JPF Home Page Forums General Messages General Message Forum VH1 Contest for Original Singers/Songwriters

This brings up a new an interesting question which isn't directly related to this contest. Perhaps Stu, as the resident attorney here can offer his understanding.

Q: Can someone sign away rights in an agreement over the internet without actually "signing" something? I am sure there is already some type of case law surrounding that. People appear to agree to all sorts of legal documents every single day on line without signing their name. So what does the law say? Would it be a federal law since the net crosses all US borders? Would it fall under international law? Has there been any case law to suggest how courts might rule?

Q2: We've (both Stu and I) have suggested that it's quite possible these contests and websites etc. have no actual ill intent. So my question for Stu is do you see these types of lopsided contracts more to simply protect the contests/sites/networks themselves from getting sued rather than from any consideration of taking/pursuing action against the other party? I realize this is simply a theoretical discussion and not a factual one. No one knows what a given company might want to do, but I am curious Stu, since you work for all types of sides in legal matters, if some companies may draw these up really to simply protect themselves with no real thought or intent to go after someone else? (And of course we understand that once a deal is signed, they are free to change their minds later).

As for Tamera (that's your real name? Interesting.. you've never mentioned that to me in the 8 years I've known you) I'd have to put her talent as a songwriter and the quality of songs she's recorded herself in her main genre in the Top 1% of all the music we've come across in all the years of running JPF. She's being a bit modest. She's not only a previous winner for that particular song, but also has won 2 album awards, songwriter of the year and album of the year previously. She's not an amateur hack like most are who enter those contests. But even if she wasn't talented at all, I would have made the same effort to make sure she understood what was at risk. It's also very important to point out that most "contests" whether they are well known ones like The John Lennon SWC, The USA Songwriting Contest, Unisong, Billboard etc. or the various awards programs like JPF, CMA's, GMA's, Academy Awards, Grammy's etc do NOT require you to give up any rights whether you win or not. So we're not simply talking run of the mill contest here. We were actually talking to the folks at VH1/MTVN at the start of this of running the info in the newsletter. And we probably would have if not for the really unfortunate entry contract. We've covered just about ever legit contest, awards program or reasonable opportunity that has come to us in the newsletter at one time or another and certainly on a regular basis here on our site. To suggest we don't support all sorts of things is simply incorrect. We only raise red flags when the problems merit a red flag.

And FYI Tamera, we were discussing this topic here before you were involved in any way. So this wasn't simply about you entering by any stretch. On the contrary, it was after this discussion was well underway that we got your email about having entered and thought we should warn you. As they say, no good deed goes unpunished or unscorned.

Brian