Pro-Imaging

Microsoft; Ford Fiesta Art Competition ends 30 November 2008

The Rules of this Contest

Listed below are extracts from the rules of this competition. These extracts detail the rights being claimed from entrants.

"11)  Microsoft does not claim ownership of any Artwork Entry and Entrants retain all copyright and moral rights in their Artwork Entry.  However for the purposes of the Competition, fulfilment of the Artwork Competition Prize and promotional purposes connected solely and exclusively with the Competition, Entrants grant to Microsoft and the entities professionally involved in this Competition (including without limitation Ford Motor Company Limited and News International Newspapers Limited) the worldwide, non-exclusive, royalty-free right to make copies, reproduce, modify for presentational or formatting purpose, distribute, publish, promote or otherwise use the Artwork Entry in all media until 31 December 2009 (upon such date the licence granted by the Entrant pursuant to this Paragraph 9 shall expire).  The Promoter and Ford Motor Company Limited agree to credit the Artwork Entry as the Entrant’s work in all commercial usage of such Artwork Entry.   Entrants agree to their name being used in this manner.  Any commercial opportunities which arise in respect of the Artwork Entry excluding those connected with the Competition only will be notified to the Entrant who will be free to negotiate terms independently."

"17) The Artwork Competition Winner will win £2,000 worth of Eyestorm vouchers (www.eyestorm.com) and have their Artwork Entry published in the Sunday Times Style Magazine and may be included in a television advertisement for the Ford Fiesta This Is Now campaign (the “Artwork Competition Prize”). No cash alternative is available.  Microsoft will not pay any Entrant for the use of their Artwork Entry in relation to this Competition."

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
• Pass, 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

• Pass, The organisers free usage is time limited as per The Bill of Rights
  
• Pass, The sponsors free usage is time limited as per The Bill of Rights
• N/A, Book usage is time limited as per The Bill of Rights
  
• Pass, free usage only promotes the contest or is used for a book 

3 Commercial Usage Rights Claimed

• Pass, A statement clarifying the commercial usage position is present as per The Bill of Rights
• Exempt, 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 meets every requirement of the The Bill of Rights.

Note that the overall winning artwork will be featured in a Ford Fiesta TV campaign. Pro-Imaging took the view that although this is commercial usage it is potentially of great benefit to the creator in this case.

The factors taken into account in reaching this conclusion were, the work is credited to its creator in the campaign, being chosen for this campaign is deemed part of the prize,  it only applies to one image, and that such high profile exposure is potentially of great benefit to the creator of the work.

This contest is recommended.

### 

Organisations - Microsoft Limited, Ford Motor Company Ltd, News International Newspapers Ltd

Judges - The weekly winners will be chosen by the MSN editor of Life & Style. The overall artwork competition winner will be chosen from the best weekly entries by Martin Pearson, Creative Director of Times Media.

Contact - Send enquiries about this contest to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and mark all enquiries 'Ford Fiesta Art Competition'.

© 2008 Pro-Imaging; Last updated on 25 September 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.