Artists Bill of Rights In Support of Creative Rights
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ABoR Masthead 1069eb

Rights Off List

Future City | Glasgow

  • About This Organisation
  • About the Artists' Bill of Rights

About This Organisation

 

Future City | Glasgow

About this Organisation

traffic-light-stopFuture City | Glasgow is a program of the Glasgow City Council and TSB Future Cities Demonstrator Programme.

About this Report

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.

How this Organisation's Competitions or Appeals are Listed

How this Organisation's Competitions or Appeals are Listed

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.

CLICK HERE to see Future City Glasgow; closing date 02 March 2014

CLICK HERE to see Future City Glasgow; closing date 02 March 2014

OBJECTIONABLE TERMS AND CONDITIONS

"Under the updated terms and conditions, entrants are required to grant to GCC a non-exclusive, worldwide, perpetual, royalty free, irrevocable licence to use the images for the purposes of marketing, advertising, promotion or branding of GCC and/or the Future City | Glasgow programme in any of their publications, their websites and/or in any promotional material connected to this Competition."

"GCC are seeking a waiver of moral rights. This is in favour of GCC only i.e. you are not waiving your Moral Rights in all instances and these would be waived only in respect of GCC’s use of them in accordance with the terms and conditions."

"Further, given the volume of entries and the potential for future use of the images for GCC activities, GCC need to protect against the risk of action being taken for not attributing the images."

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. Commercial use of images is not allowed. Images used for any purpose other than to promote the competition are deemed commercial use, despite what organizers state. In other words, they are seeking free image use that they would normally be required to license. The organizer's desire to crop, color correct, retouch, and superimpose text on images further reinforces the notion that entrants' work will be used in a commercial nature for the promotion and branding of the City of Glasgow. That a government body is publishing the work does not entitle it to be exempt from a commercial use designation.

  2. The terms and conditions require you to waive your moral rights. This means you will not be able to object to how your work is used in future, such as it being altered in a manner you may find derogatory, or if it is used to promote a product or cause you find objectionable. You have also lost your right to be credited as the author of your work. We reject the organizer's claim that the work load to protect moral rights is too onerous for a government body to manage. Organizations with a far greater number of entries have no probem supporting full moral rights.

  3. 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.

  4. The terms and conditions are granting the organiser unlimited use of your work forever. For non-winning, short-listed works a usage time limit of 3 years or less should be set with usage limited solely to promoting the competition or appeal. It is permissable to use winning works forever but only in a permanent winners gallery with the sole purpose of promoting a recurring competition or appeal.

  5. 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. 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.

Feel free to write to this organisation, submit a link to this report and urged them to adjust any future competition rules to abide by the ABoR Principles document.

Judges

Michael Thomas Jones - Photographer
www.michaelthomasjones.com
www.designersjournal.net/photographers/
michael-thomas-jones

Simon Tricker - Future City | Glasgow Design
Lead
www.open.glasgow.gov.uk

Members of the Future City | Glasgow
Design and Engagement team

CONTACT

To write to the organiser and urge them to adopt the principles set out in the Artists' Bill of Rights use this this email address/contact form: 

The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.

Updated on 2014-04-27 20:24:21

 

About the Artists' Bill of Rights

 

The Artists' Bill of Rights principles 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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