Important Information about Copyright

It is very important that the billboard entry and film/documentary entries that are submitted are your own original works. Copyright laws protect different types of creative materials including written works, dramatic works, artistic works, performances and films. You must ensure that in creating the billboards and films, that you do not use any materials or works that have been created by another person unless you have got the written consent of that other person or the copyright that protects the works has expired. The general rule is that copyright last for 70 years from the end of the year when the creator of the work died. For sound recordings, the general rule is that copyright lasts for 70 years from the end of the year when the sound recording was first made public.

As part of your submission of the billboard entry and film/documentary entry you must ensure that all people involved in the creation of your billboard and film entry sign the Consent Form (including you). This form includes consent for BP Solar to use, reproduce and publicly communicate the billboard and film/documentary entry. Where you or the contributor are under 18 years of age, the parent and/or legal guardian of the contributor (including you) must also sign the Consent Form.

Set out below are some answers to questions which you may have concerning the materials that are created:

Question: I would like to include music in my film. How can I do this?
Answer: There are 2 main ways. You can use music that you or the contributors who have signed the Consent Form have actually created. Alternatively, you can use music which you did not actually compose but which is no longer protected by copyright (ie it is more than 70 years since the death of the author of the music eg Mozart or Beethoven pieces) and which you or the contributors actually play with instruments and then record. You should not use someone else’s recording of a piece of music (even if it is more than 70 years from the death of the actual composer) as the actual recording may still be subject to copyright protection.

Question: What about downloading a track from a website?
Answer: You should not download tracks from a website to include in your film. Generally, music made available on-line to download is for “private use” and not public screening.

Question: Why do I need to get consents from people appearing in my film/contributing to the billboard?
Answer: Intellectual property laws give certain rights to people who create copyright protected works known as moral rights and, in the case of sound recordings, performer’s rights. Privacy laws also protect the collection and storage of personal information. The filming of a person and storage of that film may amount to collecting and storing personal information. For these reasons, it is important that these contributors give their consent in writing to the use of their works or performances.

Question: Do I need to contain every person’s consent, even if they are simply appearing in the background?
Answer: If your shot is panning across a scene and no one particular individual is discernable, then you do not need to ask them for consent in writing. However, if an individual’s identity can be ascertained from the shot, then you ought to obtain their consent in the Consent Form.

Question: I would like to use materials that are publicly available on the Internet. Can I do this?
Answer: No. Just because materials are available to the public does not mean that they are available to be copied.

Question: I would like to film in public places. Will this be a problem?
Answer: Generally, it will be acceptable to film buildings and other permanent structures in public places. Where, however, there are artistic works such as a painting or graphic art, permission will need to be obtained from the copyright owner. If, however, the artistic work is merely “incidental” to the main feature, permission will not be required. For example, where there is graphic art on a wall in the background as the actor strolls past.

Question: I would like to use a photograph that I have seen in a magazine on the billboard. Can I do this?
Answer: No. The photographer is the owner of copyright in the photograph and the magazine will have rights in the publication. You should only use photographs which you have taken or which your contributors have taken.