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

Taylor Wessing/National Portrait Gallery Photographic Portrait Prize

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

About This Organisation

 

Taylor Wessing Photographic Portrait Prize
organized by
National Portrait Gallery

About these Organisations

traffic-light-stopNational Portrait Gallery - Founded in 1856, the aim of the National Portrait Gallery, London is ‘to promote through the medium of portraits the appreciation and understanding of the men and women who have made and are making British history and culture, and ... to promote the appreciation and understanding of portraiture in all media’.

Taylor Wessing LLP - "a forward thinking international law firm for the industries of tomorrow"

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.

TaylorWessing/NPG Photographic Portrait Prize; closing date 07 07 2014

TaylorWessing/NPG Photographic Portrait Prize; closing date 07 07 2014

Taylor Wessing Photographic Portrait Prize

TERMS AND CONDITIONS

Edited for specifics:

  • the photographer or their representatives agree unconditionally that the National Portrait Gallery may reproduce any exhibited photographs for the purposes of marketing, promotion, discussion and education in direct connection with the Photographic Portrait Prize and exhibition, in all media worldwide including the exhibition catalogue and subsequent publications, posters, postcards, the Internet and within television documentaries, and may license these specific, limited rights to others only for the same purposes.The Gallery also reserves the right to reproduce selected images for core non–commercial purposes, for example in the Past Exhibitions page of the Gallery website, indefinitely, as a public record. The processes of the competition may be filmed, and entering the competition constitutes agreement for a portrait to be included in such filming, whether broadcast or not.
  • The winning photographer of the John Kobal New Work Award will be commissioned to create a new portrait for the National Portrait Gallery. The copyright of this newly commissioned portrait is to be assigned to the Gallery. This commissioned photograph will be submitted to the Gallery for approval of its inclusion in the National Portrait Gallery′s Photographs Collection.

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 are unclear about how your work will be used. Never submit works to a competition or appeal without knowing how the terms and conditions will affect your rights. See items 3 and 4 below for further details.

  2. "The winning photographer of the John Kobal New Work Award will be commissioned to create a new portrait for the National Portrait Gallery. The copyright of this newly commissioned portrait is to be assigned to the Gallery." Rules. Comment: These terms and conditions are claiming your copyright. You will no longer be the owner of your work, legal ownership will be transferred to the organisation. You will not be permitted to use or reproduce your work again without permission from the new owner.

  3. "The Gallery also reserves the right to reproduce selected images for core non–commercial purposes, for example in the Past Exhibitions page of the Gallery website, indefinitely, as a public record." Rules. Comment: The terms and conditions are granting the organiser unlimited use of your work forever. For non-winning 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. In this instance, "non-commercial purposes" is too loosely defined and subject to overly broad interpretation in the internet of today. A maximum of 5 yrs is more than fair, unless the non-winning entrants agree to a longer term. Also, it should be clarified that "public record" does not mean the image is then considered to be in the "public domain".

  4. Specifically, "the photographer … agree unconditionally that the National Portrait Gallery may reproduce any exhibited photographs for the purposes of marketing, promotion, discussion and education in direct connection with the Photographic Portrait Prize and exhibition, in all media worldwide including the exhibition catalogue and subsequent publications, posters, postcards, the Internet and within television documentaries, and may license these specific, limited rights to others only for the same purposes." (emphasis added) Rules. Comment: 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. In this case, in addition to violating the 5 yr limit on promoting items relating to the competition, the terms are unclear if works with be sublicensed to commercial entities. 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.

We have written to this organisation, submitted a link to this report and urged them to adjust the competition rules as set out in the ABoR Principles document.

SPONSORS

Taylor Wessing, LLP

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:

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 2014-05-10 10:50:56

 

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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