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Arts Law Reviews the Terms of Competitions Closing in March 2014

26th February 2014

Trophies, uploaded to Flickr, by Snap under Creative Commons Licence

Arts Law has reviewed and rated the terms and conditions of 19 competitions closing in March 2014.

5 Competitions received a very positive 4 / 5 stars for their terms and conditions. The Swell Sculpture Festival, Ampfest 2014 and the Lorne Sculpture Biennale 2014 ask selected entrants or finalists to provide a licence to reproduce the work for promoting the competition, but do not limit the duration of this licence. If they had done so, and clearly stated they would attribute the artists, 5 / 5 stars would have been awarded!

Likewise, the NAIDOC Poster Competition only asks the winner for a licence to reproduce the artwork however, the licence is permanent and ongoing. It would be more reasonable to request a shorter 5 year licence from the winner.

The 31st Telstra National Aboriginal & Torres Strait Islander Art Award also limits any reproduction of artwork to selected entrants and limits use to non-commercial promotional purposes. The competition also makes a positive undertaking to attribute successful prize winning artists which is fantastic! If this acknowledgement had been extended to artists who are also selected to exhibit their works, then they too would have received a perfect rating.

WELL DONE:

  • Ampfest 2014 – deadline 7 March 2014
  • Swell Sculpture Festival 2014 – deadline 7 March 2014
  • 31st Telstra National Aboriginal & Torres Strait Islander Art Award – deadline for pre-selection 21 March 2014
  • National NAIDOC Poster Competition 2014 – deadline 24 March 2014
  • Lorne Sculpture Biennale 2014 – deadline for expressions of interest 29 March 2014

13 Competitions received a respectable 3 / 5 stars for fairness to artists. The Ipswich Art Awards and Vasse Art Award 2014require that entrants provide the competition organisers with a non-exclusive licence to reproduce their work for limited purposes associated with the competition, but with no limit to the duration of the licence.  To achieve a perfect rating, these licences should be limited to finalists or exhibitors, limited in duration and clearly state they will attribute the artists.

The annual Head On photo competitions appear to have changed their terms and conditions since 2013 when we gave them a 4 / 5 star rating. They now ask all entrants, instead of just finalists, for a licence to reproduce their work for promotion of the festival. If the competition had limited it to finalists only and also included a positive undertaking to attribute artists on any reproductions then they would have received higher rating.

The Milburn Art Prize 2014, Calleen Art Award 2014, OneSight Indigenous Design Competition and Percival Portrait Painting Prize 2014 limit reproductions of work to only selected entrants or finalists which is great! However, the extent of the licences relating to use of the works are quite broad and are not limited in duration.  If the licences were limited in duration, limited to uses associated with the competition only and contained a positive intention to attribute the entrants, these competitions would have received 5 / 5 stars. 

The Magenta Artists Art & Photography Show asks all entrants to provide a licence to reproduce the artworks for non-commercial purposes only however, prize winners are asked to give a much broader licence which is not limited in duration. If this licence was limited in duration, for non-commercial purposes and contained a positive intention to attribute the entrants, then it too would have received a higher rating. 

The 2014 Gallipoli Art Prize only asks for a licence to reproduce the artworks that have been selected for exhibition in connection with promotion of the exhibition which is wonderful! However, the winner is required to transfer ownership of copyright to the Club.

NOT FAR OFF

  • Milburn Art Prize 2014 – deadline 7 March 2014
  • Indigenous Ceramic Art Award 2014 – deadline 7 March 2014
  • Calleen Art Award 2014 – deadline 7 March 2014
  • OneSight Indigenous Design Competition – deadline 7 March 2014
  • Head On Portrait prize 2014 – deadline 9 march 2014
  • Head On landscape Prize – deadline 9 March 2014
  • Head On Multimedia Prize – deadline 9 March 2014
  • Head On Mobile Competition – deadline 9 March 2014
  • Ipswich Art Awards – deadline 14 March 2014
  • Vasse Art Award 2014 – deadline 15 March 2014
  • 2014 Gallipoli Art Prize – deadline 16 March 2014
  • Magenta Artists Art & Photography Show – deadline 28 March 2014
  • Percival Portrait Painting Prize 2014 – deadline 28 March 2014

Arts Law was unable to rate the Unsigned Only Music Competition. This is because the competition’s terms and conditions do not specifically mention the licensing of winners copyright or the protection of their moral rights.  It may be that the competition provides the winners with this information, but it would be preferable for all entrants to know what rights they may be giving away in the event they do win so they can decide whether to enter the competition in the first place.  Arts Law encourages the competition organisers to clarify its terms in this regard.

MORE INFORMATION NEEDED:

  • Unsigned Only Music Competition – deadline 13 March 2014

Further information

Please email us at [email protected] to tell us about any competitions or prizes you think we should check. 

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.

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