Legal Question in Intellectual Property in New York
Signing away copyright?
I am considering entering a contest which has the following terms:
''. . . By submitting a manuscript, you hereby grant the Sponsors [et al] the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the manuscript (as such may be edited and modified by the Sponsors in their discretion) for editorial, commercial, promotional and all other purposes, including posting on Sponsors� websites. In addition, you hereby assign to the Sponsors all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the manuscript. [. . .] You waive any right to inspect or approve uses of the manuscript or to be compensated for any such uses.''
If I enter, am I signing away all my rights to my manuscript and any royalties?
5 Answers from Attorneys
Re: Signing away copyright?
In a word, yes. This clause takes away just about all of your rights under the US copyright law, except, perhaps, your right to be listed as the author of the piece.
In fact, it may give them the right to sue you if you publish elsewhere (I don't know what you omitted in the [...].
Pretty stiff entry fee for a contest....
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
Re: Signing away copyright?
You're certainly waiving the right to compensation from them, and granting them the right to make the enumerated uses. However, the clause is ambiguous to the extent that it does not purport to grant an exclusive license.
This may be either sloppy drafting or intentional - it's impossible to tell.
Re: Signing away copyright?
You are assigning everything. Don't do it. Contests should not be seeking this kind of thing. Go to scriptpimp.com and inktip.com both of which are reputable.
Re: Signing away copyright?
Yes.
Re: Signing away copyright?
Yes; don't send in your work to them. Mr. Mark have made a very good suggestion.
Related Questions & Answers
-
Notice of order what is a notice of order Asked 6/10/07, 9:16 pm in United States New York Intellectual Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
