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CM Neidhofer
09-05-2006, 02:22 PM
Thought I would pass this along for anyone who might be interested. I submitted my Butterfly #1. Figured what the hey...never know. :eek:

http://www.kirklands40th.com/gaa.aspx

Christine

K Taylor-Green
09-05-2006, 02:59 PM
The only part I don't like is giving away all copyright rights with submission. If I don't win or place, does this company get to do anything it wants with my submission? Or did I misunderstand and this only applies to winners?

CM Neidhofer
09-05-2006, 03:15 PM
I re-read the rules. I think you're right, Kate. It doesn't specify just the winners. Maybe not such a good idea after all. But I've already sent something, so I guess I'll see. I don't have much of a problem with the rights anyway. I've never submitted anything to anyone before and doubt I'll go anywhere with this one, so this was a major thing for me, just to submit it. They can use it if they want.

Christine

K Taylor-Green
09-05-2006, 03:18 PM
I guess if you would win, loss of rights wouldn't be THAT big of a deal. Just hang the original and enjoy it.

Deborah Secor
09-05-2006, 03:46 PM
I think at a certain point it's okay to submit something like this, giving them the right to distribute your painting any way they want to--it might result in a contract, as they hint, and even so could become very good promotion for your work, assuming you trust the way they might use it.

But I wouldn't do it. I just don't give my paintings away because it wouldn't be fair to the people who represent me. This store could make a small fortune on a print of my painting, make cards or wrapping paper, even toilet paper (don't laugh too hard--I've SEEN it!) with the painting on it, and nary a cent comes to me or the folks who work hard to sell my work...

I think they're looking for people who need the exposure, and have no real stake in keeping the rights to the image. It could work to your advantage, Christine! My best to you... :)

Deborah

Bringer
09-05-2006, 04:04 PM
Hi,

I'm portuguese and the contest is only for americans.
I got 50 euro in my wallet. Will it do to buy the USA so that I may enter ? :-)

Kind regards,

Josť

skintone
09-05-2006, 06:23 PM
Hmmm.... these legal terms are a bit stiff. What happens with the original? Does it still have value? It says contest submissions will not be returned or acknowledged. What does that mean? I don't mind a painting be commercialized if it will help me in any way, $5000 buys a lot of supplies, but I want people to know that I busted my butt painting it.

johndill01
09-05-2006, 07:46 PM
I think that this rule is a bit much. I could see it for the winner and maybe even the top 2-3 runnerups. But as I read this it applies to all artwork submitted. I wouldn't have a chance of winning, but still would not give away rights.

John

Tressa
09-05-2006, 07:57 PM
I think that is the whole idea behind this John...A nice little marketing tool. A store like Kirklands shells out a few bucks as prize money, and gets a whole SLEW of original art to do with what they please....have you ever been in one..They have some beautiful prints, and they are not that expensive...but what happened to the artists that painted the originals?...a wonderful idea..if you are the store owner, or their marketing director...
Tres

johndill01
09-05-2006, 09:45 PM
That was exactly my thoughts on this also Tres. It wouldn't have to be a "winner " for them to make a few thousand prints. I'm allergic to certain scents, so that gives me a perfect opportunity and reason to stay out our local Kirklands. Too many candles and pot pouri.

John

Mike_Beeman
09-06-2006, 10:41 AM
I've never seen a contest that would ask for the copyright just by entering...but nothing ever surprises me anymore. I do understand if a piece was selected as a winner why you would have to do it...but not as an entry.
I wrote them asking for clarification. Mike

Kathryn Wilson
09-06-2006, 10:52 AM
I think this rule is pretty clear:

By submitting your artwork you grant the Sponsor and its agents the right to record, copy, publish, edit, exhibit, distribute, merchandise, license, sublicense, adapt and/or modify your submission in any way in any and all media, without limitation and without any further compensation.

I think a lot of unsuspecting artists will enter their paintings and never see a dime for their efforts. I would RUN from this competition.

Maybe Mike will get some good news - but I doubt it.

K Taylor-Green
09-06-2006, 04:16 PM
Another thought, what can they do with a jpeg limited to 72 dpi? That isn't enough resolution for a blow up. It would look fuzzy and pixelated.

Mike_Beeman
09-06-2006, 05:07 PM
Kate,
I believe you probably answered the question with that response. Here's what I got back from their Marketing Projects Manager:

"Micheline Prescott" <[email protected]> wrote:
> Good afternoon!
>
> In response to your question, our legal counsel is telling us that by
> just entering, you are giving us permission to use the image you submit,
> not the artwork itself. If you win, then Kirkland's would have the
> rights to the artwork.
>
> Hope this helps you. Please do not hesitate to contact me should you
> have any other questions or concerns.
>
> Enjoy Your Day~
>
> Micheline Prescott
> Marketing Projects Manager
> Kirkland's Home
> 731-660-7439

I did jot another note to clarify just what the use is...publicity or other uses, I probably shot myself in the foot if I decide to enter! I'll let you know when I hear back.
Mike




Another thought, what can they do with a jpeg limited to 72 dpi? That isn't enough resolution for a blow up. It would look fuzzy and pixelated.

Mike_Beeman
09-06-2006, 06:28 PM
It appears that the copy right issue only applies to the winner...here is the last response:

On Wed, 6 Sep 2006 16:23:35 -0500
"Amy Markham Thomas" <[email protected]> wrote:
> Mr. Beeman,
>
> I am with the marketing firm that is helping Kirkland's with the Next Great
> American Artist Contest. Only the winning artwork will be used for retail
> purposes. The online submissions are for consideration in the contest only.
> The language used is what was required of us by the contest rules company
> that provided the legal document. Unless you submission is named a finalist
> or the grand prize winner, Kirkland's will only use the low resolution image
> you provide upon entry for judging.
>
> I hope this answers your question. If not, please let me know and I will
> attempt to get further clarification from the company that drafted the
> contest regulations for us.
>
> Sincerely,
>
> Amy Thomas
> Account Supervisor
> Thompson & Company
> 901-527-8000
>

Kathryn Wilson
09-06-2006, 07:11 PM
Having worked for law firms for most of my adult life, I am very suspicious of this language. Although the Account Manager of the Marketing firm says what she thinks it is, it sounds like the lawyers have this all sown up. Watch yer back.

K Taylor-Green
09-06-2006, 09:57 PM
Thanks Mike, for taking the time to help clarify this. The second letter makes me feel a little better!

CM Neidhofer
09-12-2006, 05:48 PM
http://www.artistsmagazine.com/images/contests/callforentries.gifhttp://www.artistsmagazine.com/images/contests/tamheader.gif (http://www.artistsmagazine.com/contests/amoc_2006.asp)http://www.artistsmagazine.com/images/contests/btn_compdetails.gif (http://www.artistsmagazine.com/contests/amoc_2006_details.asp)http://www.artistsmagazine.com/images/contests/btn_onlineform.gif (https://www.artistsnetwork.com/tam/amoc_2006_entry.asp)http://www.artistsmagazine.com/images/contests/btn_printform.gif (http://www.artistsmagazine.com/contests/amoc_2006_print.asp)http://www.artistsmagazine.com/images/contests/btn_tam.gif (http://www.artistsmagazine.com/)Competition Details

PRIZES

Grand Prize Award: $500
6 First Place Awards: $100 each
The Grand Prize winner and all 6 First Place Winners will receive complimentary subscriptions to The Artist's Magazine and $100 worth of North Light Books. Honorable Mentions receive complimentary subscriptions to The Artist's Magazine and $50 worth of North Light Books.
Winners will be featured in the July/August 2007 issue of The Artist's Magazine along with a list of Honorable Mentions. All Winners and Honorable Mentions will receive a certificate suitable for framing.
Deadline: December 1, 2006
CATEGORIES

Compete and Win in 6 Categories!
Oil and oil pastel: paintings done in oil-based media on canvas, board, paper, or wood
Acrylic: paintings executed in watermedia, with acrylic being the dominant (80 percent at least) medium, on paper, canvas, board, or wood panel.
Watercolor: paintings executed primarily (at least 80 percent) in watercolor or inks; additions of gouache, acrylic, or other media are permissible.
Pastel: paintings that are at least 80 percent (soft) pastel on paper or any other surface. NuPastels or other hard pastels are considered (soft) pastels. (Paintings executed primarily in oil pastels should be entered in the Oil and Oil Pastel category.)
Mixed media and collage: any materials on any surface.
Graphite, charcoal and colored pencil: works that are executed primarily with drawing materials including pen and ink, although additions of pastel, watercolor, or other media are permissible.
PROSPECTUS

ELIGIBILITY
The competition is open to artists anywhere in the world who are 16 years of age and over. All works must be original. Compositions based on published material or other artists' work are NOT considered original. Source material must be available upon request. Paintings executed in a workshop under another artist's direct supervision are not eligible. Paintings previously reproduced in a national publication or paintings that have previously received major awards in national competitions are not eligible. Employees of F+W Publications, Inc., and their immediate families, are not eligible.
HOW TO ENTER
All entries must be digital files accompanied by an Official Entry Form. You may enter work in any and all categories; there is no limit to the number of images you may enter. You must submit a separate entry form for each entry. You may mail all your entries in on one CD or you may enter online (https://www.artistsnetwork.com/tam/amoc_2006_entry.asp) using a credit card. Incomplete entry forms-such as those without telephone numbers-will be disqualified. A credit card number and signature or a check or money order for the required jury fee of $8 per image (in U.S. funds, drawn on a U.S. bank) must accompany your entry. CDs will not be returned (so have a duplicate made for your own files). The Artist's Magazine will not be responsible for the loss, damage or return of any CDs submitted to the competition.
PREPARING YOUR ENTRY
All image files cannot exceed 500KB. The file format must be JPEG. Image dimensions must not exceed 500x500 pixels.
DEADLINE
All entries must be postmarked no later than December 1, 2006.
JUDGING
All properly prepared entries will be viewed and judged. The decision of the jurors is final. The jurors reserve the right to recategorize entries.
NOTIFICATION
All winners will be notified by March 1, 2007. The results will not otherwise be made public until they are published in The Artist's Magazine. Non-winning entrants will not be individually notified of the results. Your cancelled check or credit card charge will be notification for receipt of your entry. Include a self-addressed, stamped postcard if you want to be notified directly of your entry's receipt.
SEND ENTRIES TO:
The Artist's Magazine All-Media Online Competition
4700 East Galbraith Rd.
Cincinnati, Ohio 45236
PRIVACY PROMISE
Occasionally we make portions of our customer list available to other companies so they may contact you about products and services that may interest you. If you prefer we withhold your name, send a note with your name, address and the competition name to: List Manager, F+W Publications, 4700 East Galbraith Rd., Cincinnati, Ohio 45236
Deadline: December 1, 2006

scall0way
09-15-2006, 08:31 PM
Having worked for law firms for most of my adult life, I am very suspicious of this language. Although the Account Manager of the Marketing firm says what she thinks it is, it sounds like the lawyers have this all sown up. Watch yer back.

I have to say I agree with you on that one Kat. I have not worked for any lawyers, but my son is a newly-minted lawyer, and he'd be the first to tell me that the legal disclaimer you sign has all the weight, and any "informal" documentation, such as emails, carries very little.

And it's the legal disclaimer that says:
" Submission of an Entry further constitutes the entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the submission, including, without limitation, all copyrights."

Besides, I don't any of my stuff would be suitable "living room art" anyway! :D

K Taylor-Green
09-16-2006, 10:45 AM
Christy, this one sounds like a winner! Are you entering?

CM Neidhofer
09-17-2006, 11:05 PM
Christy, this one sounds like a winner! Are you entering?

Hmmmm.....maybe........:rolleyes: