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This is not a contest... but we own you now.
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Here we go again. I just found in my inbox a chance to “apply” for a research environmental experience, through a career/networking site… When you get down to it, its a photo contest. I had to read on, cause I was truly thinking, I can nail this…
But when I got to the rights section, I knew that it would say that they can do whatever they want with the image. But I was shocked to see that they not only do just that, they also state in there, as I interpret it anyway, that you also are transferring the copyright to them directly.
At the link here, http://www.experience.com/alumnus/channel?channel_id=earthwatch&page_id=official_rules
It says: 4. Rights and Releases
(a) By submitting an Application, all Applicants irrevocably transfer and assign to Experience all right, title and interest in the Application (including, but not limited to, all copyright and intellectual property rights) in any and all media, locations around the world, and derivatives of the original work in perpetuity.
(b) By submitting an Application, Applicants grant permission to Experience to use their names, likenesses, photographs, voices, answers and/or biographical information in connection with the Program and for all publicity relating to the Program without additional compensation. Applications will be used and shared on the site and in publicity materials for the duration of the Submission Period and after.
Does anyone else get out of this that you are essentially not only sharing your copyright with them, you are giving it completely away? Then what can you even do with the image after that, its not yours. Someone please correct me if I am wrong.
by
Rene Edde
at
Thu May 24 04:02:32 UTC 2007
(ed. Mar 12 2008)
Chicago, IL,
United States
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Its getting worse and worse, I just turned down a Art Director position at an advertising agency who tried to get me to sign a contract saying that upon termination of employment I wouldn’t be able to work in the industry (in any way) for a period of 6 months. So Im just not going to work for six months? sit on my arse and mope around the house while I wait out this rediculous contract. Not the way to build and hold onto a dedicated team of creatives. Sooner or later these companies are going to have to learn (be told over and over again) that if you are put these rediculous clauses in contracts then you are not going to get quality and/or creativity.
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What the …? That is one of the most rediculous thingsthat I have ever heard. I can imagine its going to a: take them a long time to fill that position. and b: they aren’t going to attract the best candidates for the job.
Just goes to show you gotta read the fine print!
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Nathan,
Non-compete clauses are not that uncommon for design jobs. By law, at least here, there have to give a specific time frame and radius, as to make it so you can’t compete, but aren’t completely eliminated from working. My former employer tried to get me to sign one after I had been there for a year. It was even more crippling. It stated that I couldn’t contact customers or, get this, vendors that the company had relations with.
I refused. She threatened firing. I called her bluff. She backed down. I quit.
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Brian, non-compete I could understand and would of had no problem signing but exclusion from the industry was well beyond me. I know people who’ve signed similar contracts and just simply ignored it when moving on but all the same Im not interested in working for a company that has that kind of attitude towards its staff.
A good mate of mine here in Tokyo works as a freelance industrial designer, working mainly on mobile phones and other similar gadgets. He was approached by design firm who wanted him to sign a 2 year non-compete contract on a freelance job before they would even tell him who the client was or even how much money was involved. He refused only to find out later that it was a client that had already worked for and had more work planned in the pipeline. These types of deals are totally underhanded, its about time creators started telling these fools where to go.
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Nathan -
I hear you. They are slimy, underhanded, expletive, explative, piles of expletive.
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