When a creative enters an idea to OpenAd.net, they assign the copyright and all intellectual rights in that idea to OpenAd.net for 18 months. Within that time, OpenAd.net will make every reasonable endeavour to license that idea to Members.
When an idea is licensed to a Member and OpenAd.net have received payment for that licence, copyright is transferred to the Member. OpenAd.net have the right to take an 'extended assignment' for the full life of the copyright worldwide of the idea; this means that if a Member opts to license an idea worldwide and in perpetuity, OpenAd.net acquires that worldwide perpetual licence in order to transfer it to the Member.
Creatives and Members agree to the above when they accept the agreements they are required to accept before they are permitted to enter or license ideas. Creatives and Members are directed to these agreements during the registration and membership process.
For more information, please consult:
What creatives need to know about copyright on OpenAd.net
No music, video clips, design or layout whose copyright is not fully owned by the author may form part of an idea uploaded to OpenAd.net. This is non-negotiable. It is up to the creative to ensure that the copyright is clean. In the event that an idea is licensed, the author may be asked to furnish us with proof of copyright ownership of all the elements of the idea.
As far as photographs are concerned, OpenAd.net have an agreement with Corbis photostock library that allows its creatives to use Corbis images to accompany and express their ideas. If an author's idea is licensed and that idea contains Corbis images, the buyer must license those images separately if they wish to produce and use the idea. The fee they pay to license the idea does not include any subsequent fees for the licensing of the images.
More on the Corbis agreement
The obligation of a buyer to license any copyrighted material separately extends to all other copyrighted elements within an idea. Example: an author owns the copyright to a piece of music used in a radio ad idea (i.e. he composed it himself, or purchased it) that is licensed by a buyer. The licence fee paid by the buyer does not include any further licence fee for that piece of music; this must be negotiated separately. No music nor any other element, that is not fully owned by an author may form part of any idea submitted to OpenAd.net. Authors may, of course, suggest a piece of music to accompany their idea, but they may not upload the music itself. If the buyer decides to follow the author's suggestion, they will have to license the music in question separately.
We would advise any creative who is unsure of the copyright status of any part of their idea to contact legal@openad.net before uploading it to the site.
What Members need to know about copyright on OpenAd.net
Members are free to look for ideas in the categories to which they have access; access is determined by the membership package they have purchased. When an idea is displayed in a category of the Gallery, the copyright in all elements of that idea shall belong to OpenAd.net for 18 months from time of entry, or until a Member licenses the idea (in which case OpenAd.net transfers copyright to that Member).
OpenAd.net regularly monitors the advertising and marketing communications of its Members to ensure that no copyright infringement of any idea on OpenAd.net has taken place. Members may not use any idea, or any element thereof, without first licensing that idea from OpenAd.net.
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Students and freelancers
If you are a student and wish to submit an idea to OpenAd.net, you must ensure that the copyright in all elements of the idea belongs to you. This might not be the case if you are submitting work created as part of your study; in many cases the copyright will be owned by your educational institution. The same condition applies if you have registered as a freelance user of OpenAd.net, where care must be taken to ensure that none of the elements of your idea belong to any company that you might be working for now or have worked for at any time in the past.
If you have any questions regarding copyright, please contact legal@openad.net.
Brandnames and trademarks
The ideas submitted to the Gallery for display may not carry any brandnames or trademarks. The gallery carries exclusively unbranded ideas.
Of course, a pitch holder may request in a brief that a logo or other protected element be incorporated into ideas submitted in response to their pitch. |
