CLICK HERE to see Istanbul Photo Awards 2017; closing date 31 Jan 2017
TERMS AND CONDITIONS
Note: The following are the original published terms. Please see the competition site for the current, revised terms.
The following terms demonstrate how contest organizers either do not read their terms and understand them, or that they do fully understand them and wish to provide contradictory language in order to confuse the entrant while seeking overly broad rights that are not necessary for the scope of the competition.
We feel these organizers have honorable intentions but simply do not understand how to ask for the rights they need, and no more. However, one has to accept the terms as they are written.
The terms refer to Turkey's Law 5846 on Intellectual and Artistic Works (LIAW) and can be viewed here:
http://www.wipo.int/wipolex/en/text.jsp?file_id=246493
Note that even though the terms state that "all photographs displayed in the website belongs to the copyright owners", the "copyright owners" are "transferring" (sometimes exclusively) all rights to the organizer to use as they wish, without limitation.
We highlighted where we think it important to note, but suggest you read the entire section below.
(And note that any disputes must be settled by the courts in Ankara, Turkey.)
Article 4. The Duration of the Agreement
This agreement shall be in force from the date of submitting of the photographs by Photographer and end (i) by the decision given by the Jury or (i) by delivering the prices to the Photographer if Photographer wins the prize. Although the term of this agreement ends, Photographer shall accept and agree that AA and Website shall have right of adaptation, right of reproduction, right of performance, right to communicate a work to public by devices enabling the transmission of signs, sounds and/or images including the digital transmission as well as the right to communicate the photographs to public by providing access to it at a time and place chosen by third parties, related to the photographs and other rights designated in this agreement without any limitation regarding location, number and content, and within the protection term set forth by the Law in force at the time of the signing of this agreement.
Article 7. The Rights of the Anadolu Agency
7.1 Photographer agrees and undertakes to transfer exclusively to AA the “Right of adaptation” set out in article 21 of Law no 5846 on Intellectual and Artistic Works (LIAW), “Right of reproduction” set out in article 22, “Right of distribution” set out in article 23, “Right of Performance” set out in article 24 and “Right to communicate a work to public by devices enabling the transmission of signs, sounds and/or images including the digital transmission as well as the right to communicate the photographs to public by providing access to it at a time and place chosen by third parties” set out in article 25, related to the photographs and other rights designated in this agreement without any limitation regarding location, number and content, and within the protection term set forth by the Law in force at the time of the signing of this agreement.
7.2 …Photographer agrees that ten thousand copies of the photographs subject to printing will be printed; there will be no limitation in terms of copies. AA may reproduce and publish the photographs in physical media. Again AA, may reproduce and publish the photographs in physical media, it may also publish and reproduce the photographs temporarily or permanently pursuant to article 7.1 of this agreement in computer environment, cellular phone, DVD, VCD, CD, MP3, video (VHS, Betacam, digital), means for sign, sound and/or image transmission, Ipad, including without limitation IPhone and similar smart devices, cellular phones and other mobile environment where the mobile technology is used as well as known environments and other environments which are not known yet…
7.3 Right of distribution: within the scope of article 23 of LIAW and not limited with those mentioned in this article; photographer agrees that AA may publish, rent, lend to public, sell, distribute, donate, offer to the market, rent, put up in e-commerce, and publish the photographs by all physical and electronic publishing and other means such as e-book, z-book and digital book within the scope of article 7.1 of this agreement.
7.4 Right of Performance: within the scope of article 24 of LIAW and not limited with those mentioned in this article, photographer, agrees and undertakes to transfer and assign the right and authority to perform directly or indirectly pursuant to article 7.1 of this agreement.
7.6 Right of adaptation: within the scope of article 21 of LIAW and not limited with those mentioned in this article, photographer, agrees and undertakes to transfer and assign to AA his/her right and authority to exploit the photographs by adapting it to AA pursuant to article 7.1 of this agreement. In this context photographer, accepts and undertakes to transfer the authority and right to exploit the photographs to AA through translation to all languages and dialects, turning into movie and works such as music, cinema, opera and theatre play or use the photographs with these; turning it into all kinds of periodical or non-periodical publications, book, magazine, audio and/or video book (e-book, z-book), complete works, compilation, using a part of the photographs in a magazine or similar media, levelling, adapting according to different age groups, summarizing, adding to a database. Photographer accepts and undertakes that AA can use in the photographs, items concerning visual elements of software with any with any software developer it wishes and/or other works. Photographer accepts and undertakes that the right to exploit the photographs in question through almanac, collection or similar ways belongs to AA within the scope of article 7.1.
7.7 Photographer agrees and undertakes to transfer to AA within the scope of article 7.1, all editorial rights such as but not limited to rights transferred or licensed by AA to be used by third parties in all media, written press and product packages related to the work or all advertising materials and in virtual environment and advertising rights concerning the use of the work for advertising and promotion purposes, rights for product placement to the photographs, merchandising rights, format rights.
7.8 Photographer undertakes, declares and agrees that the rights designated in this agreement that he/she undertakes to transfer to AA, are deemed to be transferred when the photographs are delivered to AA without need to conclude any other act or transaction and that he/she will provide a financial right transfer statement when deemed necessary.
7.9 Moral Rights: shall remain on Photographer. However AA, shall have the right to use the moral rights within the scope of financial rights which will be transferred to AA. In this respect AA may use “the authority to disclose the work to the public” set out in article 14 of LIAW, “authority to designate the name” set out in article 15, “prohibition of modification” set out in article 16, “right of the author which against persons who own or possess a work” set out in article 17 and may claim these against third parties.
12.2 All Photographs displayed in this website belongs to the copyright owners.
12.4 No content may be copied, distributed or used in any kind without authorization from the copyright owners.
14.1 This agreement shall be governed by and construed and enforced in accordance with the Turkish Law.
14.2 The parties irrevocably agree that the courts and enforcement offices of Ankara (TURKEY) are to have exclusive jurisdiction for the purpose of hearing and determining any suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this agreement.
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.
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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.
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The terms and conditions claim exclusive use of your work, in part. Although you will still be the copyright holder you may not be able to use your work again without permission. Competitions or appeals only require non-exclusive use of your work.
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It appears the terms and conditions require you to effectively 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.
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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.
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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, particularly our Bill of Rights Principles.
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
Republic of Turkey Promotion Fund, Turkish Airlines, Republic of Turkey Prime Ministry (TIKA)
CONTACT
To contact the organiser and urge them to adopt the principles set out in the Artists' Bill of Rights use this this contact form: http://istanbulphotoawards.com/Contact.aspx
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
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