Calendar of Tales art Information…
Some people looked at the Terms and Conditions on the BlackBerry site, in order to upload their art to the Calendar of Tales project, and got worried.
Here’s an official reply from BlackBerry. Please feel very free to spread it around as much as possible, especially to the worried.
And also, a clarification: it’s really not a contest in the strict sense, no more than the Tweet-questions were a contest for the best answer or prompt: yes, some pictures will be chosen for some parts of the project. But as far as I’m concerned, it’s about making art and putting it up for people to see. Go to http://keepmoving.blackberry.com/desktop/en/us/ambassador/neil-gaiman.html?CPID=E10C159#Dec and look at the December pictures that are coming in, or the flame-phoenixes of August at http://keepmoving.blackberry.com/desktop/en/us/ambassador/neil-gaiman.html?CPID=E10C159#Aug or.. well, look at all the pictures for all the months. They’re wonderful.
Anyway, this is what BlackBerry has to say:
We appreciate the recent feedback some of you have raised about your artwork and how it will be used. You are right to raise them – after all this is your work! – so below are a few clarifications. We hope this means you’ll still share with us as we really want to see as many ideas as possible!
1) You were worried that once you submit something BlackBerry would own the copyright and you couldn’t use your art for other purposes. Clarification: No way! The deal is BlackBerry will only have a license to use what you submit, and only for the duration of the Neil Gaiman Keep Moving Project. That work is yours and you can (and should!) use it wherever you desire.
2) There were concerns raised that BlackBerry would have the right to profit from your artwork after the project ended. Clarification: Again, not the intent at all! We just want to make Neil’s Calendar of Tales come to life. So the images you submit, and give us permission to use, will only be used for this project and this project only. We will be making the Terms & Conditions crystal clear on this point so there is no further confusion. Again, this art is your art and if you want to have it considered for this project, great, but BlackBerry has no intention to use it beyond Neil’s engagement.
3) Lastly, you raised a question about whether or not BlackBerry would be able to use your images indefinitely without having to ask your permission again. Clarification: Nope. We are only using your image for the duration of Neil’s Keep Moving Project, and if selected it will be used in the final Calendar of Tales. That’s it. If there was interest in the future, because BlackBerry loved your artwork, we would re-approach you to seek permission.
We believe this addresses some of the latest questions that have come up on Neil’s Phase II but we are certainly happy to answer anything else you have on your mind. The point of the project is to use Neil’s ability to reach massive audiences, giving a voice to anyone. Your creation is your creation, period. We simply want to give you a big stage to share your art with the world. Thanks for your interest!
Rebloggable by request…
I’ve talked to BlackBerry about it: they are embarrassed, and told me they are drafting a new set of Terms and Conditions which actually reflect that the art is solely for use in relation to the Keep Moving Project, A Calendar of Tales, and is not to be used by them for any commercial purposes beyond the project.
And as they explained to me, “Regarding us taking ownership of people’s work (i.e. – them losing the copyrights), in fact this is not what the T&Cs say! I think we’ve suffered from an unfortunate case of misconstrued legalspeak. We’re licensing people’s artwork for use, but they retain all rights to their own work. To do with it what they will!”
I’m hopeful that the new set of T&Cs will be clearer, and have asked them to put something up to clarify all this for the worried, the troubled, the confused, or the nervous.