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

Shutterstock, USA

 

  • About This Organisation
  • About Their Competitions/Appeals
  • Failing the Bill of Rights

About This Organisation

 

 Shutterstock

About this Organisation

Shutterstock is a microstock photographywebsite which maintains a library of royalty-free stock images available by subscription. Visitors can browse the entire image library for free, and can license and download images online through a variety of subscription offers. 

On September 23, 2009, Shutterstock announced that it had purchased rival site Bigstock, effectively entering the credit-based stock image marketplace.  CC Wikipedia

About this Report

traffic-light-stopCompetitions 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. 

A copy of this report was submitted to the organisation to help them review and change their terms and conditions. We also took the opportunity to invite them to join the Bill of Rights Supporters' Group. This would have enabled them to enjoy the benefits of being a member of a group which supports and respects others' intellectual property rights. Unfortunately the negotiations did not conclude successfully.

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.

About Their Competitions/Appeals

 

How this Organisation's Competitions or Appeals are Listed

How this Organisation's Competitions or Appeals are Listed

How to Use this Tab

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.

Shutterstock's 2010 Photo Safari Contest; closing date 12 May 2010

Shutterstock's 2010 Photo Safari Contest; closing date 12 May 2010

 

Shutterstock's 2010 Photo Safari Contest

TERMS AND CONDITIONS

3d. As a condition of entry, Contest Participants irrevocably grant to Sponsor, Co-sponsors and their affiliates, legal representatives, assigns, agents and licensees a worldwide, royalty-free, non-exclusive, sublicensable, unconditional and transferable right and license for up to 24 months following the Promotion Period to:

3e. Contest Participants irrevocably forfeit rights of privacy, intellectual property rights or other legal rights that would preclude Sponsor or affiliates from using the submitted image for promotional purposes only. Participant agrees that he / she will never sue or assert any claim against the Sponsor’s use of the submitted image, provided that such use does not violate the terms hereof.

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 with the exception of paragraph 3e are fair and comply with the Bill of Rights.

  2. Unfortunately paragraph 3e appears to deny you your moral rights. That is, your work can be modified and adapted as per para 3d)i) and paragraph 3e) requires you to forfeit any rights you may have to object to the treatment of your work.  To promote a competition it should be unecessary to modify your work in any way that you would find objectionable. A competition should just present your work as submitted; in doing so an organiser need have no fear that you will exercise your moral rights and a clause such as 3e) would be unecessary.

We discussed our concerns with Shutterstock. They indicated that paragraph 3e) was just a standard form of words they used in competition terms and conditions and may reveiew them in future competitions. For further guidance please read the Bill of Rights for Artists.

SPONSORS

#B&H  #ZOZI (ekoVenture, Inc.)

CONTACT

Contact the organiser using this email address

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 you can use the free image 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 24th April 2010

 

Failing the Bill of Rights


 

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