ADU: Reading the fine print of design competitions can be confusing – what are some of the classic mistakes that designers can make when taking part in a competition, and what should designers look out for?

Peter English: A couple of things come immediately to mind. What are the terms of the competition? What publication or other use rights do the competition organisers claim over the content that is submitted? Apart from prize money and any offers which go with it, what rights of attribution does the designer get?

How common is it that designers have to sign over their rights – copyrights, trademarks, design rights, moral rights and all other IP rights? And how can a designer weigh up whether they want to do this – decisions to waive rights today could have negative implications later in their career.
It's not common and I would advise designers against entering “competitions” that require a “sign over” (assignment) of rights. I'm not sure that giving up rights now may necessarily have a negative effect on career – provided there is proper attribution and recognition, that may be helpful – but the financial loss might be significant.

Do companies benefit from owning those rights when a kind of two way agreement may benefit both – are we at a point where advocacy might help change things for the better of all?
I agree. There are basically two types of design competitions. One where existing work is selected and judged. The other where the competition calls for work to be created and are often based on specific design or themed criteria. My view is that ownership of rights does not need to be transferred from the designer to the competition organiser to allow the organiser to obtain some reasonable benefit from the use of the work, in consideration of prize money being paid, attribution being made on an ongoing basis, and some other reasonable commercial terms.

Are there things designers should do differently, or be prepared for, when entering an international competition?
Look closely at the terms and establish what happens to their work once it is entered. That may be hard enough to control here in Australia, but it certainly gets harder if the problems arise overseas. Maybe that's where being a member of a professional association may assist.

What can a designer do if things go wrong – have you worked on particular cases when designers have wanted out?
No I haven't. The designer who is “ripped off”, should get some advice ASAP. If you don't have a lawyer, the Arts Law Centre can be a good starting point. If you are a student, your student body or school/college/university administration unit may be able to advocate on your behalf.

When do you consider a design 'competition' not to be a competition?
Where the organisers invite work to be created for the purpose of a competition, offer a paltry prize, demand a full assignment and/or unrestricted commercial exploitation rights, reserve the right to modify any chosen design and give no assurances of attribution, publicity or ongoing involvement with the project. That is not a competition. That is a sham. Ignore it. Move on.

Money and exposure are two of the most common reasons why designers enter competitions, so how can designers ensure that their rights and their 'brand' are also protected?
If they have a “brand” I'm a great believer in trade mark protection for their trade name, but design rights are notoriously hard to protect. There is copyright in plans and drawings and other original work. Copyright does not require registration and offers strong protection for original work that has international recognition. Depending on the scale of the likely applications of the design, there is design registration available. In some cases where the design has not been published and involves an “inventive” and “non-obvious” step, there may be patent right available. The IP Australia website is a good resource. I'm sure there are a number of other useful IP resource links on the ADU website.

Are there any other issues that you think creative businesses should be aware of?
I think competitions for artists, musicians, architects and designers are a necessary part of how arts communities achieve recognition for their work and get to interact with a wider audience. My view is that you should stick to the competitions administered or endorsed by major institutions or recognised professional bodies, because they tend to be well thought of and have entry terms and conditions that have been well stress-tested over time. I would be cautious of entering competitions run by commercial organisations who do not have any long standing association with the design or arts community, and whose motives may be opportunistic. Read the fine print. Get some advice.

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Interview by Heidi Dokulil

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