Overreaching Clauses for Contest Entry Forms

By entering the Contest, entrants agree to assign their intellectual property rights to Sponsor and permit Sponsor to use the photos in any media, including the Internet, for any purpose whatsoever. Entrants who do not agree to this use should not enter this Contest.

Caveat contestant! This is from the terms and conditions of a photography contest sponsored by Better Homes & Gardens. The author gives up all her rights to the contest sponsor, who may use the photo in any medium and for any purpose. Because it is such a broad clause, it allows for the publisher to alter the photograph as well, even though this is not explicitly stated.

[Contestant(s)] irrevocably assign and transfer to the Sponsor and its agents, licensees and assignees all rights in the Video, including, without limitation, all copyrights; grant to the Sponsor and its agents, licensees and assigns the right to reproduce, publish, broadcast/use, adapt, delete, edit and/or modify the Video in any manner or format, for any programming, publicity, advertising and promotional purposes, and in any and all media worldwide in perpetuity, in all languages and versions, and without additional consideration, [Contestant] unconditionally assigns and transfers all ideas, concepts, copyrighted materials and trademarks contained in the Video and any and all rights including “moral rights” in the Video to Sponsor and its agents, licensees and assigns. Sponsor and its agents, licensees and assigns have the right to use, assign, modify, edit, adapt, dispose, and electronically alter the Video, including bur not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce them, in whole or in part, without compensation or additional consent from me or any third party.

I unconditionally assign and transfer all ideas, concepts, copyrighted materials and trademarks contained in the Video and any and all rights including “moral rights” in the Video to Sponsor and its agents, licensees and assigns. Sponsor and its agents, licensees and assigns have the right to use, assign, modify, edit, adapt, dispose, and electronically alter the Video, including bur not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce them, in whole or in part, without compensation or additional consent from me or any third party.

Caveat contestant! This is a release form from a song-writing contest. The contestant who sends in a video of herself singing her song assigns all the rights in the video to the sponsor of the contest (the "Sponsor"). The sponsor can then make every conceivable kind of use of, and make any kind of change to, the video, throughout the world, forever, and without paying the contestant. The rights transferred to the do not appear to be limited to the exploitation of the video, but would include the rights in the music apart from the video.

Furthermore, it says that the entrant transfers any copyrights she holds in the video she is submitting to the sponsoring company and that the sponsor may use the video in any way it wants without paying the contestant anything. It also mentions that the contestant assigns any moral rights she may have in the work. The United States does not recognize moral rights per se and, therefore, this clause is moot. (For more information on moral rights, click here.) (Furthermore, it should be noted that moral rights cannot be assigned in jurisdictions that do honor them.)

[Contest Entrant(s)] [4] irrevocably assign and transfer to the Sponsor and its agents, licensees and assignees all rights in the Video, including, without limitation, all copyrights; [5] grant to the Sponsor and its agents, licensees and assigns the right to reproduce, publish, broadcast/use, adapt, delete, edit and/or modify the Video in any manner or format, for any programming, publicity, advertising and promotional purposes, and in any and all media worldwide in perpetuity, in all languages and versions, and without additional consideration, except where prohibited by law;

[Contest Entrant(s)]warrant and represent that the Video for this Contest is wholly original and my own creation, and that I am the sole owner of all rights (other than Sponsor’s) relating to the Video. I unconditionally assign and transfer all ideas, concepts, copyrighted materials and trademarks contained in the Video and any and all rights including “moral rights” in the Video to Sponsor and its agents, licensees and assigns. Sponsor and its agents, licensees and assigns have the right to use, assign, modify, edit, adapt, dispose, and electronically alter the Video, including bur not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce them, in whole or in part, without compensation or additional consent from me or any third party. If moral rights are not permitted to be transferred to any third party under applicable laws, I will not exercise moral rights to Sponsor and its agents, licensees and assigns without compensation or additional consent from me or any third party.

Yet another example of a contest entrant relinquishing all their rights to their work. Here, the contest sponsor has included the assignation of any moral rights. The United States doesn't recognize moral rights (except in limited circumstances relating to visual works of art).