On Networks Challenge Ideas

[Joel Mark Witt (Chief Architect)]

Okay - here is who is doing what so far:


GARDENING:
Jordan Brauner (registering his name)
Mike Nguyen
Barrett King
Todd Evans ?

Brainstorms...
urban gardening
gardening in small spaces
gardening problems
cool gardens [cool hunting style]

David thought of Renegade Gardening

PETS:
Dave Zake (registering his name)
Brett Wooldridge
Crystal Berger
Chris Baines

Brainstorms...
coolest pets in history
pet spies
cooking for/with pets
dog walking
obedience training

[Barrett King]

Just a thought: I have done legal work with some musicians in the past, and the content of my personal blog (www.anygiventuesday.info) and the Any Given Tuesday podcast I do with SEN Baltimore (www.senbaltimore.com) is exclusively music-based, so I know I can get some podsafe music from bands and DJs, etc, for use in the videos. I can navigate the licensing and permissions.

I'm reviewing the legal terms as I write this. As always, it's verbose, not well-written, and totally boring. Important to note: (1) "All submissions become property of the sponsor. Non-winning entrants may, however, develop and distribute a similar, but not the same, concept or program as the submission after October 21, 2007." -- What this means is that once you submit these videos, it belongs to ON Networks. Even if we don't win (IMPOSSIBLE, right, Joel?) you can't use what you've already recorded later. You can run with a "similar" concept or program, but you essentially give ON Networks your ownership rights in the actual video submitted. They keep it, and you can never legally redistribute those videos. For any reason, whatsoever. You don't have any ownership in them. You own the IDEA, but not the work product you submit.

(2) Others may "submit or make public, similar or identical ideas, concepts, or material which we shall have the right to use, and you understand that you will not be entitled to any compensation because of our use of such other similar or identical material. You hereby hold them harmless and indemnify us against any course of action for similarities in any work." If someone at ON sees the video and steals the concept, you can't sue ON. Ever. That's not to say you can't pursue your rights against the thief.

(3) Nothing in there about the "quasi-legal" stuff like seed-bombing. But ON reserves the right to make a decision not to allow that or anything else like that into the contest. I'd err on the side of caution.

(4) And, when (not if) we do win, I have no idea what the contract for the winner is going to look like. The show winner won't have much room to negotiate the terms, but I can try if we do win. Protecting ownership in intellectual property is key, though the work product will definitely belong to ON Networks.

As Joel requests being attached to the production team for the winning program, I would be happy if I could receive a legal credit for my legal advice. If anyone has further questions, post them here or in a new thread, and I'll do my best to help out.

[Joel Mark Witt (Chief Architect)]

Barrett,

I think it is only fair that you get legal credit for whatever team wins.

The music idea is great! If you can spearhead this you should get credit as well for that.

I am a little concerned about us not being able to use the content that does not win after they reject it. Can we just scrap the first to shows and go forward with more afterward but keep the same name - concept etc - right?

Having said the above - I will comment that - I think a creative writer - musician - podcaster has value in what he CAN create - not what he HAS created. I believe in the talent of FMB people more than I believe in any particular show we come up with. But I agree we still need to protect our rights as creators.

What do you think they would do if we still used the shows we create - sue us? I guess they could legally do that - but would it be worth it to them?

[Barrett King]

Whatever type of music folks are looking for, let me know. I don't want to go contacting metal bands if you guys are thinking about down-tempo hip hop for your videos!

As for your question, Joel, my interpretation is yes, you can scrap the shows because you've signed away the content, not the concept. And yes, if you use the content you no longer own, you'll (whoever uses the video) get a cease-and-desist, and potentially, a lawsuit. At the personal level, as FMB is not a legal entity of its own. Practically, it's a wash for them to sue an individual for using the video, unless it becomes wildly successful and you try to sell it to NBC, for example.

So, your entry fee is your video. I don't think it's entirely unreasonable, it just sucks.