Danger, Will Robinson!
April 20, 2007 12:21 Filed in: Movie Biz
So you're excited about the Anchorage Daily News' video contest? How do you feel about being sued? ADN's "Reel Time Alaska" offers entrants a paltry lure for a VERY stiff price.
So you're excited about the Anchorage Daily News' video contest? How do you feel about being sued? Anyone drawn to the lucre offered in the "Reel Time Alaska" contest had better read the user agreement pretty darn closely before clicking their agreement. In essence, when posting ANYTHING to the site you take 100% of the responsibility for your content's copyright clearances (meaning no web grabs, no cd rips, signed model agreements, etc). Not so outlandish, except the general public generally doesn't understand copyright laws. Check out this next part though (all quotes are as of 4/20/2007): "6. For any content that you post, you hereby grant to adn.com the royalty-free, irrevocable, perpetual, exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed." In case you didn't catch that, look again- that says EXCLUSIVE. Most media user agreements for this type of internet use read "non-exclusive." And while you may be able to fight this later legally, and they may not actually pursue or restrict you if you do use your video elsewhere, by posting anything you are agreeing to give them an exclusive license to your product. And most of you don't want to do that. C'mon ADN, get into the community thing and deal with your public in an honorable way. Of course corporations need to protect themselves from unlicensed content, and any site promoter knows deep in their heart that most of the videos posted will not be properly licensed (can you say YouTube?), but asking for an exclusive license is simply draconian.
Also, potental users might want to check out the previous paragraph, known as "Submissions
By submitting any content to adn.com, including photographs, you automatically grant Anchorage Daily News and adn.com a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way adn.com uses such content."
At least this one is NONexclusive! If I were you, I'd think twice- make that three times- before submitting anything to ADN.com (for free) that you'd ever want to sell if it went viral. Caveat Emptor.
Also, potental users might want to check out the previous paragraph, known as "Submissions
By submitting any content to adn.com, including photographs, you automatically grant Anchorage Daily News and adn.com a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way adn.com uses such content."
At least this one is NONexclusive! If I were you, I'd think twice- make that three times- before submitting anything to ADN.com (for free) that you'd ever want to sell if it went viral. Caveat Emptor.