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Dispute: 4. WINNER REQUIREMENTS/OBLIGATIONS. of the Make a Hit Contest III

UserPost

11:34 am
June 30, 2009


audiosift

Initiate

Posts: 29

NY, NY

1

“4. WINNER REQUIREMENTS/OBLIGATIONS. Each entrant agrees and acknowledges that all right, title and interest in and to the entry and any materials or information supplied by entrant to Shadowville Productions in relation to the Competition (collectively the “Materials”), including without limitation any and all intellectual property rights therein, are co-exclusively licensed and assigned to Shadowville Productions. Shadowville Productions shall co-exclusively own all rights to in and to the video, lyrics, vocals, and master recording therein. Shadowville Productions has the right to edit, adapt, modify, publish, promote, and otherwise use or not use the entry and the information contained therein in any way, in any media throughout the universe, without any compensation to the entrant. Entrant agrees to do all things and execute all documentation necessary to effect the assignment and/or waiver herein described. The entrant acknowledges that: (I) Shadowville Productions has no obligation to use, publish or exploit any Materials, including the songs or videos submitted by the Competition winners; (II) OTHER THAN AS SET FORTH HEREIN, SHADOWVILLE PRODUCTIONS OR ITS ASSIGNS MAY COMMERCIALLY EXPLOIT THE MATERIALS WITHOUT LIABILITY OR ADDITIONAL CONSIDERATION OF ANY KIND TO THE ENTRANTS. Shadowville Productions shall immediately have co-exclusive ownership of the copyrights of all submitted works from users. As such any entrant, who is currently signed to an exclusive recording agreement, should not submit songs or videos to this contest without the prior written consent of the label to which you are signed. At no time may an entrant use any content, specifically including but not limited to the imported beats, for their own use, in a commercial capacity unless proper licensing is obtained. All information on the site belongs exclusively to Shadowville Productions and may not be used in any way outside of the confines of the game without permission. Any entrant found to be using such content inconsistent with these rules will be immediately removed from the game and subject themselves to liability at law or in equity. Shadowville Productions will file claims, prosecute and vigorously pursue any and all users that are not in conformity with the rules and regulations of the game. Shadowville Productions will also assist plaintiffs who file civil suits against another entrant for a violation of any intellectual property right protected under US copyright law.”

I monitor every single online rap or R&B competition and I must say, the whole section quoted above is unreasonable, even for a contest which does not include an entry fee. Shadowville co-exclusively owns the rights to the video, vocals, masters, lyrics AND holds the right to “modify and edit” your submissions? This basically translates to the entrant potentially receiving no credit to his or her entry if shadowville chooses to do so. Though I dont think shadowville will actually put an artist in a position where they are discredited for their work, I really think you should revise this so that there are limitations to what shadowville can edit or modify. It should be put in writing that the promotion of any entry will represent BOTH the artist and shadowville.

audiosift.com sponsors talented unsigned artists in online song and rap contests or competitions. Check us out at www.AUDIOSIFT.com - DJ Sift


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11:55 am
June 30, 2009


Slantize

Posts: 859

Brooklyn, NY

2

Post edited 11:37 am - June 30, 2009 by Slantize


The artist still retains all their rights. The keyword here is “co” in “co-exclusively.” This means by participating in the contest, Shadowville has the right to do anything with the submission as much as the participant could. It does not state that Shadowville does not credit the author — in fact we do have to credit the author because by default we have to do so since we did not state it in the fine print here. Merely it states that Shadowville does not have to actually pay the contestant in order to use or distribute the submission.


“Modify and edit” has nothing to do with not giving the contestant credit (although I don't see how we could get away without giving the contestant credit when the contestant's face is in the video itself). It just means we can excerpt clips of the video or insert additional clips into the video, really.

Art is the Ability to Control Other’s Emotions With Your Mind.

12:24 pm
June 30, 2009


audiosift

Initiate

Posts: 29

NY, NY

3

Well it's up to the artist on how they choose to record their video.

The hypothetical possibilities are endless.

audiosift.com sponsors talented unsigned artists in online song and rap contests or competitions. Check us out at www.AUDIOSIFT.com - DJ Sift

12:34 pm
June 30, 2009


Shadow

Posts: 5957

Somewhere near a bunch of beavers….

4

i dont see the problem here? the artist will choose how they record their video and to what creative level they want, Shadowville wont pay us for the video which is very very reasonable as we're not paying Shadowville to even enter, yet if we win Shadowville is providing a handsome reward to the grand prize winner, and i believe rewards to the runner ups. So i think thats completely fair. If they take pieces out or add pieces in whats the winner have to lose? their video their face their song will still be there, and their still going to be the winner. So again i see no problem.

I don’t own Shadowville

1:06 pm
June 30, 2009


audiosift

Initiate

Posts: 29

NY, NY

5

This applies to not just the winner but to all entrants. Even if you dont win, your entry is co-exclusively owned by another entity. I seriously doubt anyone here understands the effects that may result from co-ownership so I will not elaborate. Simply put, the adapted language of this contest was not necessary.

audiosift.com sponsors talented unsigned artists in online song and rap contests or competitions. Check us out at www.AUDIOSIFT.com - DJ Sift

1:07 pm
June 30, 2009


JG of Hartless Ent.

Veteran

Posts: 401

Stockton, California

6

lol i love how tha only time some ppl leave uh post is to be controversial

3:11 pm
June 30, 2009


D MIC aka SLEDGE

Veteran

Posts: 421

Rose Park, SLC, UT, USA

7

I know right???


I do understand the results of Co-Ownership here… and the main thing… is that for 90% of those entering the contest… THE BENEFITS OF EXPIOSURE outweigh THE RISKS…

MIND OVER MATTER

3:42 pm
June 30, 2009


Rozwell©

Master Shadowvillian

Posts: 3294

Abortion Clinic in the Witching Hour…

8

Who the f**k cares… you're using SVP's beats, on their site, and getting free promo, plus an opportunity to win free stuff… I see no problem… I write 3 songs a day…

4:21 pm
June 30, 2009


Slantize

Posts: 859

Brooklyn, NY

9

Post edited 3:27 pm - June 30, 2009 by Slantize


audiosift said:

This applies to not just the winner but to all entrants. Even if you dont win, your entry is co-exclusively owned by another entity. I seriously doubt anyone here understands the effects that may result from co-ownership so I will not elaborate. Simply put, the adapted language of this contest was not necessary.


Unforunately it is necessary and the easiest way to protect Shadowville.com from legal liabilities. Additionally, half the song is comprised of a Shadowville beat. I only see fairness here that Shadowville owns half the right.

Art is the Ability to Control Other’s Emotions With Your Mind.

4:31 pm
June 30, 2009


Inseveral

Shadowvillian

Posts: 1915

10

i agree. even if they co own the rights, its still your voice and vid with ur face.. notl ike thye can say its them lol

I am Rob Grounds