{tab=About This Competition}
Rights Have Value
You have a legal right to control that value.
If your creative work is solicited to promote a project (NEVER call it "CONTENT"!), you have the right to refuse permission or to negotiate fair terms of use, including a usage fee and a term limit, for each specific use of your work. More information about intellectual property rights and their value to you can be read in our Guide to Rights & Licensing.
New Scientist Photography Awards 2021
(closing 31 July 2021)
6. …if you have submitted an entry and in consideration of the Promoter granting a right to enter the Competition, entrants agree to grant the Promoter a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and exercise all copyright and publicity rights with respect to any materials contained in the entry (including but not limited to text, the entry photograph, images or video materials) (the “Materials”) worldwide and/or to incorporate the Materials in other works in any media now known or later developed for the full term of any rights that may exist in the Materials. By submitting an entry, entrants also agree to grant the Promoter a perpetual, royalty-free, non-exclusive, sub-licensable, worldwide right and licence to use the entry photograph for commercial purposes (including but not limited to use in a New Scientist 2022 Calendar and puzzle to be sold at New Scientist’s online shop).
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The following notes explain how the above terms and conditions affect your rights in respect of any works you submit to the above competition or appeal.
- The terms and conditions are granting the organiser unlimited, commercial use of your work forever and you have forfeited your right as to how it is used. For non-winning works a usage time limit of 3 years or less should be set with usage limited solely to promoting the competition or appeal. (It is permissable to use winning works w/o time limit but only in a permanent winners gallery on the competition website with the sole purpose of promoting a recurring competition or appeal.)
-
The terms and conditions also mean you will be waiving your moral rights. You will not be able to object to how your work is used in future, such as it being altered in a manner you may find derogatory, or if it is used to promote a product or cause you find objectionable. You have also lost your right to be credited as the author of your work.
-
The terms and conditions do not state you will always be credited when your work is reproduced. One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced.
-
The terms and conditions grant the organiser the right to use your work beyond that needed to promote the competition or appeal. Your work will be used for other purposes. Usage of your work should be restricted solely to promoting the competition or appeal. If the organisation wishes to use your work for any other purpose they should negotiate with you independently of the competition. You should have the right to negotiate an appropriate fee for the specific use they want to make of your work and to set a time limit on such use. You should also have the right to refuse use of your work. For further information on fees and licensing refer to the Introduction to Rights and Licensing.
For further guidance please read the Bill of Rights for Artists, particularly our Bill of Rights Principles.
SPREAD THE WORD
By using social media you can be most effective in urging New Scientist to adopt the principles set out in the Artists' Bill of Rights. Look for and share our posts on Twitter and Facebook and go to the organizers' SM pages, as well, to express your opinion.
The Artists' Bill of Rights campaign depends on your active support, your help will make a difference.
{tab=About the Artists' Bill of Rights}
The Artists' Bill of Rights principles for Creative Competitions
Competitions which meet all the standards set out in the Bill of Rights For Artists DO NOT do any of the following -
- claim copyright
- claim exclusive use
- seek waiving of moral rights
- fail to give a credit for all free usage
- add, alter, or remove metadata from submissions
- seek usage rights other than for promoting the contest and no other purpose. Note that a book, posters, cards, or a calendar are seen as legitimate ways of promoting the contest and defraying costs
- seek free usage rights in excess of 3 years
- use the submissions commercially without the entrant's agreement, and such commercial usage is to be subject to a freely negotiated license independently of the competition.
- make it a condition of winning that an entrant must sign a commercial usage agreement
- fail to publish all documents on the competition website that an entrant may have to sign
- fail to name the judges for this or last year's competition
- fail to explicitly state all the organisations who will acquire rights to the submissions
- set a closing date more than 18 months after the contest launch date
- fail to make clear statements of rights claimed and how submissions are used
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.
© Artists Bill of Rights
The above text may be reproduced providing a link is given to the Bill of Rights For Artists.
Any text reproduced in italics in this report has been extracted from a competition or appeal 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. We look forward to hearing from you.
{/tabs}
