16 July

Competitions closing in August are rated out of 5 stars

Arts Law has checked the terms of 16 competitions closing in August 2013 and rated each of them out of 5 stars.

3 competitions were awarded 3 / 5 stars for fairness to entrants.  Under these competition terms and conditions, all entrants provide the competition organisers with a non-exclusive licence to reproduce their work for the promotion of that competition only for an unlimited period of time.  To receive 5 / 5 stars, these licences should a) be limited to finalists/exhibitors only, b) be limited in duration e.g. 2 years, and c) ensure compliance with artists moral rights i.e. positive intention to attribute!:

  • Channel Country Photography Competition – closing 23 August 2013
  • Victorian Indigenous Art Awards 2013 – closing 31 August 2013
  • Lord Mayor's Creative Writing Awards 2013 – closing 31 August 2013

12 competitions received 2 / 5 stars for fairness to entrants.  The terms of these competitions ask all entrants to grant competition organisers a non-exclusive licence to reproduce their work for broad purposes beyond the competition for an unlimited period of time.  Best practice would be for these licences to a) be limited to finalists/exhibitors only, b) be limited to uses associated with the competition, c) be limited in duration e.g. 2 years, and d) ensure compliance with artists moral rights:

  • Lloyd Rees Memorial Youth Art Awards 2013 – closing 1 August 2013
  • Sculpture by the Sea Cottesloe – closing 2 August 2013
  • Jacaranda Acquisitive Drawing Award – closing 3 August 2013
  • Wine Trail Impressions' Artistic Competition – closing 9 August 2013
  • Manning Art Prize 2013 – closing 9 August 2013
  • The 2013 Banyule Award for Works on Paper – closing 14 August 2013
  • Rick Amor Self Portrait Prize – closing 16 August 2013
  • BHP Billiton Cannington Waltzing Matilda Photographic Competition – closing 16 August 2013
  • Eutick Memorial Still Life Award – closing 23 August 2013
  • My Video Award – closing 31 August 2013
  • Gold Coast Writers' Workshops Short Story Competition – closing 31 August 2013
  • Aesthetica Art Prize – closing 31 August 2013

1 competition received 1 / 5 stars for fairness to entrants.  Under the terms of this competition, all entrants agree to an assignment of their intellectual property rights in the work they submit and a complete waiver of their moral rights.  This means that every entrant gives up all of their rights in the work they create and cannot reproduce that work (for example, by taking a photograph of their work), let alone licence the use of the work to someone else, without the permission of the competition organisers.  We feel that this term is disproportionate and overreaching, especially when it is granted by all entrants regardless of whether they have their work commissioned as a sculpture or not.  Arts Law would be happy to assist the competition organisers improve their terms and conditions:

  • Taronga Wild! Rhinos – closing 23 August 2013

See Arts Law's competition star rating system for further information or call Arts Law if you would like to receive best practice advice regarding your competition terms and conditions.

See more about Arts Law's campaign to improve competition terms and conditions in the Prizes and Competitions section.

Generally, all entrants are providing the organisers with a non-exclusive licence to reproduce their work for the promotion of that competition ONLY.  This means entrants retain all rights in their work and can licence their copyright to third parties (to get 5 / 5 stars, these licences should be limited to finalists only and need to ensure attribution of the artists!): – See more at: https://www.artslaw.com.au/advocacy/entry/arts-law-checks-terms-of-competitions-closing-in-june-2013/#sthash.EcqgGS9v.dpuf

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