Dear List,
I have receieved a few commssion details about projects in the
birmingham area. Well I thought great I'd have a look, they cant be
taking the mikey with copyright and they would respect and support and
artist with the full arm of the law, wrong.
I have alreadt posted this on the epuk list and have also emailed the
aop, central, north and the bipp.
Here are the offending paragraphs.
"Ownership and copyright
For this commission Arts Council West Midlands requires full copyright
on the images produced as part of the commission. It is imperative that
the photographer completes all relevant permission forms as appropriate
- forms will be included with this brief for information. A brief
description of when specific additional forms must be used is detailed
below:
. In every case: Schedule A - Arts Council England owns copyright,
including Terms of Commission
. If image(s) includes children/young people/vulnerable adults:
Schedule C - Model permission form
. If image(s) includes work of art: Schedule E - artist's
agreement to reproduce their artistic works
Arts Council England will have the right to reproduce imagery created as
part of the commission for the purposes of promotion/publicity,
evaluation and advocacy. This may be in printed or electronic form,
including Arts Council West Midlands Annual Report, advocacy documents
and multi-media presentations, and the Arts Council England and Creative
Remedies websites.
Arts Council West Midlands will not allow use of the imagery by any
other third party except by prior arrangement with the photographer. In
all cases the photographer will be acknowledged."
"The parties agree as follows:
1. The artist hereby grants to the Arts Council of England, a non
exclusive, perpetual licence to take photographs and visual
representations of the works and to reproduce the same in any media
including but not limited to digital, electronic or printed format.
2. The licence granted pursuant to clause 1 may be sub-licensed to
third parties.
3. The artist acknowledges and agrees:
i. to the Arts Council of England making any alteration in whole or
in part of any photograph or other visual representation of the works
ii. that the Arts Council of England shall use its best endeavours
to acknowledge the artist as creator of the works but shall not be
obligated to do so
4 The artist agrees to indemnify the Arts Council of England
against all claims, demands, costs, liabilities and expenses (including
legal expenses on a full indemnity basis) arising from any claim of
alleged or actual infringement of any intellectual property rights
arising out of or in connection use of the photographs or other visual
representation of the works by the Arts Council of England."
Um they have been speaking to ipc or what ???.
Model release form
"3. I am aware that the school/organisation, children/young
persons/vulnerable adults participating in the Assignment or persons
whose image appears in the photographs/film has No rights of ownership,
copyright or other interest in the photograph/film produced from this
Assignment.
4. I understand and agree to the Arts Council of England using any
photographs/film produced from the Assignment for any purpose, which
includes but is not restricted to the Arts Council of England's
electronic photographic/moving image library, the Arts Council of
England publications; the Arts Council of England websites; newspapers,
magazines; advertisements; TV; digital media; promotional material.
5. I understand that the Arts Council of England may licence the
photographs/film to a third party."
So the arts council may make money from the artist
"The parties agree that the legal and beneficial title in the
photographs, negative, film, proofs and any material produced from the
assignment ('material') shall belong to the Arts Council of England as
and when created.
You hereby assign (free from any encumbrance) to the Arts Council of
England the copyright, in the ('images') produced from the assignment.
Subject to agreeing a licence as described below, you may only copy the
images for the purposes of fulfilling your obligations under this
contract.
You irrevocably and unconditionally waive all moral rights in respect of
the Images produced from the assignment which you, your employees or
independent contractors may be entitled. You agree that this waiver
shall operate in favour of the Arts Council of England and any third
party it licenses to use the material. On request, the Arts Council of
England may, at its sole discretion, grant you a licence to use selected
pictures from the images ('selected images'). Where such a licence is
granted to you, the Arts Council of England will provide you with the
means necessary to reproduce the selected images. You shall not use or
alter the selected images in any way which is obscene, blasphemous,
libellous or pornographic. The identity and/or address of any persons
whose images are contained in the selected images shall not be disclosed
to any person. Where the Arts Council of England has within six months
of the completed assignment notified you that it intends to use the
images for a particular commercial purpose, you shall not use the
selected images for a use that would compete with that commercial
purpose.
Where the Arts Council of England indicates that the assignment shall
include children/young persons or vulnerable adults you acknowledge that
you shall not be permitted to use or reproduce any image or material
which contain the children/young persons or vulnerable adults
Where the Arts Council of England shall reproduce the material without
making any material changes it may at its sole discretion acknowledge
you as the author of the work."
"5. INSURANCE
You are not covered under the Arts Council of England's Government
Indemnity Scheme for any insurance matter related to your undertaking
the assignment. You confirm that you have suitable insurance including
public liability insurance for the purposes of the assignment.
You agree to indemnify the Arts Council of England against all losses,
cost claims, demand, proceedings, damages, costs, charges and expenses
for injuries or damage to persons or property which are the result of
your negligence in carrying out this assignment."
We will use the work and then if we misuse it its your fault and you
loose your house, er I don't think so
Thoughts please. Needless to say I will be replying with a hard letter
and anyone else who would like to chip in can as well. If you want the
persons email address I will happilly supply it.
Those in birmingham should maybe also consider a collective response,
arn't the arts council supposed to support the artist, not piss on them
from a great height.
please reply offlist it's a one off posting
cheers
Ian Reynolds
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