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Real Deal
by Brian Austin Whitney - 05/07/26 01:38 AM
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Flyte
by Gary E. Andrews - 05/06/26 05:36 PM
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Joined: Mar 2002
Posts: 4,297
Top 100 Poster
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Top 100 Poster
Joined: Mar 2002
Posts: 4,297 |
I'm not sure they are intentionally overreaching in developing these contest rules. They probably just tried to develop some wording that would prevent a contest entrant from coming back at them later and claiming that the contest company was doing something with the song without permission. An additional problem that nobody seems to be considering is ongoing implications of entering into a contest such as this. For example, if the song is good enough to eventually become part of a publishing deal, or you get a recording contract and you want to use it, you can't assume that the contest company has abandoned its rights even though they never did anything with the song. Each of those deals (publishing, demo, recording, etc.) usually requires that the artist/composer sign an indemnification agreement stating that there are no prior incumbrances on the music. In other words, you have to represent in writing that you have the complete rights to exploit the song. Maybe it's been six years since you entered the contest and the contest company didn't do anything with your song, but you still can't sign the subsequent agreement because to do so would be an outright misrepresentation. It would have been better if the contest rules included a time limit for their ownership of your song. Otherwise, before you sign the subsequent deal, your attorney is going to be charged with the task of trying to get a written reversion of the rights from the contest company, which is going to cause an inordinate delay, (if he/she can get if for you at all). Stu, Some great points you brought up! I suppose it wouldn't be so bad if only the "Grand Prize" winner would win the prizes, recogniztion and publicity in return for "giving up" his/her song rights, but what really bothers me is that all the "losers" could have a real hassle trying to get their songs back through a written "reversion of the rights" from the contest company. They should state right up front that if your song isn't used, you immediately get back all your rights. Even for the winner(s), isn't there some "loop hole" they can use to still record & sell their song without having to pay mechanicals to the contest company? That would only seem fair, right? For example, if an artist plays that song at all their concerts and then sells CDs with that contest winning song. BTW, the same site also runs another contest, something about "Making The Band". Those rules are on this page: http://talentload.tv/doc/AuditionItem # 10. talks about a Non-Exclusive License. That agreement seems much more reasonable than what was quoted above. Seems like "talentload.tv" is running a number of similar kinds of song/band contests and each one has it's own rules and terms. It would be better and less confusing if all those contests had the same (but fair) terms instead of entirely varied and different terms. Michael
There's nothing remarkable about it. All one has to do is hit the right keys at the right time and the instrument plays itself. -- Johann Sebastian Bach MichaelBorges.comLicenseQuote.com
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