Name reserves the right, in its sole discretion, to disqualify any entry -

  1. That contains personally identifiable visual information about You or any other person,

  2. That contains threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content,

  3. That contains any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

2.2 You agree to fully indemnify Organisation Name and its sponsors in respect of all costs owing to any person or entity arising by reason of Your breaching any of the foregoing.


{tab=Organiser's Rights}

 

Defining the Rights You Need

Respecting the Artists' Rights

Clearly there will be some variation in the rights an organisers needs depending on how a contest is being promoted and the usages required. The sample terms and conditions given in this part cover all the usages permitted by the Bill of Rights For Artists and therefore may include usage rights that you do not require. You can omit those terms and conditions concerning rights that you do not require.

Usually competition terms and conditions that define the rights needed by the organiser begin with a statement to re-assure the entrant that their copyright is respected and that the organiser does not make any claim on the entrants copyright for the submitted works. A statement should also be included to state that when the entrants work is published it will always be credited. For example -


3. Your Copyright and Moral Rights

  1. Organisation Name respects Your rights and does not claim copyright for works You submit to this contest, You will retain full copyright in each entry.

  2. In addition your moral rights are respected. Whenever Your work is published by Organisation Name (and its partners) You will be credited.  Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition.


Moral Rights

You may see statements in some contests requiring entrants to waive their moral rights. Such a statement is prohibited by the Bill of Rights for Artists and should not be used in terms and conditions.

We are aware that there is no specific provision in, for example, U.S. copyright law with regard to moral rights (as set out in the Berne Convention), however it is claimed in the U.S. that other provisions within U.S. law provide similar protection.

However, the Bill of Rights for Artists takes its lead from the Berne Convention and stands on the principle that moral rights will be respected in competitions worldwide regardless of the presence or absence of specific legislation regarding these moral rights in individual countries.

Two of the important moral rights considered in this section are the right to be credited and the right to object to derogatory treatment of one’s work.  The right to be credited is explicitly dealt with in the sample terms and conditions at 3.2 above.

With regard to objecting to derogatory treatment it is sometimes proposed by an organiser’s legal counsel that a ‘waive moral rights’ statement be added as a way of ensuring that entrants are unable to bring an action against the organiser for say, cropping a photo.  Far be it from us to criticise legal counsel, who after all are only trying to protect their client, as they should, but the use of such a statement only brings a contest into disrepute amongst the public, the public are less likely to enter it, and it is likely to generate negative publicity for the organiser.  All unwelcome and unecessary outcomes.

Requesting that moral rights be waived is unnecessary providing the organiser is clear in the terms and conditions about the rights they need. One of the rights they may need is the right to slightly crop a work to make it fit to some pre-defined layout on a website, publish it on a card and so on.  It is unlikely that as an organiser you would wish to crop a work to such an extent that the entrant who submitted it would feel that it is derogatory treatment of their work. To spoil the appearance of an work by excessive cropping is not in the competitions interest, the contest is best promoted by displaying the works sympathetically and as the creator would expect.

Defining the Rights You Need

The rights needed by a contest organisers are usually presented as a list as the sample terms and conditions below illustrate, each list item defining one of the rights needed. Note that paragraph 4.2 below specifies the period of time that the rights are required for. The Bill of Rights permits a maximum period of five years but choose the shortest period of time appropriate to the usage rights you need.


4. Use of works

4.1 By entering this contest You agree agree that any (winning or shortlisted) work You submit may be used by Organisation Name (and its partners) solely for marketing and promotional purposes of this contest or future contests and no other purpose, these uses include;

  1. judging the competition,
  2. displaying the entries on the competition website (and websites of partners),
  3. displaying the entries at public exhibitions to promote the competition,
  4. displaying the entries in a book, magazine or similar,
  5. publishing the entries on posters to promote the competition,
  6. publishing the entries on postcards to promote the competition,
  7. publishing the entries on a calendar to promote the competition,
  8. cropping and re-sizing the work as necessary to fit pre-defined formats to promote the competition,
  9. sub-licensing the entries to the press for reproduction in connection with the competition and any related exhibition,
  10. inclusion within any materials promoting the competition or any exhibition of works from this competition organized by Organization Name

4.2 You hereby grant Organization Name a non-exclusive, irrevocable licence in each Entry throughout the world  in all media for the uses described in 4.1 above for <n> years following the date of announcement of the winners.

4.3 You acknowledge Your responsibility for protecting your Entry against misuse by third parties, by for example, but not limited to, the insertion of a watermark. Organization Name and its Partners can assume no responsibility and are not liable for any misuse of your work by third parties.

4.4 Should any uses of the work beyond those needed to promote the contest arise You will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the competition.


Notes on the Use of Works Terms & Conditions

In paragraph 4.1 above note the optional phrase winning or shortlisted. You should include this phrase if you intend only to use the winning or shortlisted entries to promote the competition.

In paragraph 4.2 insert the number of years that you intend to use the works for. The Bill of Rights for Artists permits up to a maximum of five years usage, choose the shortest time period appropriate to your promotional needs.

The list of uses given under paragraph 4.1 above are typical of the common usages. Delete those uses you don't need. Add any other uses you do need providing such uses are solely to promote the competition.

Paragraph 4.4 makes clear that any uses beyond those needed solely to promote the contest are to be negotiated with the creator independently of the competition.

{tab=Judges, Releases, End Date}

 

Judging, Releases & Closing Dates

Judging

Somewhere on the contest website there should be notes about judging and judges. The Bill of Rights for Artists states that entrants should know who is judging the contest along with brief biographcal details about them. When the Bill of Rights was being drafted the view was that entrants should know if their works are being judged by people with appropriate experience.

There are two methods of satisfying this requirement. In method one the contest website lists the judges along with notes about their background and experience.

In method two, to ensure anonymity during the judging phase, the judges details are not disclosed on the contest website until after the winners of the contest are announced.  Either method complies with the Bill of Rights. Note that in the case of annual contests using method two when a contest is launched last years judges could be named from the outset.

Release Documents

If your competition terms and conditions require an entrant to sign a release document, or any other document at any stage as part of the competition process, then the documents concerned must either be displayed in full on the contest website for an entrant to view, or at least the full content of the terms and conditions from the documents be listed for entrants to read. Contestants should be able to read all the terms and conditions they may be subject to before they enter your contest.

Closing Date

Either in the terms and conditions, or somewhere on the contest website, a closing date/time for entries should be declared and this date/time must not be more than 16 monhs beyond the competition launch date.

Other Terms and Conditions

In addition to those detailed previously in this guide you will need many other terms and conditions for your competition.

These will cover such diverse subjects as which entrants are eligible (professional and/or amateurs), any age limits and/or age ranges for entrants, the countries the competition is open to, the format or theme of the submitted works, how to submit them, return arrangements (if any), the theme and subjects to be addressed by the photographs, entry fees if any, prizes, and so on.

This guide was specifically written to address the main legal issues concerning rights and photography competitions but we may add further guidance on some of these other topics at a later date.

{/tabs}

]]>
photo@gordon-c-harrison.co.uk (Gordon Harrison) Guides Fri, 07 Jan 2011 15:17:21 +0000
Guide to Rights & Licensing http://www.artist-bill-of-rights.org/guides/guides/guide-to-rights-%26-licensing/ http://www.artist-bill-of-rights.org/guides/guides/guide-to-rights-%26-licensing/ Introduction to Rights and Licensing

{tab=Intellectual Property}

 

Intellectual Property

If you are entering a competition that seeks creative works such as photos, paintings, music, poems, etc., or you are an organiser of such competitions, we hope this article will help you to understand the importance, purpose and the need for terms and conditions in such competitions.

The object of this article is twofold -

  1. To give competition entrants the understanding they need to decide if terms and conditions of a competition are acceptable to them
  2. To give competition organisers and entrants a basic understanding of intellectual property rights and how they apply to creative competitions.

Note this article is not a full treatment of the law concerning intellectual property rights, that's a subject that legal specialists give their life to.

However, intellectual property rights and the licensing of these rights can be reduced down to simple concepts that everyone should have a basic grasp of. A knowledge of these concepts will enable entrants to read and understand competition terms and conditions. It will also help competition organisers to determine the rights they require entrants to grant to them to enable them to promote their competition.

 

Copyright & Intellectual Property

You create a work of art, a photo, a poem, a painting, a film etc., you could be an amateur doing it for fun, or a professional, the law grants everyone equal rights with regard to the works they create. The instant you create a work the law makes you the copyright owner of that work (but see note 1).

There are no forms to fill, you don't need to register your work, you just need to create it, you are now a copyright owner.

What does this mean?  It means that no one else can use or reproduce the work you have created without your permission. Being the copyright owner automatically gives you legal rights to control who, when, where, and what your work can be used for, these rights are commonly referred to as intellectual property rights.  Every country in the world has copyright laws in place to protect people and their works and these laws enable people to place a value on their creativity. It is a basic human right.

If you have ever created a work
YOU are a creator, a copyright owner, and have rights.

It is possible to legally transfer your copyright for specific works to another person or organisation, but there are very few good reasons for doing so. Always take legal advice from a lawyer who specialises in intellectual property law should anyone or any organisation propose that you transfer your copyright to them.

You may occasionally see competitions with rules requiring you to transfer your copyright or intellectual property rights to the organiser, do not enter such contests. Competitions with terms and conditions that are fair to the entrants will not make such demands of you. We will explain what we mean by fair terms and conditions later in this article.

Note 1. If you are an employee and create a work in the course of your employement it is likely that the copyrght belongs to the employer, dependent of course on any agreement that may be in place between you and your employer.

{tab=Licensing}

 

Licensing

We need to talk about licensing now, to begin with a few notes about how creative works are licensed generally, then we shall discuss licensing and how it relates to creative competitions. For the purposes of this explanation we will consider licensing a photograph, but the principles described below apply generally to any creative work.

Licensing a photograph involves the photographer giving permission to use a photograph, via a license document, to a person or organisation. In return the person or organisation will pay an agreed license fee to the photographer.

Typically a license document will spell out how long they can use the photograph for, a year for example, what it can be used for (e.g. one specific usage, say in a book, or a particular advert), and where it can be used, in one country for example, or throughout Europe, or worldwide. The greater the rights requested, say usage for two years instead of one, or to have multiple uses, the greater will be the license fee charged by the photographer for these rights.

When the agreed license period expires the image must cease being used by the person or organisation the license was granted to. They can apply to the photographer for another license, and the photographer will charge another fee. This is how people can profit from their creativity.

Perhaps you are an amateur photographer, or only taking a family snap, and may think that your photograph has no value to anyone else. Your photographs are valuable. There are some organisations that harvest photographs taken by the public in order that the harvesting organisation concerned may profit by licensing the public's photographs to other organisations. Typically the harvesting is done via photographic competitions, but sometimes the harvesting is carried out by a straightforward appeal for photographs.

Competition Terms and Conditions = License

When submitting a work to a competition the entrant is in effect granting a license to the contest organiser, a license that enables the organiser to use the entrants work. Note that the competition organiser does need certain rights to use the submitted works to promote the competition, to display them on a contest website, to sub-license them to the media in order that publicity about the competition can be published, and so on. The competition terms and conditions (sometimes called rules) will set out which rights entrants have to grant the organiser if they wish to enter the competition.

It is up to entrants to read and understand these terms and conditions, to take note of the rights they have to grant the organiser, and to decide whether granting these rights are acceptable to them or not.

It is up to organisers to determine what are the rights they need to promote their competition, and also to set out the rights they need clearly and simply for entrants to understand.

Types of License

There are currently two predominant types of license, the Rights Managed license, and more recently the Royalty Free license has entered the arena.

Rights Managed is the traditional form of licensing whereby a work is licensed for a specific usage for a set time period in a specific geographical area; it may have other contraints on it's usage set out in the license. The wider the rights required by the licensor the bigger the license fee, and at the end of the time period set out in the license the work must cease to be used.

On the other hand the Royalty Free license involves a single initial fee payable by the licensor which normally entitles them to use the work in perpetuity for any purpose.

Typically competition terms and conditions will specify that the license the entrant is to grant to the organiser is of the Royalty Free type. Sometimes the Royalty Free license set out in the competition terms and conditions is time limited to a specific number of years, for example two years. In such a case the organiser would no longer have the right to use the submitted works after the two year period set out in the terms and conditions expires. Competition terms and conditions should set out a time limit during which they are permitted to use the entrants works to promote the competition.

In some contests the license is described as a perpetual Royalty Free license which enables the organiser to use the entrants works for ever. In order to promote a competition a perpetual license is unecessary and unfair to entrants, a time limit should always be specified.

Exclusive and Non-Exclusive Licenses

A license to use a work may be declared as exclusive or non-exclusive. Lets say for example that an organisation wished to license the use of a work, but they want an exclusive license. That is, they want the creator to guarantee that he/she will not license that work to any other organisation while they are using it. The creator would charge a higher fee for such a license because it limits their ability to profit from that work.

Non-exclusive licenses on the other hand allow creators to license their works to multiple organisations concurrently.

Now consider the terms exclusive and non-exclusive in relation to competitions. If competition terms and conditions require entrants to grant the organiser an exclusive license in perpetuity this would mean the creator can never use or license their work again because the usage required by the competition organiser in such a case is exclusive, and it is in perpetuity.

That is an example of an unfair license in that it effectively denies the entrant the use of their own creativity. They could not enter the work to another contest, publish it on Flickr, use it to create a greetings card, sell prints of it, etc, in fact they could be sued for doing so. It is for such reasons that it is very important to read terms and conditions and understand what they mean.

Competition terms and conditions that are being fair to the entrants will specify that the license the organiser needs is non-exclusive.

{tab=Moral Rights}

 

Moral Rights

Moral rights are a complex subject in their own right and here we only propose to present a simple view of them with particular relevance to competition terms and conditions.

Moral Rights are a basic human right and are part of the law of copyright in most countries. Three of the important safeguards set out by the law on moral rights are to ensure that -

  1. the creator is rightfully acknowledged as the creator of their works.
  2. the creator has a legal right to object to derogatory treatment of their work.
  3. that there is a right to privacy with respect to works, that is they do not infringe on others privacy.

Moral rights are recognized in most countries as part of their copyright law, but in the U.S. for example this is not the case. The U.S. views "moral rights" provisions as being addressed sufficiently by other statutes, such as laws covering slander and libel.

The Right to be Credited

If you submits an work to a competition and it is published as part of the promotion of the competition it is only fair that the you should be credited with a copyright notice everytime it is published, for example -

© Joe Bloggs

Apart from crediting you such a notice makes it clear that the work is also subject to copyright and who the copyright owner is. You should expect to find in the competition terms and conditions a statement that the creator will always be credited.

Sometimes the rules will say the organiser will credit the creator but cannot be held responsible for inadvertant errors.. This form of words may be employed where the organiser is cocerned that a third party, say a newspaper, omits, in error, to credit the creator despite being instructed to do so.

The Right to Object to Derogatory Treatment

In most countries this right gives the creator the legal right to object to mistreatment of his work in a way that is "prejudicial to the honour and reputation" of the creator.

However, regardless of the specific legislation in particular countries it should be seen as right and proper that nothing should be done to a competition entrants works that the entrant would feel was derogatory. This should not be seen as restricting the right of an organiser to resize or slightly crop a submitted entry in order that it may fit to their promotional material on the web, in magazines, newspapers or any other media.

The Right to Privacy

This right applies to everyone, not creators. If a work contains images of recognizable people and it is entered to a competition the entrant should obtain the permission of all those recognisable people that it can be used by the competition organiser.

This can be achieved by having each person in the in the work sign a model release form which gives the organiser the right to use the work for the purposes set out in the competition rules. Competition organisers may in fact require entrants to submit signed model release forms.

Waiving of Moral Rights

Note that unlike copyright, your moral rights cannot be assigned to anyone else.  You may, by a written and signed agreement, with another specific person or organisation, waive your moral rights for specific works. Such an agreement is called a waiver. So, even if you have legally transferred copyright to another person or body, you can still enforce your moral rights, unless you have also signed a waiver with that person or organisation, in which case you have lost the right to enforce your moral rights against that person or organisation.

Some contest terms and conditions will require entrants to waive their moral rights. This is not an acceptable practice.

In some cases it may be that the organiser, not actually intending to do anything that could be deemed derogatory to the works, is only seeking moral rights to be waived to give the organiser absolute assurance that they cannot be sued by a creator just cropping a photograph say. This is an overkill practice, the organiser should simply require the right to crop/resize the works as needed to promote the competition and not seek waiving of moral rights.

On the other hand waiving of moral rights may be sought to enable an organiser to do as they wish with the creators' works and to commercially exploit them. This is a reprehensible practice and it is unfair to the entrants.

{tab=Rights Grabbing}

 

Rights Grabbing

This is a phrase much bandied about with regard to competitions to which creative works are submitted. Many people have an approximate idea of what it means but until 2007 nobody had a precise definition. We set out in 2007 to remedy this lack of clarity and to provide a specific definition of rights grabbing with respect to competitions seeking creative works. Later we will give that definition but first we will discuss rights grabbing in general and it's effects.

Harvesting intellectual property rights from competition entrants to build valuable libraries of works that can be commercially exploited for the benefit of the organiser, and no benefit to the entrants who created the works, is generally viewed as rights grabbing. Rights grabbing can take many forms and the language used to express it in competition terms and conditions can be complex, subtle, and disguised.

The World Intellectual Property Organization defines the purpose of copyright and related rights as follows-

The purpose of copyright and related rights is twofold: to encourage a dynamic creative culture, while returning value to creators so that they can lead a dignified economic existence, and to provide widespread, affordable access to content for the public.

Rights grabbing seeks to take advantage of a dynamic creative culture without returning value to creators and therefore the practice of rights grabbing is unethical.

Damage caused by Rights Grabbing

Rights grabbing is damaging to individual human creativity. It damages the creative industry by reducing the need to commission or purchase works. Rights grabbing devalues creativity by acquiring creativity for nothing. Rights grabbing damages the reputation and honour of those organisations who deploy the practice in order to get 'something for nothing'. Rights grabbing can damage the honour and reputation of creators when their works are used to promote products, services, or campaigns they do not approve of. Rights grabbing is unscrupulous and indefensible.

In August 2007 the first draft of the Bill of Rights for Artists was created to set out in detail those rights that competition organisers need and can claim to promote their competitions. At that time it was called the Bill of Rights for Photography Competitions but the word Artists was subsequently introduced to widen its scope and the word 'Competitions' dropped for the same reason.

During its creation and for some time afterwards there was liaison with competition organisers and creative associations to ensure that the provisions set out in the Bill of Rights were reasonable and fair to both competition organisers and competitions entrants.

Rights grabbing can now be defined as the consequence of any competition terms and conditions which claim rights in excess of those permitted by the Bill of Rights for Artists.

Unintentional Rights Grabbing

As a result of discussions with many competition organisers it has been realised that competition terms and conditions do not always accurately reflect the organisers intent with regard to how they will use the works.

On occasions it has been discovered that organisers terms and conditions, which implied they were going to exploit the works commercially, did not in fact reflect the use the organiser was going to make of the works, they had no intent to commercially exploit the entrants works.  Further discussion revealed in some of these instances that they had been advised by the lawyer to claim such and such a right simply to protect the organiser against potential claims that entrants might make concerning the use made of their works.

On other occasions, the organiser, having no knowledge of rights and licensing had simply copied the terms and conditions from another contest. If, without understanding them, they copied T&C's from a contest using rights grabbing terms and conditions the organiser would not realise that this was going look very bad and they could be quite shocked to find themselves the target of angry complaints from creators of artworks.

Unfortunately one can only judge how a contest may use the entrants works by reading the terms and conditions.

The Bill of Rights for Artists sets out in precise detail the rights an organiser can claim. We have also written an Organisers Guide to the Bill of Rights; if you are an organiser you can use that guide to help you draft the terms and conditions with regard to the rights you need to promote your competition. It will also advise what you should include in the competition terms and conditions to provide legal protection against the various claims that could arise from running a competition.

{tab=Sample T and Cs}

 

Sample Terms and Conditions

Having discussed the need for and purpose of competition terms and conditions this article will be rounded off by displaying the kind of terms and conditions that would be used in competitions that meet all the provisions set out in the Bill of Rights for Artists.

Note that competition terms and conditions can be lengthy and cover much more than just the rights the organiser needs to use entrants works. In this example we are only going to look at the terms and conditions that concern the rights the entrant is required to grant the organiser and the entrants responsibilities regarding other peoples rights.

The terms and conditions from the contest are displayed in italics below - comments to explain their meaning will be displayed in the normal font.

Setting out the Entrants Responsibilities


1 Copyright and Permissions

1.1 By submitting works to this contest you confirm that for each work submitted -

  1. You alone are the author of your work and that it is your original work,

  2. You are the sole copyright holder,

  3. You have not licensed any rights in the work that conflict with the usage rights required by Organization Name,

  4. You have the permission of any persons in the work, or if they are under 16, the consent of their parent or guardian, to grant the usage rights required by Organization Name,

  5. You have permission from the owners of property shown in the work to grant the usage rights required by Organization Name,

  6. That it does not include trademarks, contract rights, or any other intellectual property rights of any other third person or entity,

  7. That it does not contain  names, likenesses, or other characteristics identifying celebrities or other public figures, living or dead,

  8. That it has not been a winning or shortlisted entry in any other competition,

  9. You will be responsible for any claim made by any third party in respect of Your entry and to fully indemnify Organisation Name and its sponsors in respect of all royalties, fees and any other monies owing to any person or entity by reason of Your breaching any of the foregoing.

1.2 Organisation Name reserves the right, in its sole discretion, to disqualify any entry that does not comply with any of the above, even after the entry is submitted on the competition website.


The above terms and conditions make clear that it is the entrants responsibility to ensure that the works they submit do not infringe any other person or organisations rights.

For example, you must not submit a work owned by someone else, or submit a work that contains a trademark. Should you do so, or any of the other actions listed above, and claims arise against the organiser, you, as the entrant, will be fully responsible for meeting all costs that the organiser may incur due to your breaching any of the requirements listed above.

They also make clear that it is the entrants responsibility to obtain permissions from people portrayed in their work in order that it may be used by the competition organiser.

Defining Unacceptable Content


2 Unacceptable Content

2.1 Organisation Name reserves the right, in its sole discretion, to disqualify any entry -

  1. That contains personally identifiable visual information about You or any other person,

  2. That contains threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content,

  3. That contains any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

2.2 You agree to fully indemnify Organisation Name and its sponsors in respect of all costs owing to any person or entity arising by reason of Your breaching any of the foregoing.


The above terms and conditions make clear the kind of works that are unacceptable to the organiser, that the organiser has a right to disqualify offending entries and that you, as the entrant, will be responsible for any costs incurred by the organisers as a result of you breaching these conditions.

Respecting the Creators Rights


3. Your Copyright and Moral Rights

  1. Organisation Name respects your rights and does not claim ownership or copyright for works You submit to this contest, You will retain full ownership and copyright in each entry.

  2. In addition your moral rights are respected. Whenever Your work is published by Organisation Name (and its partners) You will be credited.  Failure to publish a credit due to error or oversight shall not be deemed a breach of this condition.


This makes clear that the entrant retains full ownership and copyright in each work they submit to the contest. A re-assuring statement which usually appears just before terms and conditions specify the rights that the organiser does need to promote the contest. In addition it makes clear that an entrants moral rights are respected.

Defining the Rights the Organiser Needs


4. Use of Works

4.1 By entering this contest You agree agree that any (winning or shortlisted) work You submit may be used by Organisation Name (and its partners) solely for marketing and promotional purposes of this contest or future contests and no other purpose, these uses include;

  1. judging the competition,
  2. displaying the entries on the competition website (and websites of partners),
  3. displaying the entries at public exhibitions to promote the competition,
  4. displaying the entries in a book, magazine or similar,
  5. publishing the entries on posters to promote the competition,
  6. publishing the entries on postcards to promote the competition,
  7. publishing the entries on a calendar to promote the competition,
  8. cropping and re-sizing the work as necessary to fit pre-defined formats to promote the competition,
  9. sub-licensing the entries to the press for reproduction in connection with the competition and any related exhibition,
  10. inclusion within any materials promoting the competition or any exhibition of works from this competition organized by Organization Name

4.2 You hereby grant Organization Name a non-exclusive, irrevocable licence in each Entry throughout the world  in all media for the uses described in 4.1 above for 2 years following the date of announcement of the winners on 31 August 2011.

4.3 You acknowledge Your responsibility for protecting your Entry against misuse by third parties, by for example, but not limited to, the insertion of a watermark. Organization Name and its Partners can assume no responsibility and are not liable for any misuse of works.

4.4 Should any work uses beyond those needed to promote the contest arise You will be contacted and given the opportunity to negotiate any such usage with the parties concerned independently of the competition.



The above sample terms and conditions makes clear that the organiser (and partners) require a license to use each work entered by the contestant, that it is non-exclusive, worldwide, irrevocable (you cannot change your mind) and for a maximum of two years starting on the 31st of August 2011. Contests that comply with the Bill of Rights will always specify a usage period of five years or less.

The terms and conditions also detail the way in which the works will be used and that by entering the competition you are granting the organiser a license to use the works you submit in the ways specified.

{/tabs}

]]>
photo@gordon-c-harrison.co.uk (Gordon Harrison) Guides Tue, 09 Nov 2010 22:55:16 +0000
Bill of Rights Introduction http://www.artist-bill-of-rights.org/guides/guides/bill-of-rights-introduction/ http://www.artist-bill-of-rights.org/guides/guides/bill-of-rights-introduction/ Introduction to the Bill of Rights for Artists' Campaign

{tab=Purpose}

 

Purpose

Perhaps the best way to start is to explain what the Bill of Rights for Artists is and why it was created. The Bill of Rights is -

  • an ethical set of standards for the protection of your rights in your creative works (e.g. photographs, poems, paintings, music, stories, etc.) when you submit them to competitions, and it was created to -

  • provide the foundation for a campaign to combat the exploitation by private and public sector organisations of your exclusive rights in your creative works.

When you create a work of art, such as a painting, a photograph, music, a story or poem, etc., the law gives you the exclusive right to control how it may be used, published or performed. This right enables you to require payment from other persons or organisations who wish to use, publish or perform any of your works.

For example, if you have ever taken a photograph the instant you take it you are a creator and you have legal rights over its use no matter whether you are a professional photographer or are just a person who has taken a family snap.  The law grants you that right (see note 1), and does so automatically, there are no forms to fill in to assert your rights.

Rights to use works created by you have an economic value regardless of your profession. There are countless organisations world-wide who want to have the rights to use any works created by you. Most don't want to pay you for permission to use them.

Notes

Note 1. If a person creates a work of art in the course of their employment it is normally the case that the rights in that work of art are owned by the employer, not by the employee.

{tab=Rights Abuse}

 

Rights Abuse

Creative works are constantly required by organisations to promote their businesses and aims. Like all business commodites the value of these rights is subject to negotiation between you and the organisation that wants the rights to use your works.

However, many organisations don't want to pay you for rights to use your work and they will take steps to obtain them from you for nothing. How is is this done? Simply by running a competition, or an appeal. Firstly they ask you to send your creative works, such as photographs, to the competition.

Next they will dangle prizes as carrots to encourage lots of submissions from others. The prizes often cost them nothing having been donated by a sponsor who may have been given the right to share in the spoils of the competition, the spoils being the entrants creative works. Another carrot often dangled is that your work may be published in some magazine or book for example, preying on the natural human desire to see their works being 'promoted'.

The terms and conditions of these competitions or appeals actually form a contract whereby you grant the organisation promoting the competition rights to use your work. Usually the T&C's allow the organisation the right to use your works for ever, to use them in advertising, even to profit from these rights by sub-licensing the rights to use your works to other organisations with no benefit ever being returned to you. It is very unlikely you will even be credited. This practice is often termed "rights grabbing" and its victims are the public.

{tab=Exploitation}

 

Exploitation of the Public

Rights grabbing is an unethical practice deployed against a public that, in the main, is unaware of their rights and how they are being exploited. The reason there is so little understanding within the public domain of intellectual property rights and their value is that the state education system gives scant regard to this topic in its curriculum.

Students at school are taught the skills needed to create artworks, through art classes, English lessons for creative writing and many other art related topics. However, they are not taught that they have exclusive rights over the works they create and that they can license use of their works for a negotiated fee, and can control how long the license will last.

It is not surprising then that students leaving the state education system, and consequently the public at large, are often easy prey for organisations who seek to harvest their intellectual property rights without paying for them. We may wonder to what extent this gap in the education system is deliberate policy to suit business interests.

Who are the organisations that do this?  Here are just a few examples -

  • Publishers of newspapers and magazines are in constant need of photographs and run a continual stream of rights grabbing competitions. Often they omit the bother of having a competition and just make an appeal to send your best photos of this or that.

  • The travel industry are very enthusiastic about acquiring your holiday photographs so that they can produce their holiday guides and brochures at least cost. This includes airlines, travel agents, hotel chains, and publishers of travel guides.

  • Governments and local authorities run frequent competitions seeking photographs of everything to do with the area they are responsible for. They use them to produce puff pieces about the great works they do for the public in their newsletters etc., are used by government departments responsible for tourism, or to turn a nice profit on publishing calendars for example.

In order to combat rights grabbing the Bill of Rights for Artists was drafted to set limits on the rights competition organisers can obtain. For example, in a competition they need the rights to display winning works to announce the winners, the rights to use the submitted works to promote the competition (and future competitions) in various media, and the Bill of Rights for Artists sets a time limit on all such rights.

In essence the Bill of Rights for Artists prohibits the granting of any rights to the organiser other than those needed by the organiser to promote the competition.

{tab=Campaign Aims}

 

Aims of the Bill of Rights Campaign

The campaign aims are as follows -

  • To provide a means whereby all artists' associations can unite around a common set of standards for preservation of their rights.
  • To promote the Bill of Rights' standards for the preservation of artists' rights in competitions and appeals seeking creative works. (Consideration may be given to widening that remit in future, e.g. to contracts.)
  • To promote organisations who support the Artists' Bill of Rights and to promote their competitions and appeals.
  • To educate the public about the purpose and value of their intellectual property rights and to enable them to recognise when they are being exploited.
  • To publish reports about the extent of rights grabbing and to analyse and quantify the rights grabbed by the private, public, charitable, and non-profit sectors.
  • To press for legislative changes that would protect the public from unfair and unethical terms and conditions that seek to exploit their intellectual property rights.

How the Campaign Works

Using our competition form the public can send us notices about competitions they have discovered.

Most of the notices we receive are about competitions with terms and conditions that fail to comply with the Bill of Rights. So let's step through the process for one such competition.

  1. The sender of the notice states that the competition fails to comply with the Bill of Rights. We check the terms and conditions to confirm this assessment and if it is correct we list the competition on the Competition Notice List. Competitions on this list are not recommended. This list is also used to prepare a detailed rights grabbing analysis showing how rights grabbing is apportioned between the private, public and non profit business sectors, also an analysis of what kind of rights are being grabbed and other related matters.

  2. Next we prepare a detailed 'Rights Off' report for the competition organiser. A Rights Off report details the terms and conditions that fail to comply with the Bill of Rights and what changes the Bill of Rights requires. The report is submitted privately to the organiser.

  3. If there is no response from the organiser within two weeks, or if negotiations with the organiser fail, we publish the Rights Off Report and a link to it appears on the Rights Off List. Competitons on this list are not recommended.

  4. If negotiations succeed and the terms and conditions of the competition are changed we promote the competition on the Rights On List. Competitions on this list are recommended.

Note that steps 2-4 above are subject to resources being available, not all competitions can be fully processed pro-actively in the way that we would wish.

Some competition notices received are about competitions that comply with the Bill of Rights, or are enquiries from a competition organiser. Such notices are given priority.

When writing to competition organisers we always take the opportunity to explain the benefits of becoming a Bill of Rights Supporter.  Bill of Rights Supporters agree not to organise or sponsor competitions unless the terms and conditions comply with the standards set out in the Bill of Rights For Artists.

In our reports we encourage the public to write and complain to organisations that run rights grabbing competitions, and to urge the organisation to become a Bill of Rights Supporrter.

{tab=Creative Disciplines}

 

Photography & Other Artistic Disciplines

In the beginning the Bill of Rights was drafted by a photographers' association, Pro-Imaging, to address the problem of rights grabbing in photography competitions. Through contact with other associations it was seen that other disciplines suffer similar abuses of their rights and that the Bill of Rights should also address their concerns.

To be inclusive the Bill of Rights Logo now proclaims "We support the Artists' Bill of Rights" so that it can apply to all creative disciplines.  All the content on the Bill of Rights for Artists website has been reviewed and instead of referring to photographs, or images, we now use the term 'work' or 'works' to refer to the product of any artistic discipline.

Further Information

If you want to know more about rights, how they work and their value you can read our Guide to Rights and Licensing.

If you are an organiser of a competition to which creative works such as photographs, paintings, etc., will be submitted and want to refer to a guide to setting terms and conditions for your competition read our Organisers Guide to the Bill of Rights.  Feel free to contact the Bill of Rights campaign for further information.

The Bill of Rights should be referred to for detailed information about what rights competition terms and conditions can and cannot claim.

Recommended competitions are published on the Rights On List.

Competitions to avoid are published on the Competition Notice List and the Rights Off List.

The Bill of Rights menus at the top of this page provides links to all the Bill of Rights Publications.

{/tabs}]]>
photo@gordon-c-harrison.co.uk (Gordon Harrison) Guides Tue, 09 Nov 2010 20:53:20 +0000