Friday, August 15, 2008
WEB VIDEO UPLOADS -- CHECK WITH YOUR LAWYER
Every time you upload a video, you first check on some box that purports to say you have complied with and agree to the terms of the upload on the site.
The terms of the site may not be to your liking. By uploading and checking the box, you may (or may not) be giving away your video, or accepting liability for something that happens in the future, or accepting other terms or conditions you might not like.
Below is an excerpt from a typical agreement associated with a contest. The names of the sponsors of the contest and the name of the site have been omitted. This agreement (like many others I've seen) seems to be poorly written; in this case, contradicting itself, first saying you give up all rights in the video just by uploading it, then saying you are providing non-exclusive rights. In neither case is there any compensation for giving up rights unless you win the contest. This agreement (in other places) does not seem to ask you to assume liability, but it does ask you to waive potential avenues to seek redress for some things from the sponsor.
Typically, the most important issues are rights, compensation and liabilities; but there may be other parts of an upload agreement (or contest rules) that you need to check also.
S0, read it carefully, and check the agreement with your lawyer before you accept an upload agreement. Make sure that the value of the particular upload is worth accepting the terms at that particular site!
A typical agreement:
> "By submitting your short film to XYZ
> for this contest, you hereby assign any and all
> rights, in and to the film to XYZ for
> their use, in their sole discretion, throughout the
> universe in perpetuity.
> Grant of Rights:
> You grant to XYZ and their respective
> designees a non-exclusive, worldwide, perpetual,
> royalty-free, sub-licensable right to make use of
> the short film and any person's property (physical
> and personal and indicia) contained therein, in any
> media now or hereafter known, without any payment or
> other consideration of any kind, or permission or
> notification, to you or any third party.
> XYZ reserves all rights, on a non-exclusive
> basis, including without limitation, the right to
> reproduce, record, alter, amend, edit, publish,
> publicly perform, use, broadcast and stream the
> short film in connection with any and all media now
> or hereafter known throughout the world, in any and
> all media, now or hereafter known, in perpetuity,
> for no additional consideration. Without limiting
> the foregoing, XYZ shall have the
> right to use the short film in any merchandising,
> advertising, marketing, promotion or for any other
> commercial or non-commercial purpose, including,
> without limitation, the promotion and/or marketing
> of XYZ and their respective goods
> and services. You forever waive and relinquish all
> so-called "moral rights (droit moral)" now or
> hereafter recognized."