Advice needed on Contract

Hello all,

I've been busy working on my entry for the Immersive Storyworld competition on Circalit. Here's the webpage with background info:-

http://www.circalit.com/projects/competitions/immersive

My problem is that I had a look at the terms and conditions and I'm not sure what the following legalese means in point 6:-

6. You own the copyright to your Competition entry as its author but You acknowledge that the winner will be expected to assign all rights in the storyworld submitted to Portal Entertainment Limited.

Can someone explain what this means? And can they offer advice on whether it would be a good or bad idea to enter the competition based on the above condition?

I welcome your help.

Many thanks!

I'd say it means that you own your entry until you win, and then they own the world you've created because you sign over your rights to the company. I'd assume they would then negotiate some royalty in addition to the £6k prize if the whole thing works, but they don't say that, so it could be £6k and kudos.

It basically means that you own the copyright but will sign it over to them in exchange for the 6k payable in development stages for development in all media. Film, book TV, action dolls, calendars, whatever, as far as I can tell. But no mention of contract or fees for all those rights apart from the 'prize'. That's how it reads to me.

By Kudos you surely meant Bupkis Micheal??

So, as stated by the eminences grises above, if you win you get the prize money but that is it. They get to exploit the work.
I haven't read it all myself but the other clause that someone higlighted I thought was also a risk as it effectively states that we'll happily rip off any other entries because you can't prove that we didn't have something similar in development. Now they may be a wonderfully reputable organisation who wouldn't treat people like that but it's a chance you'll have to take.
Best of luck.

This is such a great forum! Advice directly from people with experience in the industry. Thank you both for taking the time to explain this.

It really does do my head in to think that having spent a hell of a lot of time researching and developing a whole storyworld, I'd only receive 6k while the company running the competition could earn millions if my creation were successful.

I take it you both think it's wise to avoid the comp?

Well it might not be the case Evan and I can't see any court upholding their claim if you decided not to assign all rights to them - without them saying what they would pay you for said rights ahead of time and what the deal was broken down area by area. Think of the pig in a poke. Maybe mail them and ask for clarification?

Prizes and developments and options and what not in competitions is a very muddy area. Everything thing should always be clear and when it isn't you are right to seek clarification.

Thanks, Marc. Reading the clause again it does say that "you will be expected to assign rights" so I guess this gives me the freedom to say "No, thanks" or at least begin a bargaining process. So, there should be no harm in entering the competition. Odds are I'll lose anyway so it probably won't be an issue.

But I'll do as you say and get in touch with the company for clarification.

Once again, thanks for your help on this.

No worries, good luck with it!

Indeed, good luck with it.

Quote: evan rubivellian @ October 22 2011, 2:21 PM BST

It really does do my head in to think that having spent a hell of a lot of time researching and developing a whole storyworld, I'd only receive 6k while the company running the competition could earn millions if my creation were successful.

View original

If your idea earns millions, you'll be able to pretty much dictate whatever you want for your next project, however shit it is!

Don't worry about it until you win, is my advice.

Dan

Quote: evan rubivellian @ October 22 2011, 2:32 PM BST

Reading the clause again it does say that "you will be expected to assign rights" so I guess this gives me the freedom to say "No, thanks" or at least begin a bargaining process.

View original

They'll remind the leading participant of this 'clause' BEFORE the winning entry is confirmed. If that person chooses to remain the rights holder, the prize will be awarded to someone else. (Probably.)

Quote: swerytd @ October 22 2011, 4:11 PM BST

Don't worry about it until you win, is my advice.

View original

Agreed. Concentrate on the job in hand. Any mention of billion dollar franchises at this stage is borderline mental.

Thanks guys! I appreciate all the helpful advice.