Now this is a heavy topic. If you ask me, I think every time it comes to legal matters, a lot of unspoken fear and uncertainty uprises. Talking about the field of creative crowdsourcing legal matters are all about organizing work and safeguarding the legal relationships between the players. But how can the challenges of creative crowdsourcing, where work needs to be organized among thousands, be dealt with?
With more than 200 projects over the last years, we have built quite a lot of experience in that field and with our trusted law office we even built our own agreements and contracts. To focus on the questions we think are crucial, we have written a white paper on the approach of legal matters in crowdstorming.
The conditions of use for a crowdsourcing platform give a rapid indication of whether the relevant provider is the right partner.
And there are a lot of questions the conditions of use must give answers to. If you’re thinking about starting a crowdstorm with a creative brief for your brand, you have to think about a license agreement. The best idea cannot be implemented, if you don’t have the right to use it. But it even gets worse, what if you have secure legal installments, but your creative community is not willing to accept them and therefore doesn’t work on your brief? When you organize work entirely online it’s all about fairness and transparency. These are the basic principles for starting to build a stable legal framework for your crowdstorm project.
The important rule is that the more individual the settlement, the more reliable it will be.
The whole white paper is attached in the following and you can even download it here on slideshare, but let me give you a quick overview of the main points:
- As soon as a work result crosses a sufficient threshold of originality, and therefore becomes an independent work in its own right, the participant will enjoy the protection of copyright, and corresponding rights of use to his/her work result. For this reason, we at jovoto always assume that each work result exhibits a sufficient threshold of originality and thus basically enjoys the protection afforded by copyright.
- The advantage of a separate license agreement offers the possibility of adapting the transfer of a wide range of rights of use in a more individual manner to match the needs of the situation, thus making them more concrete.
- jovoto also assumes responsibility for its clients and offers reinsurance. We regularly see that safeguards do not accrue to the client simply from the process and contractual agreements or from reinsurance cover but primarily from direct communication with all the players, in particular with the authors of the work results that need to be licensed.
- As important as it is to observe established law, it is even more important to get all players on the same side and to create a trusting basis for cooperation.
Please do not hesitate to contact me if you have any questions. And if you like this white paper, subscribe to our monthly client’s newsletter here to receive all our future installments.