Song Contests and giving away rights...

[James Steele]

Just ran across this link for a contest affiliated with Verizon:

http://collect.myspace.com/callingallbands

Upon reading the fine print, I come across this key section:

By entering the Contest, you grant to Sponsors a perpetual, fully paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, stream, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Material in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsors and their respective services, all without further notice or consent from or payment to you (or your group).

I'm bolding sections that seem most troubling. What just struck me, just now, is that the key word seems to be right up front "ENTERING". Notice it is not "WINNING." You do not need to win in order for this to apply. Thousands of bands will essentially give away all rights to their musics by filling out the form on the web page whether they win or not. Suddenly MySpace or Verizon owns sweeping rights to EVERY SONG ENTERED in their contest, including the ability to license it to anyone else.

This is troubling. It seems that once a "winner" is chosen, the runners-up should get their rights back at the very least. What does everyone else think?

[johnnytucats]

I think it's a provision that wouldn't hold up in court. Best way to keep out of court, or course, is not to enter.

For the transfer of property to be valid there has to be "consideration" from the "transferee" and it has to be spelled out in the contract between the parties. On most of the song or writer contracts I've seen it's been $1.00. This is just a formality and is separate from advances and any other expectations laid out in the contracts, but it's a necessary formality. They've also been signed, witnessed and notarized.

I'm not sure I've heard of a case of someone giving up a copyright by clicking on a link. If I were the recipient of such copyrights I wouldn't feel at all good about the validity of the transfer without a proper, signed contract.

[James Steele]

I think it's a provision that wouldn't hold up in court. Best way to keep out of court, or course, is not to enter.

For the transfer of property to be valid there has to be "consideration" from the "transferee" and it has to be spelled out in the contract between the parties. On most of the song or writer contracts I've seen it's been $1.00. This is just a formality and is separate from advances and any other expectations laid out in the contracts, but it's a necessary formality. They've also been signed, witnessed and notarized.

I'm not sure I've heard of a case of someone giving up a copyright by clicking on a link. If I were the recipient of such copyrights I wouldn't feel at all good about the validity of the transfer without a proper, signed contract.

From what I understand, it's not exclusive rights... so you can do whatever you wish with your own song. Only thing is, the way I read it, simply by entering the song you give them the right to use it however they wish and also the right to license it to anyone they want. MySpace has started a label. It seems like if they were inclined they could cull the best 12 songs from among thousands written by contest hopefuls and have one of "their" bands record them, all without paying anyone a dime. I'm not sure about mechanical rights here, but they also mention they can make derivative works, so suddenly MySpace controls thousands of the best songs from unsigned bands across the country, and is free to market them and sell licensing without paying anything to the songwriters. Seems like if they changed the wording so that this would only apply to the eventual winners, that's one thing, but the way it reads, it applies to anyone "entering".

Anyway, I'm no lawyer, but it seems excessively confiscatory...

[johnnytucats]

I've yet to hear about any sort of litigation involving a contest like that...but it's bound to happen.

As far as being excessively confiscatory...definitely. Excessive to the point of ridiculous.

___________________________________________________

By reading this post you agree that I am brilliant and grant me the
right to drink all the milk in your refrigerator.

[MIDI Life Crisis]

It's not just contests, More often than not I refuse to sign agreements for the use of my music "in perpetuity, in all formats (whether now known or come into existence, yadda, yadda, yadda." Apparently the consensus is that those who create music are so starved for attention and PR they will sell out for very little.

As for myself, I am brutally mercenary about licensing. In fact, that is the key, you are not selling your music, you are licensing it. If that does not fly with the client, you don't need that client, regardless of how much they promise to promote you.

[hellcat]

Most contests like this -- and for example, the USA SONGWRITERS CONTEST (they actually use my name to market that thing!) is a complete and utter rip off, playing on up and coming new bands and artists, who are reallly hopeful and positive. The fact is that these contests make you pay to enter, take your money, and tell you to •••• off. John Lennon Songwriting contest? He's no doubt spinning in his grave (yeah, thanks Yoko -- your greed is apparent again). The Myspace contest is really shocking in its audacity -- that they dare try to pull this one off. AGAIN PEOPLE - GET WISE -- LIKE IN LIFE, IF IT SOUNDS TOO GOOD TO BE TRUE IT IS. They play on gullible young people who have no experience. Just like SxSW and all those rediculous "music industry conferences" -- they are wastes of your time and money, and won't get you a thing. Every established artist I know of who went through those things only say they are wastes of time and money......

[hyperl1t3]

Most contests like this -- and for example, the USA SONGWRITERS CONTEST (they actually use my name to market that thing!) is a complete and utter rip off, playing on up and coming new bands and artists, who are reallly hopeful and positive. The fact is that these contests make you pay to enter, take your money, and tell you to •••• off. John Lennon Songwriting contest? He's no doubt spinning in his grave (yeah, thanks Yoko -- your greed is apparent again). The Myspace contest is really shocking in its audacity -- that they dare try to pull this one off. AGAIN PEOPLE - GET WISE -- LIKE IN LIFE, IF IT SOUNDS TOO GOOD TO BE TRUE IT IS. They play on gullible young people who have no experience. Just like SxSW and all those rediculous "music industry conferences" -- they are wastes of your time and money, and won't get you a thing. Every established artist I know of who went through those things only say they are wastes of time and money......

yeah, i saw an ad for that lennon contest and i just took a glimpse at the small print. scary stuff in there, lol. but hey, if you need it that bad, go for it. just as a personal one though, i entered for a scholarship into the poetry contest one (probably crap) and all i got was spam, lol.