CLICK HERE for L'Oréal Professionnel Colour Trophy UK Award 2012; ends 24 Feb 2012
TERMS AND CONDITIONS
This competition is aimed at hairdressing salons in the UK and the Republic of Ireland. It consists not only of the Colour Trophy Awards but also of the Mens Image Award, Mizano Afro Catwalk, Young Colourist Award and Tatler Award (ROI only). To compete for any of the awards salons are required to submit a photograph of a model with hair styled exclusively using L'Oréal products, dressed to demonstrate an "understanding of key catwalk trends", make up to be "professional and flawless", and the overall look "should exhibit a high fashion editorial magazine shoot".
Judges will use the submitted photographs to select 35 entrants to go through to the regional finals. The L'Oréal website offers no guidance to the hairdressing salons who enter this contest about the creation of the photographs. The salon is free to create their own photographs or to commission a professional photographer to create it for them. Given the exacting standards required of salons' photographs it is likely that many will decide to use a professional photographer to create the images required.
Each of the L'Oréal awards have their own set of terms and conditions but all are identical in respect of the rights that must be granted to L'Oréal regarding the photos submitted - see the third italicised paragraph below. The italicised paragraphs below are extracts of only those terms and conditions of the L'Oréal Professionnel Colour Trophy UK Award 2012 that specifically refer to photographs.
Entrants must either send to L'Oréal Professionnel Colour Trophy, 2nd Floor, 255 Hammersmith Road London W6 8AZ a colour 10"x8" photo of their female model fulfilling the brief above or upload their entry photo (min size 3MB or 300dpi) onto www.lorealcolourtrophy.com. This may be a head or full-length shot. Entrants must enter a photo that is no more than one year old.
Entrants are not required to submit on entry, but will be required to bring (if they reach the regional or grand final stages) a photo of their live model prior to colour application.
Entrants grant L'Oréal (UK) Limited with a transferable, exclusive, worldwide, royalty free and perpetual license in all copyright, moral or other rights under the Copyright, Design and Patents Act 1988 to use the photos and any materials, videos and images generated during the L'Oréal Professionnel Colour Trophy competition (whether they proceed to the Regional Final and Grand Final or not) for any purpose whatsoever (including without limitation, use on L'Oréal Professionnel websites, facebook pages and blogs, promotion of the Colour Trophy event, PR content print and online, editorial, advertising and advertorial content, trade press and 2012/2013 competition promotion print and online and educational or internal purposes etc).
The judges will need to select thirty five entrants for each region to go through to the Regional Final stage based on the photographic entry criteria outlined
The photograph must demonstrate the ability to construct a fantastic editorial inspired Autumn Winter total look
The photograph must demonstrate an awareness of Autumn/Winter 2012/2013 trends and modern hairdressing techniques
The photograph must demonstrate the capability of putting together a great look in front of a camera
Note that if the salon chooses to commission a professional photographer L'Oréal give no advice to the hairdressing salon that they should show the photographer a copy of the rights that L'Oréal demand and that, to protect the salon/L'Oréal from legal action for copyright infringement, they must have a signed license from the photographer agreeing to these terms.
HOW THESE TERMS AND CONDITIONS WILL AFFECT THE PHOTOGRAPHER
The following notes explain how the above terms and conditions affect your rights should you sign a license agreeing to L'Oréal T&Cs in respect of any photos taken by you for a salon to submit to the UK L'Oréal awards.
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The terms and conditions claim exclusive use of your work. Although you will still be the copyright holder you will not be able to use your work again without permission.
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The terms and conditions refer to moral rights. It is not clear whether or not the language used by L'Oréal T&Cs is intended to mean that your moral rights are to be waived. We suspect not in that the word 'waive' is not used, however, there is a lack of clarity in this rule and you should ask the salon to obtain from L'Oréal a written statement making clear their intent with regard to moral rights.
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The terms and conditions do not state you will always be credited when your work is reproduced.
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The terms and conditions are granting the organiser unlimited use of your work for ever. Yet there is no guidance given to the salon to ask you to agree in writing to the license that L'Oréal is demanding.
Salons entering this competition and submitting photographs created by a commissioned photographer, but without obtaining a license from the photographer agreeing to all the L'Oréal terms and conditions, could find themselves at the centre of a legal action concerning infringement of the photographer's copyright. A legal action the photographer would win. The risk taken by a salon in agreeing to the L'Oréal terms and conditions without a license from the photographer is simply not worth it.
If you are approached by a salon to take photographs of a model we advise you to ask if the photos will be submitted to the L'Oréal 2012 Awards. If this is the case explain to the salon that as the copyright holder in any work you create you cannot accept the L'Oréal 2012 Awards terms and conditions; that the salon should request L'Oréal's legal people to get in touch with you to a) agree an appropriate license setting out the permitted use by L'Oréal of any photographs you create for the salon and b) the fees for such use. Fees for exclusive perpetual worldwide rights are not insignificant. You should also explain to the salon that L'Oréal's terms and conditions will prevent the salon from using the photos in publicity, that L'Oréal demand exclusive use.
If you, unaware of the salon's intended use of the photographs at the time of the shoot, subsequently discover the work you shot for the salon has been submitted to the L'Oréal 2012 Awards, you must contact your legal advisor immediately to issue a notice to both the salon and L'Oréal that your photographs must not be used without a license agreed by you. If your photographs were to be used, in such a circumstance neither L'Oréal or the salon would have a position to defend in the eyes of the law in the absence of a license agreed in writing from you; your copyright would have been infringed.
For further guidance please read the Artists' Bill of Rights.
We have written to L'Oréal and submitted a link to this report.
SPONSORS
None listed
CONTACT
Complain to the organiser, refer them to this report, recommend they provide salon's with a L'Oréal contact for commissioned photographers to negotiate a license with, and that L'Oréal adopt the principles set out in the Artists' Bill of Rights. Contact the following;
Chantel Stephen in the L'Oréal Professionnel Colour Trophy Press Office Tel: 020 8762 4733 Email:
Also copy your complaint for the attention of Sara Ravella, Managing Director, L'Oréal UK Corporate Communications at
The L'Oréal awards are also promoted on Twitter at @COLOURTROPHY and on Facebook.
If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser, however it is always far more effective to use your own words to express your thoughts about the issues raised here.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
Updated on 30/01/2012
