NYC/NBCUniversal Pro-Copyright Propaganda Contest For School Kids: Facts Not Allowed And Your Rights Don't Count
from the that-doesn't-seem-right dept
There has been plenty of concern recently about companies sneaking their own marketing material or one-sided corporate propaganda into schools. And while some may differ on how big a problem this is, I think most people would agree that a local government shouldn't be aiding the process -- especially without revealing the corporate sponsor. And yet, that appears to be exactly what New York City is doing. And, to make it even more ridiculous, they're doing so by putting forth a corporate-sponsored contest about the importance of copyright... and hiding in the fine print that by entering the contest, you may be giving up your own copyrights.You may recall that, last year, New York City began running a dreadfully misleading (and at points downright false) ad campaign to try to "stop piracy in NYC." At the time, we suspected that the campaign was really put together by NBC Universal, and the city did nothing at all to check the veracity of the claims used in the PSA. It later took a freedom of information request to the city to reveal that, indeed, the StopPiracyInNYC video campaign was actually "owned" by NBC Universal.
We were troubled to learn that the Federal Government, in the form of Homeland Security's ICE division, had also started using the same videos, never once mentioning that they were NBC Universal's videos. That's troubling enough, but it's even worse to find out that New York City has ratcheted up the campaign, still using the same NBC Universal video with false claims in it, and going into city high schools and colleges, asking students to create their own bogus propaganda video that repeats NBC Universal and the MPAA's debunked talking points.
In fact, the contest rules (in the smallest print possible) make it clear that if you produce a video that provides actual facts about how piracy has not harmed the industry -- but a failure to adapt has -- then your video won't be considered. Every entry will be given a series of points, and the single biggest point category is if the video "clearly advocates against digital piracy and content theft." So if you make a video that advocates that NBC Universal and the other major studios stop whining and start embracing new business models, well, too bad. You're out of luck. This isn't about truth. This is about corporate propaganda in NYC schools, sponsored by the city.
If you dig into the actual "rules" (pdf) for the contest (which are quite buried on the site, but are embedded below), you discover some interesting tidbits. While nowhere on the contest website does NYC admit that NBC Universal is the real sponsor behind this campaign, you do find that information buried in the rules. The rules make it clear that this is a joint project of NYC and NBCUniversal, along with some design agencies.
And, um, must we point out the seeming irony that this video contest is supposed to be about promoting the importance of the protection of copyright... but in order to enter, you agree to completely give up your ability to assert your own copyright?
All Submissions become the property of the Sponsor and will not be acknowledged or returned.... BY MAKING A SUBMISSION, ENTRANT ACKNOWLEDGES THAT HIS/HER SUBMISSION MAY BE POSTED ON SPONSOR’S WEB SITE, AT SPONSOR’S DISCRETION. Making a Submission grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, without limitation, and without consideration to the entrant.Oh, but that's not the best part. You see, if you win, you have to agree to turn over the copyright, and admit that this video is a "work made for hire" under copyright law, so you can't ever use termination rights to get it back:
By accepting a prize Winner (and Winner’s parent or legal guardian if Winner is an eligible minor) agrees that his/her Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Submission. Sponsor reserves the right to alter, change or modify Winner’s Submission, in its sole discretion. Upon request of Sponsor, Winner (and Winner’s parent or legal guardian if Winner is an eligible minor) shall execute and deliver such additional instrument of assignment (“Assignment”), as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request Assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request Assignment.In other words, the real message of this "contest" is that you should create a video about respecting copyrights... and if you do so, we'll trample all over your copyrights.
Anyway. The grand prize for this is a mere $500. We must be able to do better than that as a community. If anyone is interested in contributing to a fund to create a "competing" contest, hit us up over email, and we'll see if we can offer a better prize for a more truthful contest...
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Filed Under: contest, copyright, new york city, propaganda
Companies: mpaa, nbc universal
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The second quoted paragraph is an abomination.
I hope this contest fails and fails hard.
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Or are you suggesting that they shouldn't be allowed to publish the entries?
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But, um...
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Re: But, um...
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I think I am turning into a pirate
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Almost every "user submitted" contest includes part of full transfer of the copyright to the contest organizers, it's part of the deal. Why would you consider it such a shocking thing here? It's about as common as dust.
I think you would step on your own mother to get a slam at the "industry", no matter how stupid the argument is.
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While I'm not a lawyer, I would say that that part does NOT cover a transfer of copyright. If it did, they wouldn't have had to bother with all that legalese later.
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"3. HOW TO ENTER
To enter online
, go to www.StopPiracyinNYC.com (“Web
Site”) during the Promotion Period to register and submit your written submission, which should be a concept statement (“Concept Statement”) of your idea for the Anti-Piracy Theft campaign along with a video submission of your PSA (“Video”) that illustrates your Concept Statement (altogether, “Submission”).
All Submissions become the property of the Sponsor and will not be acknowledged or returned.
BY MAKING A SUBMISSION, ENTRANT ACKNOWLEDGES THAT HIS/HER SUBMISSION MAY BE POSTED ON SPONSOR’S WEB SITE, AT SPONSOR’S DISCRETION. Making a Submission grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Submission in any way, in any and all media, without limitation, and without consideration to the entrant."
Sounds like a transfer of rights to me. But I am not a liayer either.
"By accepting a prize Winner (and Winner’s parent or legal guardian if Winner is an eligible minor) agrees that his/her Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Submission."
Again, not a liayer, but certainly sounds like a transfer of copyright to me. Trademark too!
I wasn't going to bother replying, but obviously you didn't see it and if you don't see it, you won't get it.
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Should you WIN however, you transfer all your rights to the work, meaning that you can't do anything with it anymore.
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Can you provide an example of another license such as this?
Covers, remakes etc. all give credit/s.
http://www.techdirt.com/articles/20110901/12231815769/insane-chain-sampling-rights-how- folk-song-collector-became-co-author-jay-z-song.shtml
The extra legalese is to cover their asses.
From my first quote, if you enter, it is their property.
Physical medium cannot be transfered over internet yet. So what property are we/they talking about?
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There have been plenty of abuses throughout history that use to be common, but were not right or fair. Eventually we realized this and moved past them.
I guess this AC has come to accept the common and doesn't think past it. Who cares about rights so long as it's common place?
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Case in point
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Re: Case in point
Just because something was common doesn't mean that it's right at all.
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Does something being common make it right? Do YOU want to be a slave?
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This, of course, is what makes it so very easy for me to recognize other budding young assholes.
;-P
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Also the composition of the shit is a great factor in determining what type of a-hole one is dealing with.
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However, out of everyone one of those contests, I have never read anything like the second quoted paragraph. Never once have I read anything that states that you transfer all rights to the work upon winning the contest. That is absurd.
By winning this contest, a future film maker would not be able to use this film as part of an online portfolio. They wouldn't be able to put the film on Youtube or their own site. They wouldn't be able to use it at all.
You think that is fair? I think my rights are worth far more than $500.
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do what you can to help promote our copyright, while we take away all the winner's rights to any form of copyright.
is that taking the piss or what?
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Well, and that makes it perfectly acceptable, of course.
NOT.
In Nazi Germany, horrible atrocities were performed on daily basis on a huge amount of people. And since that was common place, it must've been allright...
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Bummer. Anyone with the wherewithal to make a video will probably support copyright
The natural audience for this site are the couchpotatoes who sit around thinking that they should be given everything for nothing. Then they look for moral justification to make them feel good for taking it without asking permission.
Alas, all that sitting around isn't good training for doing real work. I doubt many committed copyright-sucks folks will get past setting up the video camera without getting bored and heading off to the fridge to look for something to drink.
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Re: Bummer. Anyone with the wherewithal to make a video will probably support copyright
http://youtu.be/IeTybKL1pM4
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Re: Bummer. Anyone with the wherewithal to make a video will probably support copyright
and are they also OK with giving up their copyright for a measly $500?
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Re: Bummer. Anyone with the wherewithal to make a video will probably support copyright
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Re: Bummer. Anyone with the wherewithal to make a video will probably support copyright
Mike has made many points that its not copyright that is the problem it is the content holders who abuse their copyright to the point where it is hurting the legitimate consumer.
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Re: Bummer. Anyone with the wherewithal to make a video will probably support copyright
I didn't realize pushing buttons was hard for you and your friends. I have sympathy for you guys just for that.
On a different note, while I don't know many video producers (just a whole one), I do know quite a few musicians, and every single one of them hates the labels and completely ignores copyrights. Copyrights would only get in their way and ensure they remain a nobody. Letting their fans copy their works freely is helping them. They get money from touring & doing gigs. Selling CDs (although they recognize this isn't a great way to do things, some people still buy just to show support). This crowd is about 16 to 38 years of age. Makes me think you either know people who are easily brainwashed to try to stay in 1998 or are really old. One of the two, but I am not sure which.
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Re: Bummer. Anyone with the wherewithal to make a video will probably support copyright
You have the demographic of Techdirt completely wrong.
Quantcast shows that most readers here are 35 or older, make 60k+ a year (ie: professionals) and are college educated. So with that in mind, the rest of your comment is just plain silly.
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Re: Bummer. Anyone with the wherewithal to make a video will probably support copyright
/s
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I find it even more concerning that actual facts aren't going to allow a student to win. They aren't telling the kids to research and form an opinion and make a video, they are telling them to regurgitate the crap that has already been fed to them.
I can only hope that some parents will wake up and say no to this sort of blatant propaganda.
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Re: OR!
That's a hell of an image...
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Also, given what they were fed, I'm not sure what comes out will be colorful or interesting......
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a disturbing trend to bilk workers out of pay
The best thing I can recommend to everyone is to never participate in "contests" of this nature. Remember people, nothing in life is free...either you give away your personal information for a contest entry, or you give away your time and creativity for the benefit of the contest promoter.
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Wow.
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Re: a disturbing trend to bilk workers out of pay
I would guess that if Mike were called in by NBCUniversal, he might recommend a contest just like this one as a way to build a connection with fans. Of course he wouldn't want to pay the winner $500 because the winner should want to be paid in exposure or accolades.
This is rich irony folks. They're using a play right out of Mike's playbook.
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Re: Re: a disturbing trend to bilk workers out of pay
If Mike made such a contest, I think I can guarantee there would be no such copyright clause. And if there was, there'd be a lot of angry readers and article writers.
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Re: Re: a disturbing trend to bilk workers out of pay
Do you not see the irony here? They say respect copyright, respect the jobs of those who work with copyright (like yourself). Yet, they're not hiring someone to make this video. They're going to pay a kid a measly 500 bucks and keep his/her copyright. It's pure "Do as I say, not as I do".
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Re: Re: a disturbing trend to bilk workers out of pay
He's always asking for businesses to make these kind of remixing contests. And I'm sure I've seen several posts where he congratulations some company that uses a fan-made video.
He's a big fan of fans and this contest if for fans of MSNBC.
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Re: a disturbing trend to bilk workers out of pay
I write code for free and donate it all anonymously to open source, I make art for free and never once I asked for recognition or money for anything like that even when it got used in a way that I object, I just don't do it for those type of people again ever.
Now I'm learning how to make chemical compounds because I just don't trust the pharma industry to keep me safe.
So I would like to say is that if you want to do something for free to others do it with the full knowledge that you want be able to control it once it is out of your hands learn to live with it and more importantly choose to whom you work for.
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Ironically, I think copyright *is* s just cause
-limited in scope and time.
Also, those open-source copyleft projects you love so much can't exist without copyright. Free Software has a requirement that any requirement that any modification use the same license. How is that enforced? Copyright. How are the conditions in creative commons licenses enforced? Copyright.
Even Creative Commons works are copyrighted, because otherwise the conditions couldn't be enforced. They'd be in the public domain instead.
As anyone who has seen my posts here knows, I have numerous issues with copyright law as it stands now (the most glaring being the perpetual term extensions). And the AA's have expanded the scope and duration of copyright law to benefit not artists like me or consumers like me, but themselves.
Basically, what I'm saying is that Copyright needs a reboot. I mean, I don't know about you, but I'd get my computer fixed if it's not working (if resetting it or fiddling with the settings after following the documentation failed). I wouldn't throw it out the window, viral videos notwithstanding.
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Re: Ironically, I think copyright *is* s just cause
If copyright didn't exist, we wouldn't need GPL licenses in the first place because everybody would already have the 3 freedoms already, the freedom to copy, the freedom to redistribute and the freedom to modify, what makes you believe that wouldn't be possible without copyright?
Copyright is the exact thing that made GPL a necessity, in a world where you can't stop others from using things you don't need GPL.
Open source can live without copyright you on the other hand apparently cannot.
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Re: Ironically, I think copyright *is* s just cause
Without copyrights who would stop you from copying anything?
Without copyrights who would stop you from distributing anything?
Without copyrights who would stop you from modifying anything?
Explain how exactly open source wouldn't exist?
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Re: a disturbing trend to bilk workers out of pay
Oh, please. Kids who aspire to be filmmakers will line up to have a go at this. I'd be surprised if anyone spends more than $50, much less $500 on this. And it puts the kids video in front of a pretty interesting panel of judges and gets them exposure. That has value, win or lose.
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Re: Re: a disturbing trend to bilk workers out of pay
@stop @using @shitty @at's @ll @the @fucking @time @you @stupid @fucking @sshole! @This @isn't @fucking @twitter. @Wh@t @do @you @think @the @"reply @to @this" @button @is @for @you @fucking @ret@rd
-@love
@your mother
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I'm actually less appalled that they have to give up their copyright than I am that the contents of the video are pretty much dictated to them. "We want you to be creative, but you can only create what we want." As an artists, this disgusts me.
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This is why the AA's position is not a "pro-copyright" position per se
In my opinion, society would be better off if copyright laws were adjusted for the 21st century, and find ways that will enable freedom whilst compensating artists. This kind of incentivization fits with the idea of "promoting the progress of useful arts". The near-total monopoly that the MPAA and the RIAA have over our governmental policy enables that copyright law will benefit them, regardless of the harms done to our culture. This is evident in laws such as the DMCA (passed 15 years ago) and the Sonny Bono CTEA (passed 13 years ago, challenged in 11 years ago and upheld by the US Supreme Court 9 years ago). Granted, this has resulted in Creative Commons, which was so mainstream that even Jack Freakin' Valenti was supportive of the project, but think of what our culture would be like if copyright actually expired (and not subject to infinite term extensions): More books, movies, music, etc. would be free for us to access, share, remix, and remake every new year's day. However, the MPAA's extremism in advocating for draconian new copyright laws has not made people respect copyright more, but less. The MPAA's and RIAA's self-serving intransigence has made a younger generation see copyright more as an tyrannical obstacle to overcome than an incenting lubricant to a free culture. Plus, It's not as if artists aren't making money with less restrictive copyright (key word is "with less restrictive"; keep in mind that I wrote that and not "without"). Just look at Cory Doctorow and Jonathan "$500,000-in-2010" Coulton. Or you could see any other success story in the case studies tab above. My point is that the MPAA and the RIAA believe that they are entitled to their business model, and if they (i.e. The AA's) win, then we (i.e. artists and consumers) lose.
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Re: This is why the AA's position is not a "pro-copyright" position per se
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Here's an entry!
I wonder if the people running the contest are too stupid to recognise a spoof.
http://www.youtube.com/watch?v=ALZZx1xmAzg&feature=related
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Mike, you seem to be under the impression that copyrights apply to normal people. This is a myth. Everyone knows that copyrights only apply to giant corporations or those with enough money to enforce them.
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A great introduction to publishing
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Goody Two-Shoes
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well
Evil Terrorpirate: who wants to buy my lovely DVDs?
Innocent mother: OMG, one of your DVDs just flew off the table and cut mah babies head off! you monster!!
Evil Terrorpirate: MUHAHAHA you owe me $5 for that DVD its got your babies blood on it....you broke it, you bought it.
Evil Terrorpirate: Oh and BTW.../points to a nearby counter reading 98..98.100..
Innocent Mother: NOOOOOOOO....a bittorrent seed counter slash detonator timer!!!!!!!!
(a huge explosion blows up the nearby orphanage and pieces of orphans fly everywhere!)
Terrorpirate: /turns to camera/ MUHAHAH and thats just the start, AMERICA!!! Cut to scene of nuclear explosion at the white house with the top of the mushroom cloud shaped like the napster logo.
Cue a message about how everyone should abandon their human rights until the evil alien copyright thieves have been tortured live on pay-per-view.
The copylobby is stupid enough to think its awesome and let it win....
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Interesting
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This isn't about whether the rules are typical or not. The kids having to give up their copyright is just the ironic part of all this.
The problem is a major corporation has gone to the city government, and the government has then gone to the schools and buried the fact that they're supported by a major corporation. Go to their website and look for the NBC Universal logo. It's not there. http://stoppiracyinnyc.com.
This isn't education. It's corporate propaganda. In your schools. And your government is okay with it. If they just came out and said they were shilling for NBC, it would be sad, but it wouldn't be as problematic.
This is how they describe it:
"Piracy, or content theft, is the illegal consumption of movies, music, books and other creative materials. It happens every day, all over the world. That's a lot of lost revenue for the film, TV, music and fashion industries. In fact, more than 140,000 jobs have already been lost to content theft."
"In your TV spot, and in real life, the most important thing to say to young people is‚ 'don't do it.' Help them understand that watching a pirated movie or downloading free copies of bands' albums is not a victimless crime. It could affect people they know and care about. It chips away at our creative industries, and ultimately, our city."
If you live in NYC, you should be complaining to your schools and to your government to disclose who's behind this and shut it down.
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piracy video contest
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Google and Vodafone did similar propaganda in Italy
Google, schools, the Police and the Ministry of Youth? Don’t get lost!
Does VODAFONE really ignore how copyright works? Why?
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