Copyright Question

[Richie_d]

Hello all and Happy New Year!

I'm thinking of entering a poem in a themed competition about climate change being run by Harper Collins. However, in the terms and conditions it says that if your entry is successful the copyright will be transferred to Act On CO2--the organisation promoting the control of CO2 emissions.

So, is it a good idea to enter the competition? Is it normal to transfer your copyright in competitions of this sort? I thought that author always had copyright of his work.

Many thanks in advance for your thoughts on this matter.

Richard

 

[Pyan]

A quick Google of transferring copyright competition winners seems to show it's quite a common condition, Richie.

Perhaps the prize and the publicity are considered to outweigh the loss of the copyright on that poem.

As for the legality of the rules, I would have thought the promoters would have put them through their own legal departments before publishing them.


Welcome to the Chrons, by the way - hope you stay and have a look round now you're here!

 

[Richie_d]

Thanks!

 

[Richie_d]

Actually, just did a bit of googling and most of the competitions I've found state that copyright remains with the author or reverts after a period of one year. They only ask for rights of publication. I'd appreciate any more opinions on this. Thanks.

 

[HareBrain]

Perhaps the prize and the publicity are considered to outweigh the loss of the copyright on that poem.

I assume this is the reasoning, but anything that seeks to permanently remove copyright from the writer is a bit suspect, IMO. I'd guess it comes from the world of advertising, where copy-writers never retain copyright.

 

[The Ace]

Exactly, RD, you own copyright on your work, anyone who wants to take it away should not be trusted.

Copyright can only be given freely by the owner and remember, any reputable publisher's contract will include a clause that copyright remains with the author.

They're asking permission to rob you. If you can't keep copyright, don't enter.

 

[chrispenycate]

All right, this comes from the music industry, not writing, but I suspect details carry over; there's probably a difference between countries.

In Europe, intellectual rights on music are inalienable. You can't sell them, or give them away, merely rent them out for a while.

Oh, you can sign away all income generated by, in perpetuum, or guarantee not to use the work for anything else, but the actual composition is permanently in your name, even if you were employed by the society who commissioned it.

In the United States, a society can buy all the rights to a piece, and declare it in the name of a fictional being, say 'Coca Cola, inc.'. They can then do anything they want with it, without the original composer having any say in the matter.

What difference does this make? After all, if you've asked John Williams to write the music for your film, you've asked in advance for the right to use the music for gaming spinoffs, and you're using his name as a sales argument, anyway: and Fred Nurk is delighted to get a lump sum for his advertising jingle, rather than wait for the royalties to trickle in from the various countries.

One slight change; the registered composer of a piece can accept (or refuse) its use in a pornographic performance (and what prude had that written into the law a century or more ago?) And don't even ask me why a producer might want the strains of 'It's the real thing' during the sweaty grappling, when it manifestly isn't, but stranger things have happened in music publishing.

Stateside lawyers assume that their system was handed down on stone tablets from on high, and have frequently produced contracts that were discovered illegal after the money had been paid. Of course, you'd have to be a very sneaky, unprincipled musician to take advantage of the fact but, guess what? Such creatures do exist (though rather fewer than the unprincipled, sneaky lawyers, methinks.)

 

[marklord]

In publishing terms if you grant copyright you won't ever be able to submit it or publish your poem anywhere else with out asking the copyright holder for permission. If you think you might want to publish the piece elsewhere in the future - even on your own website, then don't assign copyright!

Publishers in the field that I work in, scholarly publishing, often issue a licence to publish for authors who want to retain copyright - perhaps ask if this alternative is possible as well if you want to keep copyright and enter the competition.

 

[TheEndIsNigh]

Also it might be great to think that you're saving the planet with your little ditty but if it becomes the slogan for another campaign sometime down the line and you learn they are raking in great dollops of ready cash from your (Not always the one that wins*) poem are you going to be happy. I doubt it especially if it's sold to say the

"Burn More Carbon and Fossil fuel company"

Which of course you will have no say whatsoever in agreeing with.

* I have seen a few competitions that help themselves to the copyright on any entries (can't quote examples but advertisment slogans are common in this)

I suspect these are fishing exercises to get as many people giving them ideas without actually paying for it.