Copyright consent

[bmwmike]

Hello

Eldest, 15, entered a competition with a South Korean media company which involved submitting a singing video, and they got through the initial round, had an interview via video conference today, and the interviewer said they need this form signed and sent back same day in order to progress:

form said:

I ___ hereby grant XXXX full rights to use and distribute all video content I have provided for the following purposes:


1. Posting on social media platforms (Instagram, TikTok, YouTube, etc.) and any other media
2. Sharing with the communities that XXXX wishes to
3. Repurposing and modifying the content for promotional and educational purposes, including

I understand that XXXX may use the video content in perpetuity and across all media channels, including but not limited to online platforms, print materials, and presentations. I alse acknowledge that all intellectual property rights to the video content, including any modifications or derivative works created by XXXX, shall belong exclusively to XXXX.

By sharing this content, I confirm that have the necessary rights, permissions, and authority to grant this consent. I agree to indemnify and hold harmless XXXX from any caims or liabilities arising out of the use of the video content as described herein.

By signing below, I acknowledge that have read and understood the terms of this consent form and agree to its contents,

Name___

Bold bit - so what does this mean - if she sings a taylor swift hit, they post the video to their content partners, then get sued by taylor swift for copyright infringement they could come after us with compo sad face?

This media thing is totally not my bag so i'm naturally a bit nervous. Also, 15 years old - signing contracts - not in my day, etc.

This was all started as a bit of fun and i'm keen to support my kids in whatever endeavours, but i'm not sure if this is a scam building up or just a standard thing in entertainment? Am i being an old snowflake?

Thanks

[spitfire-ian]

bmwmike said:

Hello

Eldest, 15, entered a competition with a South Korean media company which involved submitting a singing video, and they got through the initial round, had an interview via video conference today, and the interviewer said they need this form signed and sent back same day in order to progress:

form said:

I ___ hereby grant XXXX full rights to use and distribute all video content I have provided for the following purposes:


1. Posting on social media platforms (Instagram, TikTok, YouTube, etc.) and any other media
2. Sharing with the communities that XXXX wishes to
3. Repurposing and modifying the content for promotional and educational purposes, including

I understand that XXXX may use the video content in perpetuity and across all media channels, including but not limited to online platforms, print materials, and presentations. I alse acknowledge that all intellectual property rights to the video content, including any modifications or derivative works created by XXXX, shall belong exclusively to XXXX.

By sharing this content, I confirm that have the necessary rights, permissions, and authority to grant this consent. I agree to indemnify and hold harmless XXXX from any caims or liabilities arising out of the use of the video content as described herein.

By signing below, I acknowledge that have read and understood the terms of this consent form and agree to its contents,

Name___

Bold bit - so what does this mean - if she sings a taylor swift hit, they post the video to their content partners, then get sued by taylor swift for copyright infringement they could come after us with compo sad face?

I would think that is exactly what that means, except you'll be the one getting sued.

[Simpo Two]

If it was me I'd bail out, because there's too much stuff there I can't be sure about and you don't know what might go wrong. Your daughter could also end up anywhere, eg on a Japanese Marmite commercial, and she wouldn't get a penny.

I suspect a lot of competitions are just a way for companies to get free material they can sell.

[bmwmike]

Thanks guys

As it happens she decided by herself that she couldn't agree to the terms, and also wants to aim higher so for the price of a bit of fun vs. signing away rights to her content, it wasn't worth it.

They [my kids] never cease to amaze and inspire tbh. I feel like a dinosaur but glad she came to the conclusion herself.

Cheers.

Edited by bmwmike on Friday 14th March 21:43

[alscar]

It's the second sentence in bold with the agreement to indemnify and hold harmless that is the issue.
Taken out completely and the rest of the form doesn't sound too extreme or unusual.

[Ledaig]

As it looks, it's a standard 'hold harmless indemnity clause'.

In other words (as as stated), if they get sued - and it is they who will get sued not you, you are indemnifying them against all associated damages and costs.

To be clear - you pick up the complainants tab and the media companies if they defend.

It could be somewhat expensive

In contract review, I generally only try to get these applied to limited areas of a contract which are legally required (i.e. death or injury through negligence), or seek to apply a limit to the value claimed usually to the maximum contract value.

[PhilboSE]

Apart from putting your daughter on the hook for all liabilities and costs (which means the XXXX company can engage the world’s most expensive lawyers, and you pick up the tab), if that’s a form you’re supposed to fill in in isolation (ie it’s not part of a contract set) then signing it would immediately hand over all rights to the XXXX company. So they could monetise the content and not pay a penny, and if there were any copyright issues then they flow those down to you.

It’s probably a way for XXXX to get some nice free content. She’s already made the right decision; do not under any circumstances sign and return that form.

[havoc]

Simpo Two said:

I suspect a lot of competitions are just a way for companies to get free material they can sell.

This. Lot of photography competitions are exactly the same - fishing for free stock photos.

Agree with all of the above posts on the excessive extent of the hold-harmless clause and the comment above ref. they're the only ones that can use it.

[bmwmike]

Thanks all, very much appreciate all the advice.

I'm really glad that she made the decision herself as I really didn't want to piss on her cloud, but it does seem like a channel for them to get endless content to satisfy the social media algorithms etc.

[Simpo Two]

I didn't like:

1. Posting on social media platforms (Instagram, TikTok, YouTube, etc.) and any other media
2. Sharing with the communities that XXXX wishes to
3. Repurposing and modifying the content for promotional and educational purposes, including (including what?)

What 'communities'?
Modifying the content - into what? Porn?

You have absolutely no idea what they would/could do with it.

[BertBert]

It's a pretty impressive and probably unenforceable contract.

They get the IP for free plus IP protection for it? Well don't for bit signing it.

[Simpo Two]

BertBert said:

Well don't for bit signing it.

BertBert said:

Well done for not signing it.

FTFY. Always read what you post

[carl_w]

BertBert said:

It's a pretty impressive and probably unenforceable contract.

Even more so once it's been signed by a 15-year old

[Nightmare]

Simpo Two said:

I didn't like:

1. Posting on social media platforms (Instagram, TikTok, YouTube, etc.) and any other media
2. Sharing with the communities that XXXX wishes to
3. Repurposing and modifying the content for promotional and educational purposes, including (including what?)

What 'communities'?
Modifying the content - into what? Porn?

You have absolutely no idea what they would/could do with it.

Worth noting that all of the above would happen whether or not she signed the contract.

Literally the ONLY bit of it they care about is the OPs Taylor Swift hypothesis.

You have absolutely 0 chance of doing anything about misused content had she gone ahead regardless of the contract.

Your daughter is very smart!

[bmwmike]

Nightmare said:

Worth noting that all of the above would happen whether or not she signed the contract.

Literally the ONLY bit of it they care about is the OPs Taylor Swift hypothesis.

You have absolutely 0 chance of doing anything about misused content had she gone ahead regardless of the contract.

Your daughter is very smart!

Thanks, I'll pass that on, she'll be delighted to hear.

Reminds me of when we signed her up for a kids climbing frame at an adventure centre, years ago, and it required a signature on a disclaimer form for accidents/fitness/no alcohol etc. She read the entire thing before we could sign it. Honestly. I don't think even many of the parents read it before signing on behalf of their kids.

[Simpo Two]

One day she might win a bottle of wine!
https://www.bbc.co.uk/news/articles/c84z2jqpvpko

On the downside, if she ever wants to install software she will be 40 before she's read all the small print