PQ Blackwell, #New Zealand

Photo competitions and image appeals are notified to us by our contributors from around the world. Listed below are some photo competitions or image appeals promoted by the above organisation which have not met the standards set out in the Bill of Rights.

If the terms and conditions of a contest or appeal fail to meet the standards set out in the Bill of Rights the organisation is added to the Rights Off List and a report such as this produced. We have listed in this report the terms and conditions which failed the Bill of Rights to help the organiser carry out a review. The extracted terms and conditions are shown below in italics.

For advice on why failing to meet the standards set out in the Bill of Rights is a serious issue please read this article.

If at some future date a competition organiser decides to join the Bill of Rights Supporters Group, thus ensuring that all their contests will comply with the Bill of Rights, Rights Off reports for that organisation will be unpublished.

The purpose of the Bill of Rights Campaign is to provide education to the public about the value of rights and to encourage photography competition organisers to adopt the ethical practices set out in the Bill of Rights.

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Fresh Milk Competition

Closing Date 31 December 2008

RULES

"Copyright

Copyright in all images submitted to the competition, including winning entries, will remain with the photographer.

Use of Images

M.I.L.K. intends to publish the 150 winning images in a new book entitled Fresh M.I.L.K: Friendship, Family, Lovers & Laughter and on selected licensed products. Images may also be used for the purposes of reviewing and promoting the book's publication, and to promote the licensed products.

Licensing Agreement

Photographers will be required to sign a 10 year non-exclusive licence for the use of their image in book publications, licensed products and associated promotional use. The license will only be valid for the 150 images selected as winners. Entry into the Fresh M.I.L.K. competition will be deemed acceptance of the terms and conditions detailed in the Licensing Agreement and by entering the competition the entrant signals his or her intent to sign the Licensing Agreement should their image or images be selected as a General Prize winner

Click here to download a PDF of the Licensing Agreement

The License Agreement

Listed below is an extract from the licensing Agreement

"1. NON-EXCLUSIVE LICENCE

1.1 The Photographer grants to M.I.L.K. Licensing the non-exclusive licence to:

a) reproduce, publish, sell, reproduce and otherwise use the Image in all forms (and to license third parties to do likewise) world-wide in the Book Work tentatively entitled “Fresh M.I.L.K.: Families, Friends, Lovers & Laughter” and all subsequent Book Works and editions based on the Fresh M.I.L.K. Collection;

b) reproduce, publish, sell, reproduce and otherwise use the Image in all forms (and to license third parties to do likewise) world-wide on Licensed Products; and

c) use the Image in exhibitions or promotions world-wide in relation to the Fresh M.I.L.K. Collection for a period of ten (10) years from the Commencement Date.

1.2 The Image may be accompanied by a caption or captions deemed suitable by M.I.L.K. Licensing in its sole discretion.

2. FEES AND ROYALTIES

2.1 Within thirty (30) days of the Commencement Date or within thirty (30) days of M.I.L.K. Licensing receiving this Agreement duly executed by the Photographer (whichever is the later), M.I.L.K. Licensing will pay to the Photographer a once-only fee of US$500 in consideration of the right to use the Image in all Book Works and Licensed Products in all editions and in all languages, throughout the Territory.

2.2 A royalty of ten percent (10%) of M.I.L.K. Licensing’s Net Sales Revenue for all Books Works and of all Licensing Income in respect of the Fresh M.I.L.K. Collection received by M.I.L.K. Licensing from sales of Book Works and of royalties received for Licensed Goods for the term of this Agreement will form a royalty pool (“the Royalty Pool”). This Royalty Pool will be shared equally by those Photographers whose Images(s) are included in the Book Works or Licensed Goods. M.I.L.K. Licensing will pay the Photographer’s share of the Royalty Pool to the Photographer annually on 1 June covering the previous 12-month period ending 31 March, and at the same time will provide the Photographer with a summary of relevant income receipts.

2.3 M.I.L.K. Licensing will deduct from payments made to the Photographer any withholding or other tax required to be deducted under New Zealand law and will provide a tax deduction certificate for possible use by the Photographer in her/his country of residence."

The web site where the images are licensed can be seen here.

SPONSORS

None listed

CONTACT 

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , mark your email for the attention of Geoff Blackwell, the founder of the company.

You can help the Bill of Rights campaign by complaining to the organiser urging them to change their terms and conditions.  If time is at a premium for you we have prepared a complaint email which you can copy and send to the organiser.

The Bill of Rights campaign depends on your active support, your help will make a difference.

Updated on 25 October 2008

The Bill of Rights Standards for Photography Competitions

Competitions which meet all the standards set out in the Bill of Rights do not do any of the following -

We have written an Organisers Guide to the Bill of Rights to help organisers draft terms and conditions that respect the rights of entrants and at the same time provide legal protection for the organiser.

© Bill of Rights Supporters Group

The above text may be reproduced providing a link is given to the Bill of Rights For Photography Competitions.

Any text reproduced above in italics has been extracted from a competition website for the purposes of review.

Organisations who would like to be promoted as a Bill of Rights Supporter and have their competitions promoted on the Rights On List can use this contact form. One of the campaign team will get in touch with you.