Arts Law has recently become aware of a competition with some unfavourable terms and conditions for artist entrants, and would like to inform artists of the consequences of these unfavourable terms and conditions so you can make a more informed decision about whether you wish to enter or not.
The competition is run by Australian Institute of Health and Welfare (AIHW) and is called the “Australia’s Health 2012 Art Competition”.
Arts Law is concerned that the terms asking that winning artists assign their copyright in their artwork entry, and winning entrants unnecessarily grant conditions are not a best practice standard for competitions of this type, and cause winning artist entrants to lose their copyright. We are also concerned that the terms say that elements of the winning work can be used. We see this as a potential moral rights problem and don’t want artists to be in a position where the work they have entered is changed or extracted from in any way. It is our view that if the work is to be used, it should be used under a licence only, and in full, ensuring that the artist is attributed as the author of the work.
To view the terms and conditions, please click here.
Arts Law have raised these concerned with AIHW, who have said that they are unwilling to change them. If you wish to provide your own feedback, or support our position please email Tulip Penny at AIWH on [email protected]
If you require advice about entering this competition, you could contact Arts Law using our online query form available at www.artslaw.com.au or call (02) 9356 2566.