Myspace has teamed up with a few sponsors, such as Toyota, to start a contest for all Myspace Music users where users have a chance to win a exclusive record contract. Sounds great right? Sounds great indeed, but the fine print says otherwise.
By Joining You Are Submitting
Few music contest contestants ever read the fine print or the rules that drive the contest they are joining. This goes for Myspace contests or a tv show such as American Idol. Unfortunately, not only do the contest strip you of your rights, once you actually win the contracts they just take even more rights away.
Here is the first example of the rights you forfeit when you enter this new Myspace Music Contest. Taken from section 5 which states:
In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “Creative File”) submitted by Entrant in connection with the Contest; and (b) all video, audio, photographs, text, graphics, statements, any other creative materials, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”) included in and/or submitted by Entrant in connection with the Contest), in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol.
Boom, bam, and your music is no longer your music. Simply by entering your song in the contest, you no longer have exclusive rights to your music.
Myspace can now take your song and:
- Sell it
- Remake it
- Distribute it
- All while paying you nothing
This next excerpt is in regards to your identity\band, also from section 5:
In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe.
From the date of your submission, you will have given Myspace and Toyota the rights to use your image, name, lyrics and other personal content FOREVER without payment.
Lessons and Reflections on Musicians Rights
The main lessons to take away from contests like this are to read the fine print and know what rights you’re giving away. If you’re comfortable giving away everything you submit in hopes of that small chance of wining, then by all means, take that chance. I, for one, am not going to censor my music and give it away to Toyota for a chance to win a highly restrictive record contract.
