mojo43 Posted February 6, 2015 Share Posted February 6, 2015 Does anyone have any experience with Clapway? They wanted to show a piece of mine on their front page, which is fine, but they have this crazy terms of use:http://clapway.com/submission-form/Specifically this section:"Each Artist uploading Video Content to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform, publicly display, create derivate works of, communicate to the public and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Creative Work and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Creative Work on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without ..."I guess I am just wondering what I am really giving up rights to... Quote Link to comment Share on other sites More sharing options...
dhessel Posted February 6, 2015 Share Posted February 6, 2015 Seems like if you upload it there they can do whatever they want with it. If you are OK with that then go for it, if not then don't. Quote Link to comment Share on other sites More sharing options...
mojo43 Posted February 6, 2015 Author Share Posted February 6, 2015 Ya, that's what I read into it as well...This is what they responded with:Essentially, what that means is that we can promote your film (in association with you as the filmmaker) on either our main platform or any of our subdomains. You will not be giving up the right to the film. By "exploit", we mean that we (Clapway as a company) can use your film for promotional purposes and distribution to the public.This sounds fair, but the terms read a bit differently to me. Quote Link to comment Share on other sites More sharing options...
Wavehog.Films Posted February 6, 2015 Share Posted February 6, 2015 I read through the terms and wondered why anyone would ever agree to something like that ...until I got to the part about collecting 30 to 60 percent of their advertising revenue : ) So, you give them non-exclusive, royalty-free and worldwide but terminable rights to your work, and they pay you? (Terminable because, "license shall be perpetual, unless terminated by Company or Artist. To terminate this agreement, Artist must notify Company by email content@clapway.com or clapway@gmail.com AND certified mail to 195 Plymouth, Unit 6/17 Brooklyn, NY 11201.") Your ability to monetize the video relies on payment for the "Artist's Music." The term is not defined and it's not clear what is intended. But, their website does not seem to place ads over videos anyway so any anticipated advertising revenue may not materialize even if the agreement is tightened up. Do they simply generate revenue from the services offered in their "Marketplace"? Under the terms, you do not share in that revenue. Moreover, nothing stops them from promoting your video on their YouTube channel. Unfortunately, the terms expressly shut you out from any revenues they collect from YouTube/Google. Finally, I haven't checked recently, but I thought that under YouTube's terms, videos uploaded there gave Larry and Sergey non-terminable (really "perpetual") rights to the uploads. Perhaps others know more about that. My question would be, what do you hope to get out of it? Best,Andrew Quote Link to comment Share on other sites More sharing options...
mojo43 Posted February 6, 2015 Author Share Posted February 6, 2015 Thanks for the insight. Mostly I would be looking for more views as it generally brings more work to me. But I am thinking I am going to steer clear of this one. I don't think it will bring much but maybe promotional views for their company. Quote Link to comment Share on other sites More sharing options...
leeys Posted February 8, 2015 Share Posted February 8, 2015 Most video sharing sites use such terms of service. It enables them to publish your work on their sites.YouTube's:For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Quote Link to comment Share on other sites More sharing options...
mojo43 Posted February 9, 2015 Author Share Posted February 9, 2015 Huh, that's interesting. I had no idea that youtube's agreement was written like that. Thanks leeys! Quote Link to comment Share on other sites More sharing options...
leeys Posted February 10, 2015 Share Posted February 10, 2015 Huh, that's interesting. I had no idea that youtube's agreement was written like that. Thanks leeys!No problem. Thing is they're all like that because otherwise they'll get sued. I'm a bit lazy to break it down but basically they need your permission to display your work, on any part of the site (else things like search and related videos features and what not won't work), and have it copied to any of their servers because of technical issues like redundancy, load balancing, backups, plain execution of service, and what not. Quote Link to comment Share on other sites More sharing options...
mojo43 Posted February 10, 2015 Author Share Posted February 10, 2015 Ok, I guess that makes sense. thanks again.... Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.