Netflix "Your Art Here"

About This Organisation

DVD.com (a Netflix Company)

About this Organisation

traffic-light-stopWelcome to Netflix! We are a subscription service that provides our members with access to motion pictures, television and other audio-visual entertainment ("movies & TV shows") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("Netflix ready devices"). Netflix Terms of Use

About this Report

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.

How this Organisation's Competitions or Appeals are Listed

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.

CLICK HERE to see "Your Art Here"; closing date 16 May 2016

Your Art Here

TERMS FOR SUBMISSION OF USER GENERATED CONTENT

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 ContentI 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.

NETFLIX TERMS OF USE

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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.)

    As if there were any question Netflex will use any submitted content forever, "Netflix Terms of Use" state that anything you send them can be freely used forever, "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." And you agree not to enforce your "moral rights".

  5. 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.

For further guidance please read the Bill of Rights for Artists, particularly our Bill of Rights Principles.

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.

SPONSORS

Netflix

CONTACT

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.

 

About the Artists' Bill of Rights

The Artists' Bill of Rights principles for Creative Competitions

Competitions which meet all the standards set out in the Bill of Rights For Artists do not do any of the following -

  • claim copyright
  • claim exclusive use
  • seek waiving of moral rights
  • fail to give a credit for all free usage
  • add, alter, or remove metadata from submissions
  • seek usage rights other than for promoting the contest and no other purpose. Note that a book, posters, cards, or a calendar are seen as legitimate ways of promoting the contest and defraying costs
  • seek free usage rights in excess of 3 years
  • use the submissions commercially without the entrant's agreement, and such commercial usage is to be subject to a freely negotiated license independently of the competition.
  • make it a condition of winning that an entrant must sign a commercial usage agreement
  • fail to publish all documents on the competition website that an entrant may have to sign
  • fail to name the judges for this or last year's competition
  • fail to explicitly state all the organisations who will acquire rights to the submissions
  • set a closing date more than 18 months after the contest launch date
  • fail to make clear statements of rights claimed and how submissions are used.

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

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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.