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The Bill of Rights for Photographers
Article Index
The Bill of Rights for Photographers
The Bill of Rights Conditions
Notification Letters
Bill of Rights can be freely used

The Bill of Rights Conditions

Note that if a competition's rules fail to meet all the provisions set out in any one Bill of Right condition, the competition rules will be deemed to have failed that Bill of Right condition.

 

1 Copyright & Moral Rights

Entrants will retain copyright and moral rights in their images. Terms and conditions of competitions must not require photographers entering them to assign their copyright to another party, nor must it be a condition of entry that the photographers moral rights be waived.

Moral rights are to be respected, i.e. the rules should state that images used and published will always be credited to the photographer, that credit taking the usual form of the copyright notice, i.e . © year name 

If at any stage of a competition an entrant may be asked to sign one or more documents, replicas of all such documents must be fully displayed on the competition website terms and conditions or rules page.

2 Restricted Usage

The sponsor/organiser will only acquire limited usage rights for submitted images to any one competition. Limited usage rights means they must be non exclusive, and usage is restricted solely to promoting the specfic competition the images were submitted to, or future competitions where that competition is a recurring one, such usage being restricted to a period of two years from the date on which the prize winners are announced for the competition that the images concerned were submitted to.

Certain very limited exceptions to relaxing the two year rule may be granted on a case by case basis with regard to prize winning images only, but only for non-commercial usage, usage solely and exclusively to promote the competition. Some of the exceptional factors considered include the prestige of the competition in the photographic world, the distinction and honour accruing to those contributing winning images through exhibitions and specialised peer reviews, and technical specialism's that may be required to enter the contest.

Competition rules which do not state that the images will be used to solely and exclusively promote the competition will be deemed to be using the images for other purposes, and such other purposes will be deemed commercial usage.

There must be a clear statement of the manner in which the submitted entries will be used by the organiser and sponsors. Competitions which have no statements about how images will be used, or statements which are unclear about the extent of image usage will be deemed to have failed this condition.

3 Commercial Usage

An acceptable commercial usage is the production of a book or catalogue for a specific contest displaying images entered to that contest, along with a credit for each image published in the book or catalogue. Such commercial usage will not fail this Bill of Rights condition.

The rules of the competition must be explicit and state one of the following -

  • that images submitted to the competition will not be used in commercial products nor licensed commercially, OR
  • that any commercial opportunities that arise will notified to the photographer who will be free to negotiate terms independent of the competition, OR
  • that images will be used in commercial products or licensed commercially with reference to the competition and that each such usage will be subject to a specific rights managed license not exceeding two years usage with the photographer concerned.

For the purposes of clarification any usage that is not directly, solely, and exclusively to promoting the competition will be deemed commercial usage. For example including the images in adverts for sponsor/organiser products, or reproduced on sponsor/organiser products, or on material contained within or on sponsor/organiser product packaging is deemed commercial usage.

The rules must also state that an entrant to the competition may decline any license agreements put to them, AND that such action will not affect their chances of being chosen as a winning entry. 

4 Declarations

Competitions should provide brief biographical information about the judges who will judge the contest.

Competitions should list all sponsors, affiliates and subsidiaries. 

5 End Date within 16 months of Announcement Date

The competition must have a specified date on which prizes will be awarded, and that date must not be more than 16 months beyond the date upon which the competition details are first made public. This condition is to prevent free usage for submitted images extending over years simply because an end date for the competition has been set more than 16 months into the future.

 

The Rights Off List

When a competition is placed on this list the following graphics are used to indicate which Bill Of Rights Conditions the competitions rules have failed to meet;

Failed Conditions 1 & 2 The rules failed to meet conditions 1 and 2

 

Failed conditions 2, 3 & 5 The rules failed to meet conditions 2, 3 and 5.

Do not think that the more conditions a competition fails the worse it is. Failing any one condition is viewed by Pro-Imaging as extremely serious. We have set out five conditions because competition organisers use a variety of methods to acquire rights, and we need conditions that target each of these methods.

Click Next > > to see the notification letters we send to competition organisers and sponsors. 



 
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