John - I would warn against all of them.
There are usually two big signals for suspicion:
1. the “send me your money” bit
2. the “sign over (some of) your rights” bit
Now, admittedly, without 1 + 2 the business model for all these talent-search-song-contest-promo-stunts falls right over. Even if they have established a reputation for being “genuine” or “a good opportunity” I just can’t imagine them being able to work any other way. Maybe the BBC, being a publicly funded body, may not feel the need to levy an entry fee or a service charge for their contests – but rights have always got to be on the table. Nobody stands a chance of being able to do what they promise with your material without you giving them the right to use it.
You have to weigh up the costs and potential benefit for each – see if it’s worth it – and remember that it’s like buying a lottery ticket with the very large difference being that, in the unlikely event that you are a winner, they still need the right to exploit your success from a purely business point of view.
And what's your chances of winning the lottery?
At the very least, keep your eyes wide open, have your wits about you, and wear protective clothing.
Then again, I am a cynical old bastard.
Steve - None of those provisions are the least bit unusual.
#3 is simple admin policy: they figure to be overwhelmed with entrants and loads and loads of stuff for which they can't be expected to be responsible personally and return every little paper clip and cd and bio to all and sundry – think of the burden - so they state up front that they own the actual physical copies of whatever you’ve submitted – simple – no mention, no suggestion, and no intention to have “rights” in the content – just a reminder you might never get back what you sent ‘em, so better make sure to keep a copy yourself – good advice.
#6 – and no, of course they aren’t joking – this is another quite sensible and normal bit of legal bollocks – it means that if you submit something they end up using, but you’ve nicked it or pillaged it or plagiarised it or otherwise sampled yourself into an infringement of someone else’s rights on the way, then the Beeb’s ass is covered – and quite right, too.
#7 says nothing about division of royalties or ownership of rights – so that’s the bearing this clause has on those areas – nothing! – all it says is they want the freedom to bugger about with your piece explicitly and specifically for use on their internet services.
Who is going to do the buggering? – obviously they are – who else?
Will your agreement be sought? – if you sign it, your agreement won’t be necessary.
Also perfectly normal.
#8 – not that you have to agree to it, but it seems almost everybody expects you to waive your moral rights these days – it’s about being able to bugger about with your stuff again – they just want to be free to do what they, in their infinite wisdom, think they need to do to flog the concept - and they don't want you getting in their way.
Expecting you to waive moral rights is perfectly normal.
It's the basic belt to support the additional braces for #7
We are right not to like it, and right to expect to be consulted about potentially dodgy usage – but it’s still quite normal to be asked to give it up.
So why would Ray Coleman say these provisions are unusual?
Beats me.
At its worst, my cynicism can also extend to the ISA.
Lazz