Competitions or appeals seeking submissions of creative works from the public, works such as photos, videos, poems, music, etc., are reviewed by the Artists' Bill of Rights campaign. The reviews are to help you decide whether or not you should participate in the competition or appeal. When you create a work (e.g. a photo) the law automatically makes you the sole beneficiary of certain rights over that work. These rights are called intellectual property rights. Note: Rights for works created in the course of employment are usually owned by the employer (i.e,. works for hire).
Rights have a value and you are free to decide what that value is. If a person or organisation wants to use your work to promote something, you have the right to refuse permission or to set a fee for a specific use. More information about intellectual property rights and their value to you can be read in our Guide to Rights & Licensing.
Listed below in order of closing date are the competitions or appeals promoted by this organisation that we have reviewed. For each we detail how their terms and conditions will exploit your rights. To read our review(s) just click on any competition/appeal title below.
I understand that by submitting content (“Content”) to DVD.com via mail, electronic submission, or any other method, I hereby grant to DVD.com a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), distribute (via any now known or later developed method), transmit, modify, adapt, and creative derivative works of the Content. I understand that any such derivative works shall be the sole and absolute property of DVD.com, and I shall have no rights or interest thereto. I further agree that DVD.com may elect to use my name and/or likeness in connection with the Content (although it is not required to do so). I agree to execute all such assignments or other documents and take any actions as may be reasonably required by DVD.com to give effect to the licenses contained in this paragraph.
13. Use of Information Submitted. Netflix is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Netflix service, including the Netflix website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Netflix service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. These terms do NOT seem limited to the "Feedback" section.
HOW THESE TERMS AND CONDITIONS WILL AFFECT YOU
The following notes explain how the above terms and conditions affect your rights in respect of any works you submit to the above competition or appeal.
The terms and conditions will claim your copyright if Neflix creates "creative derivative works (sic) of the Content". Such derivative works "shall be the sole and absolute property of DVD.com". The vague and grammatically incorrect "creative derivative" could mean that changing a color or resizing your work, changing format or changing the aspect ratio would give DVD.com all rights to your content. You may not be permitted to use or reproduce your work again without permission from DVD.com. You will certainly not be credited.
The terms and conditions do not state you will always be credited when your work is reproduced. Netflix may do so but are not required. One of your most important moral rights is that you should be credited as the author of a work whenever it is reproduced.
The terms and conditions state that if you win, or are a potential winner, you are required to complete various additional forms or actions, i.e., "agree to execute all such assignments or other such documents and take any actions that may be necessary" to make the terms legally binding. Of course, the terms and conditions of these additional forms are not displayed but it is assumed it will be like signing a blank cheque.
The terms and conditions are granting the organiser unlimited use of your work forever. You are helping to sell a commercial product of a very successful company. You should be able to license the work for a specific time period and for a specific fee. If your work is featured on DVD.com mailers, it is worth far more than mere "exposure". DVD.com/Netlix is crowdsourcing "free" culture. (See item 5, below.)
The terms and conditions grant the organiser the right to use your work for other purposes. The operative term is "sublicensable". That term could be harmless, as in allowing the printer of the labels the right to print your art, but it can mean much more beyond that. If the organisation wishes to use your work for any other purpose they should negotiate with you independently of the competition.
You should have the right to negotiate an appropriate fee for the specific use Netflix?DVD.com want to make of your work and to set a time limit on such use. You should also have the right to refuse use of your work in what you consider inappropriate venues. For further information on fees and licensing refer to the Introduction to Rights and Licensing.
We have written to this organisation, submitted a link to this report and urged them to adjust the competition rules as set out in the ABoR Principles document.
Netflix is a large company. Contacting them thru the main number, 1-800-290-8191, may not be as effective as posting on their social media accounts: Facebook, Twitter (#dvdnetflix), Pinterest, or Instagram. Urge them to adopt the principles set out in the Artists' Bill of Rights.
Last updated: April 30, 2016
The Artists' Bill of Rights campaign depends on your active support. Your help will make a difference.
Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -
We have written an Organisers Guide to the Bill of Rights to help organisers draft terms and conditions that respect the rights of entrants and at the same time provide legal protection for the organiser.
© Bill of Rights Supporters Group
The above text may be reproduced providing a link is given to the Bill of Rights For Artists.
Any text reproduced in italics in this report has been extracted from a competition or appeal website for the purposes of review.
Organisations who would like to be promoted as a Bill of Rights Supporter and have their competitions promoted on the Rights On List can use this contact form. We look forward to hearing from you.
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