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Bill of Rights Condition 3

 Rules Have a Statement Clarifying Commercial Usage

In the Bill of Rights one of the requirements is that the rules clearly state whether commercial usage of the images takes place or not. Note that free usage is solely and exclusively to promote the contest and for a book. All other usages will be deemed commercial usage. Competition rules tend on the whole to be shy about declaring their intended image use, especially usage that is commercial.

There is nothing wrong with making commercial use of images submitted to a competition providing a non-exclusive rights managed agreement of less than 5 years duration is agreed with the photographer. 

The Bill of Rights requires a rule that states one of the following -

  • that images submitted to the competition will not be used in commercial products or merchandise 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 non-exclusive rights managed license not exceeding five years usage at a fee freely negotiated with the photographer concerned.

Failing to make the commercial usage position clear results in the contest failing the Bill of Rights.

 
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