Sunday, February 13, 2011


Teletoon is running another one of those contests that essentially rape creators while pretending to do creators a favour.

By submitting your film -- not winning, just submitting -- here's what Teletoon takes:

You hereby grant TELETOON Canada Inc., its affiliates, agents and each of their successors and assigns (collectively ,”TELETOON”) the unlimited, irrevocable and royalty-free licence and right to use, display, exhibit, edit, modify licence, sub-licence and otherwise exploit the video (“Video”) you upload to (“Website”) without notice or compensation to you or any third party, in perpetuity throughout the world, in any and all manner, media or technology now known or hereafter devised including, without limitation, TELETOON’s television services, websites, or in any promotion or programming for TELETOON.

In short, they can do whatever they like with your film without your permission or without any payment to you. They can sell it to anyone they choose. They can edit it or modify it in any way they like. They can do this anywhere in the world, forever, in any existing medium or any medium not yet invented. You have a problem with that? Too bad. By submitting, you've given up your legal right to complain:

You fully discharge, release, indemnify and hold harmless TELETOON and its respective directors, officers, employees, agents, representatives and advertising and promotional agencies (collectively, “Releasees”) from any or all claims, demands, damages, losses, expenses (including any legal fees and expenses) actions or causes of action whatsoever incurred by or asserted against Releasees arising out of or in connection with: (a) any breach or alleged breach of any representation, warranty, promise or agreement made by you in this agreement; or (b) TELETOON’s use of the Video in accordance with the rights and licences you granted to it under this agreement.

It is disturbing to me that Teletoon does not find this offensive. Why would anyone want to do business with these people? What they are doing with these contests is vacuuming up other people's intellectual property and planting their flag on it. I hope this contest fails to attract entrants and I would discourage anyone from entering.

The truth is, if you have a film you want to pitch to them or anyone else, make an appointment and pitch it. If they don't want it, you walk out of the meeting with them having no rights whatsoever to your film or idea. And if they want it, get yourself a good lawyer and squeeze every penny you can out of them. Because they have no scruples about taking your property without paying. They've stated that in black and white.

If you have the stomach for it, you can read the details here.

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