|
Philadelphia; First Person Arts’ Impressions Competition ends 15 August 2008 UPDATE 5 Aug. 2008
Pro-Imaging are assured by First Person Arts that the rights claimed by their rules are not in fact exercised. For legal reasons First Person Arts cannot change the rules for this year but indicated that next years contest rules will be revised to comply with the Bill of Rights. Unfortunately we can only report on rules as stated on the contest website, however we welcome First Person Arts statement of intent. If you wish to enter this contest but have any concern about rights you can use the contact point noted below to receive any assurances you wish. We look forward to being in a position to promote this contest next year on the Rights On List. The Rules of this Contest Listed below are extracts from the rules of this competition. These extracts detail the rights being claimed from entrants.
"7. FIRST PUBLICATION AND LICENSE. By entering this Contest, in the event you are named a winner, you hereby grant to First Person Arts the exclusive right of first publication of your entry, and thereafter a perpetual non-exclusive royalty-free license for First Person Arts to publish, sell, perform, exhibit, transmit, and distribute your entry in any media or format worldwide. You also grant to First Person the right to use your name and/or likeness for promotion and/or advertising purposes in any manner and in any medium (including without limitation, radio broadcasts, newspapers and other publications and in television or film releases, slides, videotape, distribution over the internet and picture data storage) which First Person Arts may deem appropriate." Results of Testing the Rules Listed below are the results of the tests we carried out on this competition's rules. The tests are all based on the standards set out in The Bill of Rights. By adopting these standards competition organisers can create competition rules that meet the needs of organisers and are fair and respectful to the rights of entrants. For each test a result is given which can be Pass of Fail. Competitions that pass all these tests go on The Rights On List, those that don't go on The Rights Off List. If the rules are vague and we cannot determine whether the rules pass a particular test or not the result is shown as Unclear. Where a test is not necessary the result is shown as N/A. Click on any result below for more information about that specific test. 1 Copyright & Moral Rights - Pass, All photographers entering the contest retain their copyright
- Pass, The contest does not require any entrants to waive moral rights
- Fail, Rules state a credit is always given to the photographer when the image is published
- Pass, All the documents that must be completed by each entrant to participate in or win a contest are shown
2 Free Usage Durations Claimed
3 Commercial Usage Rights Claimed - Pass, A statement clarifying the commercial usage position is present as per The Bill of Rights
- Fail, Commercial usage is rights managed & time limited as per The Bill of Rights
- Pass, Entrants are not required to sign commercial usage licenses
4 Declarations
- Pass, The organisations that acquire rights are all named
- Pass, This (or last) years Judges are named along with brief bio details
5 Contest End Date - Pass, The contest end date is within 16 months of the contest being announced
Conclusions This contest fails The Bill of Rights because - - There is no statement limiting the duration of free usage as per The Bill of Rights
- Commercial usage can be made of the photos but there is no time limited rights managed agreement to license and limit such usage
- The rules do not state that the photos will always be credited
If you submit an image to this contest, although you can continue to license your image non-exclusively, you will lose forever the right to exclusively license your image. However, First Person Arts have gained the right to use all submitted images for ever in any medium they choose. Note that First Person Arts grant them selves the right to profit from the winners images by selling them, and the photographer does not benefit from such sales. We are unable to recommend this competition, but please note the update below. UPDATE 5 Aug. 2008 Pro-Imaging are assured by First Person Arts that the rights claimed by their rules are not in fact exercised. For legal reasons First Person Arts cannot change the rules for this year but indicated that next years contest rules will be revised to comply with the Bill of Rights. Unfortunately we can only report on rules as stated on the contest website, however we welcome First Person Arts statement of intent. If you wish to enter this contest but have any concern about rights you can use the contact point noted below to receive any assurances you wish. We look forward to being in a position to promote this contest next year on the Rights On List. ### Organisations - First Person Arts, Smith Magazine, The Photo Review, Philadelphia City Paper, Quirk Books Judges - Documentary Video:
Photography:
Short memoir:
Contact - Send enquiries about this contest to Andrew Schwalm, Communications and Marketing Coordinator, at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
© 2008 Pro-Imaging; Last updated on 5 August 2008
The above text may be reproduced providing the Pro-Imaging copyright notice is displayed with a link to the Pro-Imaging website. Text reproduced above in quotes has been extracted from the competition website for the purposes of review in this report. NB. If the competition rules are changed after updated date shown above it is the competition organisers responsibility to notify Pro-Imaging of changes made.
|
