Hi again, James. Upon a second, closer reading of the Project Terms it does appear that the creative retains IP rights, but section 4 specifies a multitude of ways that the creative gives complete and interminable licensing rights to the client, who, I believe is Coboat. The language also seems to communicate that Jovoto is granted these licensing/use rights. For example:
4.3 The aforementioned rights of exploitation for commercial or promotional purposes include in particular:
4.3.2 The right to distribute or put into circulation the idea and all works, performances and activities contained in the idea in any known way and on all physical analog and digital media independently or in combination with other works, especially in support of a product, and/or to offer these to third parties, in particular to rent and lend out irrespective of the distribution channel and the embodiment, in particular through distribution of the idea and all works, performances and activities contained in the idea on the aforementioned digital or analog media via wholesalers, resellers or retailers, mail order and irrespective of whether by remote sale, electronic transaction, free transfer or free distribution;
4.3.4 The right to send or forward the idea, and all works, performances and activities contained in the idea, to third parties irrespective of whether in โanalog or digitalโ form whether via data networks in the form of subscription or download services (e.g. by streaming, video-on-demand, near-video-on-demand, podcasting, webcasting, simulcasting, IPTV, mobile TV, push services (such as RSS feed, XML interface, etc.) and pull services of all kinds) or via traditional modes of transmission such as public or private broadcast, rebroadcast and repeat broadcast via radio, television and similar systems of communication and reception, electromagnetic waves, electronic devices, wire, cable, satellite, antenna systems, digital means of communications and other technical equipment, whether via the clientโs own means of transmission or via public or private broadcast companies;
These are just a few examples. By my reading Coboat/Jovoto have the right, even though I may retain IP rights, to commercially make available for sale or for free every aspect of the creativeโs project forever. And itโs unclear whether the creative gets any monetary reward. Thereโs a general mention of negotiating with the client. Once again, Iโm not a lawyer but thatโs how I read it. Iโm not casting aspersions. I just want to be clear on what I would potentially be signing by submitting a project. If i were using jovotoโs service as a creative in the manner of a freelancer looking to make some money crowdsourcing on a client-based project, I have no problem with that. It would simply be a job. As an artist though, submitting an idea for a personal project, it seems problematic.
Your response above is, I think a great one. Given what you are offering, which is an amazing opportunity, I think that statement is laudable, workable and generous. I also think it would be understandable that Coboat/jovoto would want the recipient to be part of a promotional campaign during the 100 days: blogging, tweeting, etc. I think that would be fun, as well. I just donโt think thatโs what the fine print of the project terms indicate. (Not to mention Jovotoโs Terms of Use, that must also be agreed to as well. And to which, I must admit, I didnโt dig deeply into.) I think the Project Terms means that while I may retain IP rights, as well as the rights to commercially exploit my creation, Coboat/Jovoto also have the latter right as well, in any manner they see fit, in perpetuity. Maybe Iโm wrong.
Brian
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