Artificial Garden

An international textile design company asks you to create fresh patterns based on the theme 'artificial garden'. €6,500 prize pool

An international textile design company asks you to create fresh patterns based on the theme 'artificial garden'.


We invite all professional designers to go on a journey with us into an artificial garden. Be inspired by the look, smells, and sounds of a rich garden, which becomes an experimental hybrid of nature and the modern world. Experiment with surreal atmospheres and an overwhelming presence of bold patterns and infused imagery. Feel free to combine digital effects with rich hand-drawn designs to create surreal compositions. 

This is a calling to all designers who have inspiring ideas for pattern design. The best designs submitted on jovoto will be chosen and presented to select international fashion brands by the client, who is a renowned textile supplier. In addition to winning up to 5,000€ in community awards, a huge opportunity awaits, to be licensed by a large fashion brand. For every licensed design, you will be paid 100€ for the initial design and an additional 0.20€ in royalties for each meter if printed. An order purchase can be up to 20,000 meters per design. 

In addition to this exciting chance, throughout the course of the project jovoto will invite the best designers to join a pool of talent. As part of the talent pool, you will have the opportunity to access ongoing and exciting textile design challenges on the platform with equally exciting opportunities.  


There are two aims within this task.

  1. The primary goal of this project is to gather a wide range of textile patterns focusing on the theme “Artificial Gardens”. The best designs will be presented to well-known international fashion brands to be licensed and used in their current and upcoming collections. 
  2. The secondary goal of this project is to build a pool of professional talent that will provide excellent textile designs on various themes. This goal is ongoing, as together with the client, jovoto expects to run 12 textile-design projects over the next 12 months.

Task Definition

Create a pattern for the fashion industry’s most recognized brands to be used in their current and upcoming collections. Define and interpret the theme ‘artificial garden’ in your own bold and experimental pattern.

Target Group

  • Women's wear
  • Women aged between 15-30 
  • Fast-fashion Market
  • Mid- to End-summer Design


  • A modern interpretation
  • Experimental
  • Artificial
  • Powerful
  • Bold
  • Fresh
  • Futuristic 
  • Hybrid

Mandatory requirements

For templates and other details, please check the provided Pattern Handbook, which can be downloaded from the materials section. 

Because we are working with labels in the fast-paced fashion industry, the client will be closely following the project and may select designs that catch their eye at any point (even before the project ends). Please make sure you are available for contact once you submit a design. 

There is no guideline as to whether you depict the content with photographic or purely graphic elements. But in both cases you should only use images:
1. for which you own the full copyright 
2. for which the exclusive rights can, if required, be passed on to the client.

If 2. applies you need to clearly highlight the third-party image material.

Required File Format

In case you are chosen by the client you will be asked to supply your design in one of the following formats:

  • PSD files
  • AI files

Useful Links

Marsano tumblr

Masha Reva & Syndicate Botanical Layers

Irene Münger Collection

Musical Inspiration: Beach House - Bloom

Musical Inspiration: Beach House

Download material

Click on the following links to download working material and additional information related to the project.

Project terms

For this project, special  project terms  apply.

Halftime Feedback

Dear pattern designers

Monday afternoon we had our Halftime Feedback talk with client and I’m here to give you the updates. So let’s hear what they have to say about your designs and general direction of their first project of many, running with our Textile Design talent pool. 

First, they’d like to thank you, the work is going in a good direction and with a few pointers to keep in mind, we’re sure you’ll nail it! Here’s the main points to keep in mind for the second half: 

Less is More 

  • Leave space- A lot of your designs look great on screen, but keep in mind they are made for textile print. Designs with too much going on just won’t work. Simplify your designs, leave space. Give your patterns the credit they deserve and give them a little room to breath.
  • Minimise colour palettes- To avoid a complete colour overload, stick to a range of colours using different tones to create complexity. Though to satisfy your quest for colour, it’s a great idea to show your designs in different variations rather than packing it all into one design. For example, your design in a range of reds, your design in a range of blues.
  • Carefully mix styles- If you of you are using a mix of styles (for example geometrics with floral) these styles is often too much when printing. You should opt to separate them and simplify your designs. 
  • Photoshop Filters- We all love and appreciate photoshop, that’s for sure. But that also means, we are familiar with it’s filters. Just beware if you are using them in your designs, you do it with nuance and care. 

The (Real) Repeat 
Many designs use a mirrored or kaleidoscope effect which leaves your pattern (nearly) the same all over. Think about how you can create a true pattern repeat or use the mirror effect in creative ways where only sections of your designs are inverted.

Create Depth 
Bring richness in your compositions and create depth in your design. Think about incorporating shadows and perspective to leave your designs looking like masterpieces. 

Those are the tips, fabric friends! There are two weeks left and we’re all looking forward to your updates and new designs! Go, go, go!

All the best, 



Show older comments (40)

Hey there,

I'm so happy to see this project officially open on the platform. I'm not only looking forward to seeing all of your bold pattern designs but also all of the exciting opportunities that this project leads to!

For anyone who is new to the platform or even if you've shared your skills with us in past projects - be sure you can always contact the Community Management team directly or contact us in the Support Center with any questions you might have, we're happy to help :)

I'm really looking forward to work with you! All the best, Jess

Oh my! I LOVE this project! And the theme!!!!!!!!!!

So happy you like it- we're very excited too :) Looking forward!

Sounds like an awesome project! Why don't we find the name of the client in the brief?

Hi Architempo, For privacy purposes at this early stage of our collaboration the client would rather not be named in the briefing. Excited to see your submissions :) Best, Jess

Maybe Joop again. Wolfgang loves extravagant pattern. ;)

Hello, beautiful project that !!! I have a question, I can present two series, which consist of four design? Thank you.

Hi Karina, We're happy to see you're excited about the project :) and a very good question! You can clearly mark your designs as part of a series, link or tease the other designs, but for licensing purposes I would suggest you upload ideas separately. Best, Jess

Yey! Great project ! Love it!

This project and talent pool is right up your alley as a Textile Designer, dear akwaflorell! Looking forward :)

I will definately take a part in this contest :)

Hello there akwaflorell, so happy to see you here!!

Hey, hiii :) So happy to see you too ... I can't wait to see your designs ...

Hi, looking at the references, it seems that the pattern should just be a one piece, instead of a repeated pattern and it is more like a painting than a flat illustration in 2D, is that what the client is envisioning?

The first upload has both options - either border design or pattern/ allover.

Keen observation sharontan! However there are no specifications for patterns, except for visualising your interpretation of the theme Artificial Garden. These references are inspirational and meant to give you an idea of the current status of market trends- which is of course relevant to the task but it is not specific direction you must recreate. Let yourself be inspired and experiment to see you're interpretation of an artificial garden! All the best, Jess

Wonderful project!!! Well down my route! Looking forward to working on it!

Very exciting project!!! Can´t wait to begin the development!

WOW!!!!!!!!My dream has come true !!! Thanks Jovoto !!!!!

Can I use photos of models for the representation of my design if I mention the link from where I took the photo or not?

Hi ARVA, Thanks for your question. I would suggest putting your main focus on the pattern. It's most important to display a clear view of your design and you don't have to apply it on a piece of clothing or model. All the best, Jess

Thanks for the reply!

The idea overview-side is a little bit psychedelic. :D

Love this! I'm new to Jovoto, but very excited to submit to this brief :) Just to be sure, can I submit as many designs as I want?

Dear majobv, We're happy to have you here! In this particular project you can submit up to 10 designs. Looking forward to seeing yours :) And if you have any other questions, feel free to ask us! All the best, Jess

Looking at the brief, this cool theme is really easy to understand, but quite hard to deliver! For me, who doesn't follow the fashion trend & lack of understanding in textile industry, find the project very challenging! It completely new to me! I have q question: the pattern ... is really must be able to be repeated? Symmetrical? Abstract? or Collage?

Hi LKK1511, It's so nice to hear that you think the briefing and theme are clear and understandable. In addition to our community, this is the first in a series of textile design projects in which we are building a professional talent pool of textile designers. We're excited to provide opportunities and challenges on all levels :) A repeat is necessary in some form because of the printing process, but wether its a small repeat (of many multiples) or if it's a larger pattern with only one repeat is up to you. Symmetrical, abstract and collage are also your design decisions! All the best, Jess

This is beyond amazing! I got an invite to jovoto few days back. Absolutely loving how creatives work here. Very excited to start working on this brief. :)

Hi Naaisha, Great to have you here! Looking really forward to see your submissions. If you have any questions, feel free to get in touch :) All the best, Jess

Lets Go! Excellent

Hey there! I'd like to ask if it's ok to use as a base of design wikimedia commons picture that according to google has an open license with free modifications. It would be really heavily postproccessed. Just want to make sure how you see the copyright in such case. Btw the theme is way beyond cool :) Best wishes, A.

Hi asiove, Very good question! If it's a creative commons image that has an open license that is free for modification, technically you are allowed to use it. However, I would make sure it's only a part of your design and you let your creativity shine! Make it uniquely yours otherwise it is not very interesting for the client - and always state where you got the image from! All the best, Jess

Jess, thank you for your answer :) I will not use it in the end, but it was worth knowing anyway. Cheers!

You're very welcome! All the best, Jess

Hey there! Heads up before you head into the weekend- on Monday the 1st of June we have our halftime feedback talk with client. You know what that means, get in your new submissions or updates so we can get the best feedback and direction for the rest of the project! Have a great weekend, Jess

yey! It is really important.

Should we expect some news about it? Exciting!

Hi Indigo, It's up now! If you have any other questions, of course feel free to ask! Best, Jess

What about the client feedback from monday?

Hi wueberg, I was posting it as you typed :) It's up now! Best, Jess

Hey there, I just posted the Halftime Feedback. Scroll on up and read the tips for continuing to develop and create your ideas! All the best, Jess

Nice tips for now on, it looks like all of them are for me! But I still have 5 options to go...thank you Jess!

Hi Jess, i have one question : What kind of printing techniques are we designing for? Thx :-)

Hi maidse, The textiles will be selected for both digital and roller print. Best, Jess

Hello Jess! Can designers from all over the world participate? I read all the contest terms, and I could not find this information. Thanks!

Hi there Pupapop, Yes! We'd be happy to have designers from all over the world participate :) Happy to have you here, Jess

Hey there,

As we enter the second half of this exciting project, we'd like to point out the new Feedback Award we've added to the community prize structure.

The Feedback Award will be chosen by the jovoto creative guides after evaluating the feedback under each of the ideas and the most amount of relevant 'Helpful!' clicks a comments receives ( by using the little ^symbol next to a comment). The goal is to encourage and create an excellent place for our community members to give and receive real, effective and constructive feedback for the development of your ideas.

For 8 easy tips on how to improve your feedback, read this Your jovoto Toolbox: Giving Feedback post.

Challenge yourself to make constructive comments, not only compliments :) We're looking forward to going through your questions, suggestions and intuitive design tips!

All the best, Jess

Hello, Just wanted to know if i can submit more than one design? Fizah

Hi! i think that you can submit max 10 ideas.

Yes it is definitely 10. When you submit an idea in the terms and conditions it will remind you how many more left you are able to submit.

Hi there, Thanks for your help DDiana & garthsimmons :) You can submit 10 designs in this project. As gathsimmons said, in the upload overview it tells you at the top how many ideas you have left to submit. All the best, Jess

Hi Everyone! I needed some help understanding the size rules in the pattern handbook. It says there are no restrictions on the height and then marks a 50 cm height. So a bit confused there. How I understood it is:[ The main design needs to cover an area of at least 140cm. Within that 140 cm it should have repeated (horizontally) at least once. So my design for this should be some division of 140 like 70cm, 35cm, 14cm repeating 2, 4 or 5 times. My remaining 24cm can be a border, either split 12cm on both sides, or all on one side or centre. Allover makes it simpler designing an 82 or 41 or 20.5 cm wide repeat.] Did I get that right? If not I will be grateful if someone would please correct. Still don't get the 50 cm height. is that just an example or a minimum or must? Thank you. Raj

Hi Rajalakshmi, We're happy to clarify! 140 cm is aprox. the width of the fabric on the machine, you can make a repeat that is 140:4 (35 cm) 140:2 (70cm) or one large repeat of 140cm!

Concerning the height always depends if you want to do an all over design or a positional design. If it´s a positional design you should think for a top should be +/- 70cm width and 64 cm high- This will depend if it´s for kids or woman. The 50 cm height is a general orientation of size, it will always depend of the garment you imagine your design on. I hope that helps clarify your question :) All the best, Jess

So far I have only been uploading an image of the main motif in a square rather than showing two of the same image side by side as thought this could be left to the imagination and that the main motif that is repeated is the most important aspect of the designs.... also a rectangular image doesn't look as good on the screen as a square. Am now rethinking this approach and wondering if I should upload a preview of the entire rectangle of roughly 140cm by 60cm. When the designs are being chosen is seeing the full 140x60cm design essential?

Pardon me - my designs are all actually 140 x 75cm

Though these can easily be filled to 164 cm width

Thanks for sharing that Garth! Finally managed to submit at least one design n time's almost up! All the best to everyone!

Thank you for this feedback! Can´t wait to start working.

You're very welcome :) All the best, Jess

Hi everyone! The Artificial Garden is coming to a close as we're in the last week of the submission phase. I just wanted to take the opportunity to remind you about the "Best Collaboration Award" that we're offering. The team of two or more creatives who collaborate on an idea by using the "Invite collaborator" tool on the platform with the highest rank will be rewarded with a 500 euro prize. This is an excellent chance to co-create and swap your skills and ideas and get a prize for it! We're looking forward to seeing some collaboration happen! All the best, Jess

*this comment was revised 11.6.15

Hi Jess, The brief says we can only upload work and parts that are right-free. That is very well understandable in case of the pattern/work we are submitting. But what about photos of models on which we just put the patterns to see how it works on clothes . I see many participates who are doing this but I want to make sure if this is allowed? kind regards, Jacco

Dear Jacco, Thanks for this important question. For the design itself, you can only use material that you have the rights to - that you've made or the licence could be passed onto the client. For the purpose of presenting and displaying your idea, you can use additional material- but you should always source the origin of the image. Hope this was helpful for you :) All the best, Jess

Considering the half time feedback is it a good idea to upload new adjusted images of already submitted patterns? Also shall we keep the old images that we have already submitted as well and maybe write a comment like "after half time feedback" on the new images? Also would it be a good idea to put the new images at the top and the old images at the bottom or the other way around? I was just thinking that it would be worth keeping old imagery in in case the client prefers the old images to the new adjusted new ones. It can be tricky to know how much to adjust patterns.

Hi there Garth, You've got the right idea! Here on jovoto we encourage additional slides so we can see and be a part of your development. Ideally when a creative submits an idea, through the feedback of fellow community members, project guides and the client's feedback you're inspired to develop your ideas. You can put your new slides at the top, as they are the first to be seen. You can absolutely put in a slide that explains the time sequence. However you feel you can best present your idea! We are actually currently discussing an automatic "updated idea" feature, that shows when an idea is updated, that would act exactly as a slide in your presentation to visually organising the sequence of development. If there is anything else I can help you with, just let me know! All the best, Jess

Thanks very much Jess. I will get onto adding more slides to my already submitted ideas and keep the previous ones on there as well. I will make sure to add a label on the adjusted designs reading something along the lines of "post half-time feedback". I will make sure I don't save over the previous versions in case you believe those to be more suitable.

Only one more day to go now. Best of luck everybody! x

Hi everyone. About the free-copyright pics of women. Where can be found them?

Hey orangerender, A safe bet is always checking out creative commons, where you have the right to modify an image. You should always state the source of the image as well. All the best, Jess

Hello Everybody! How can I send the colaboartion propsal? If possible please give me the ansewr soon!

Hi Agata, Do you mean how do you invite a collaborator to your idea? If so, in the idea submission overview there is a button "Invite collaborator". From there you're able to select your partner and once she or he accepts your collaboration request, they will be added to the idea as a collaborator. Does that help answer your question? All the best, Jess

Thank you. "Idea submission overview" -is the place where all projects are presented, correct? I think I am in rush…I don't see it. Another qiestion. How can I change the cover image of one of my projects? It looks like is locked...

Sorry about that, Idea upload overview would be more specific! I mean when you click on the "submit an idea" button or when you are in the edit mode of an existing idea!

Dear all participants, new comers and seasoned jovotans,

Absolutely amazing project! Thank you so much for all of your outstanding participation and designs. We're so excited by all of the fantastic work and new opportunities that come with building up the textile design talent pool.

The Artificial Garden is officially closed for submissions and is open for rating. For all of our new community members, that means the next week is reserved for rating the submissions. It's your chance to go through all of these fantastic designs and do your part to create the community ranking, which is based on your votes.

And of course, if you've still got design fever you can head on over to the new textile design project Chinoiserie-Chic!

I'll get back to you after we officially close the Artificial Garden and announce the final community winners. Thanks again :D See you around the platform! Best, Jess

Dear Pattern Enthusiasts and Participants,

First I’d love to thank you again for the amazing job you did in our first textile design project. It’s an inspiration to work with you and I’m happy to announce this is only the first of many textile design projects with our exciting client that we have in store for you.

This Wednesday we will being announcing more information about the future of our textile design talent pool, how to be a part of it and what it means for you!

Be sure to stay tuned, but until then let’s give a huge round of applause for our 10 outstanding community prize winners from the start of it all, the Artificial Garden.

:: drum roll please ::

  1. Discovery by Kimberley Foulser

  2. Isa by design duo DLKG

  3. Let the Sauces grow!!! by Liliana Pérez

  4. Artificial garden by Laura Muñoz Estellés

  5. Urban Botanist by BreezeStudio

  6. Summer garden by Vanja Paunovic

  7. Potpourri by gusmonk

  8. Diamond Garden by Sally Pickles

Last but not nearly least, as these are core principles of jovoto, your winners of our newest addition to the community prizes, Best Feedback and Collaboration Awards.

Without further adu, congratulations to our first time ever winners of these two special awards:

For best feedback, a big hand for Grico. Thanks for your time and effort to help make the platform a constructive and development-friendly place!

And two sets of hands for our collaboration award which goes to Indigo58 and DesaR for their team work on the idea Common Fantasy. It seems it was indeed a common fantasy for the two of you, great work team!

A huge round of applause for our community winners, congratulations. That sure is a lot to celebrate, good thing it’s Friday! Congratulations to all the winners and thanks again. It was a blast and I’m only looking forward to working with you more.

Have a great weekend :) Jess

Congrats to all the winners!!! :)

Big big congrats! Great designs, guys! Well done!

Congratulations everybody, it has been a pleasure to follow the process of this project! And great to see so many new creatives on the platform that quickly has become active!

All the best,


Heartiest congratulations to all the winners!! ヅ

Big round of applause for the designers of the great winning designs! Wonderful and inspiring designs indeed. A query for the next competitions - would I be right in thinking that they all contain hand-drawn elements and that that would really be a requirement for future entries? I know it says either but it seems hand drawn is generally preferred. Just wondering on how to improve. But meanwhile, congrats to those who got it spot-on. It must have been a challenging decision, there were so many fabulous pieces of work.

Hi anniemaude!

There is no preferred technique to use really, it's completely up to the designer to make the pattern in a way that they prefer. So feel free to use both!

I shall also mention that the decision was not hard to make because it was up to the community! :) Everybody who rated ideas contributed to the final result. Now remains the client's choice award were the clients picks the designs they like the most, and that indeed will be a hard decision!

All the best,


Oh thanks Olaf! I had thought those were the client's choices. I'm beginning to understand better now (this was my first project). I hope we get to see which ones the client does choose in the end - that would be very interesting. And any feedback they give overall, like the half-time feedback which was great. But what I'm getting from what was rated is that hand drawn is still the community favourite :)

Congratulations for the winning designers! Do we get to know what was the client's choice or is that still under review?

Hi Varpu,

Jess is away today so I'm stepping in and answering some of your questions here! That is still in review and can take up to 6 months (that's the time the client has to decide). But it probably wont, hopefully we will be able to give you the results soon, let's see!

All the best,


Any update about client's decision? I would be happy to hear what the choices are. Thank you!

Congratulations to all the winners and the participants as well! This was an amazing showcase of work!

Congratulation to all winners!! :)

This was an awesome competition, so glad I found Jovoto!

Congratulation to everybody, winners, and all participants! :) And thanks to the organizers for the opportunity!

Fantastic work everyone --- such gorgeous designs! Truly deserved. Thanks Jovoto for the fab opportunity. Delighted to do more!

Dear Textile Enthusiasts, If you think this project was exciting, just wait and hear what we've got in store!

jovoto is launching an exclusive talent pool for textile designers like you. It’s called the Textile Orbit and you can read all about it and the awesome opportunities offered right here or you canapply directly here!

If you've already got an Outstanding Textile Design badge on your jovoto profile, you'll be invited automatically. The only thing left to do is verify your ID, which you can find out how to do here.

Exciting, isn't it!? We're looking forward to see you there! All the best, Jess

Dear textile designers, I got some very exciting news for you!

I'm happy to announce that the client have decided to license over 20 of your designs for their archive and we will announce which designs as soon as we receive all the contracts from the client. The client's intention is now to try selling these design to their clients. If your design is one of the designs that is being licensed, you have received an email about it.

Amazing job guys! Stay tuned for more details soon.

Best, Jess

Will we know one day the name of the Client?

Dear Agata, Currently the client prefers not to be named. All the best, Jess

Dear designers,

We want to share this exciting opportunity with you, in case you aren't part of the Textile Orbit yet. If you're not, and you love designing patterns and textiles, read all about it or jump straight over and take a second to verify your ID and apply now!

Anyway, back to the exciting news- We'd like to provide each Textile Orbiter participant with monthly trend forecasts from, Promostyl a leading international trend research and design agency. That means you'll receive a monthly 10-12 page trend direction forecast that includes all of the most up to date information on styles, trends, colours and textures!

We wanted to say thank you for working with us in a way that will help you create designs and develop as designers in and out of the orbit! For more details, check out the blog post here.

All the best, Jess

Hi! I can t send my portfólio: (

Hi nathy1103,

I have had a look at your work and invited you to the Textile Orbit so worries! ;)

Best, Olof

Hey there,

If you didn't catch the Client's Choices- aka: licensed ideas on the blog, here is the post thats shows the first fifteen ideas that have been licensed from Artificial Garden.

Check out the fantastic 15 designs here!

Best, Jess

Project terms

Project Terms for the Public Project "Artificial Garden"

1.    Scope

1.1    These project terms supplement the Terms of Use for creatives and apply to public projects in terms of section 3.1.1 of the Terms of Use. Definitions contained in the Terms of Use also apply to the context of these project terms. Public projects may be viewed by everyone. All registered creatives may submit ideas for such projects provided they accept these project terms. 

1.2    By submitting an idea to the project, the creative accepts the terms of use and these project terms. 

2.    Right to be Named as Author

By accepting these project terms and the terms of use, the creative waives any right to be named as author if the client wishes this when licensing the creative's idea. As long as the client does not purchase the idea, jovoto will ensure that the creative is named as author.

3.    Granting Rights of Use to jovoto 


By submitting an idea to the project, the creative grants the rights of use listed in section 3 to jovoto. 

3.1    Even when participating in a project or submitting an idea, the creative still retains the right, without restriction on content, time or space, to use his own idea for the purpose of self-promotion provided he observes the rights of third parties, in particular those of the client. This does not apply to the first six months following the end of the submission phase of a project. During this period, the creative is not permitted to use his idea in any other manner. The client's trademarks and other related rights may only be used if and when the client explicitly allows this for the performance of the competition.  

3.2    jovoto wishes to point out explicitly that participation in a project and/or submission of an idea does not confer on the creative any right to use material of jovoto or the client. In particular, participation in the project does not give the creative any right to use the logo or other materials belonging to the project sponsor (client) or to third parties. This does not apply in cases where the project terms or the project briefing call for other arrangements. 

3.3    The creative submitting an idea to a project grants to jovoto non-exclusive transferable rights, without restriction on time, space or content, to use the idea, including associated creative works and any comments submitted therewith to the extent required for the operation of the platform. In particular, the creative grants to jovoto the right to make every comment and/or idea and the associated works on the platform accessible to third parties and to make any reproductions necessary for this purpose. The creative grants to jovoto the right to edit the works in question in order to present them more favorably on the website.

3.4    In addition, the creative grants to jovoto the right to make comments and/or the idea and the associated works publicly accessible for the purpose of presentation beyond the confines of the project, for example in the jovoto newsletter or in its blog, to distribute them and to edit them, in particular to create and present summaries or individual pictures of videos and texts, scaled-down versions of photographs ('thumbnails') etc. 

3.5    Furthermore, the creative grants to jovoto the non-exclusive right, without restriction on content, time or space, to use the ideas and associated works in any medium for the purpose of communicating and promoting the project and/or ideas submitted to the project. To this end, jovoto may reproduce the ideas and associated works, distribute, edit, rearrange them, make them publicly accessible, broadcast and publicly play them in other ways, whereby this includes in particular making them available or broadcasting them by transmitting the content to fixed or mobile terminal devices of other creatives as part of automated subscription services (push services) or download services (pull services) (e.g. by podcast, RSS feed, Atom feed, XML interface or other technologies). The parties to this agreement consider the right of public reproduction also to include, in particular, the right to render the idea and associated works on the website using methods to play back audio and video data that can be received and simultaneously played by creatives (streaming), including the possibility of configuring the stream in such a way that the broadcast data can be stored by the recipient. In order to document the project and/or to promote the platform, jovoto may in particular include the creative's idea, alone or together with the ideas of other creatives, in a catalog of ideas, which will be made available to the client on conclusion of a project, and which it may reproduce as a different form of print publication and distribute (including as poster), where this serves as an appropriate form of publication for the platform, present at trade fairs (in particular in the form of banners, posters, video clips), make accessible as "best cases" on the platform, also in conjunction with other projects, or make generally publicly available, include in press releases or make available to third parties in the course of normal public relations work (for example for external press reports in journals).

3.6    In order to secure the greatest possible level of awareness and reach for the creative's ideas, the creative additionally grants to jovoto the right to publish the creative's ideas, and/or to have them published, on websites of external providers, to make the reproductions required for this and to transfer the individual works (i.e. the corresponding files) to the relevant third party, and/or to grant these providers technical access to the ideas for the above-mentioned purposes, including the right to reproduce the ideas for inclusion in their own websites. In order to achieve the aims mentioned in this sub-section, jovoto may use popular, established technical methods (e.g. embedded functions). The creative therefore consents to the relevant third-party provider adopting the works in question and also publishing them.

3.7    The creative will receive no monetary recompense for granting the aforementioned rights of use to jovoto. In return for being granted the rights, jovoto will present the creative's ideas on the platform and will give him the opportunity to sell his ideas to third parties or to jovoto and to participate with his ideas in projects. 

3.8    In technical terms, the platform is a highly complex system with a large number of links. The content of creatives builds on from different user content and is cross-linked with it in many ways, etc. In addition, as a platform for creative services, the platform must provide a high degree of transparency and traceability – also covering the possibility of investigating or searching through events set in the past. The granting of rights of use in accordance with section 3 is therefore irrevocable and extends beyond any end to the user agreement. Content submitted by the creative to the platform can therefore remain accessible on the platform even after this license agreement terminates or the creative is no longer a user of the platform for other reasons.

3.9    jovoto also endeavors wherever possible to allow the creative every freedom to exploit his ideas vis-à-vis third parties. Within the scope of projects the creative may, where applicable, have the opportunity to subject his idea to open content licensing terms (such as Creative Commons licensing). Whether and to what extent this is to apply in an individual project (including the relevant details) will be specified in the briefing. The creative must in all cases explicitly indicate the use of third-party materials, including those that are subject to open licensing. 

4.    Granting Rights of Use to the Client 


By submitting an idea to the project, the creative grants the rights of use listed in section 4 to the client. The granting of rights of use in accordance with section 4.2 ff. is subject to the condition precedent that the client decides to acquire the creative's idea.

4.1    By participating in a project, the creative grants to the client the non-exclusive right of use, without restriction on content, time or space, to present his ideas and works as such outside of advertising campaigns or in order to promote the project, alone or together with the ideas and works of other creatives participating in the project, in any medium. Moreover, the creative grants to the client the right to use the ideas and works for the purpose of internal and external market research and for preparing the acquisition of the exclusive rights of use to the ideas and works. This may require the distributing and making the ideas and works publicly accessible, limited to the aforementioned purposes.

4.2    By accepting this license agreement, the creative grants to jovoto, subject to the condition precedent of the client's decision to acquire the corresponding rights from jovoto, rights of use to the idea that the creative has submitted to the project, together with all works, performances and activities contained in the idea, and to elements protected by copyright, design and performance protection rights associated with the idea (hereinafter referred to collectively as "works"), for exploitation in all known and unknown manners of utilization, in particular to the extent detailed below. This includes in particular – also in cases where rights arise at a later date – the exclusive, transferable right, unrestricted by content, time and space, and capable of being sub-licensed in parts, to reproduce the idea, and all works, performances and activities contained in the idea, irrespective of whether for payment or not, to distribute them, exhibit, rent out, to publicly render, in particular present, perform, display, make publicly accessible, broadcast, relay via cable or other systems (cable rebroadcasting), reproduce through video or audio medium, to make public via screen, loudspeaker or any other technical device, programs already broadcast or recordings made on the basis of public transmissions or to reproduce in any other intangible form, to edit and rearrange as well as to publish and use any such edited or rearranged form. 

4.3    The aforementioned rights of exploitation for commercial or promotional purposes include in particular: 

4.3.1    The right to reproduce the idea, and all works, performances and activities contained in the idea, in any tangible and/or intangible, digital or analog, form, e.g. through reprography or transfer to analog media (e.g. packaging, promotional material, advertisements, placards, books, stickers, printouts, pictures, illustrated books, books, comics, leaflets, flyers, photographs, photocopies, photo-mechanical processes, posters, magazines, newspapers), through digitalization or any other form of digital storage and to temporarily and/or permanently store on any other known type of data, video and/or video/audio media such as diskette, DVD, DVD-R, DVD-RW, DVD-RAM, HD DVD, Blu-ray Disc, CD-ROM, CD-R, CD-RW, CD-Audio, Super Audio CD, audio cassette, vinyl record, MMC, SD, MS, MS Pro, Flash Card, Smart Card, Secure Digital Card, memory stick, MiniDisc, DAT, hard disk, server, proxy server, USB stick and/or via transmission in the Internet or other data networks or through transmissions or in database systems; in particular this also includes the right to use the idea and all works, performances and activities contained in the idea for company-internal and -external presentations, in company-internal media such as intranet, PowerPoint presentations and for the creation and distribution of advertisements in print media and in electronic, especially online, means of advertising;

4.3.2    The right to distribute or put into circulation the idea and all works, performances and activities contained in the idea in any known way and on all physical analog and digital media independently or in combination with other works, especially in support of a product, and/or to offer these to third parties, in particular to rent and lend out irrespective of the distribution channel and the embodiment, in particular through distribution of the idea and all works, performances and activities contained in the idea on the aforementioned digital or analog media via wholesalers, resellers or retailers, mail order and irrespective of whether by remote sale, electronic transaction, free transfer or free distribution;

4.3.3    The right to transfer the idea, and all works, performances and activities contained in the idea, in any known technical manner and to make them known, and in particular accessible to the public. This includes, in particular, the fact that the idea and the associated works may be stored in digital form in a data processing system from which they may then be retrieved by third parties 'on demand' as a stream or download or any other form as digital signal via wired or wireless media and/or transmitted there with the consequence that the stored data are transferred to the receiving device of the third party where they may be decoded after storage, intermediate storage or immediately, i.e. converted into text, images and/or sounds and made visible or audible. The idea and the associated works may also be made available to the third party in such a manner that he/she may store the idea and the works contained therein and/or parts thereof in his/her receiving device and may access them there repeatedly. Interactive use by way of on demand is characterized by the ideas stored in digital form being made available to members of the public who are not present at the source of where they are made available, and being made available in such a way that members of the public have access to them and can request their transmission at independent times and places even if transmission of the works to third parties takes place at a later point in time than at the one requested. The online right of use exists independently of the form of transmission chosen by the client or its licensees for the use of the protected material and includes, for example, interactive or non-interactive online systems, electronic databases, the Internet, the World Wide Web, social networks and platforms such as YouTube, Twitter, XING, Google+, LinkedIn or Facebook, Apps, IRC or news, file sharing or application service providing;

4.3.4    The right to send or forward the idea, and all works, performances and activities contained in the idea, to third parties irrespective of whether in 'analog or digital' form whether via data networks in the form of subscription or download services (e.g. by streaming, video-on-demand, near-video-on-demand, podcasting, webcasting, simulcasting, IPTV, mobile TV, push services (such as RSS feed, XML interface, etc.) and pull services of all kinds) or via traditional modes of transmission such as public or private broadcast, rebroadcast and repeat broadcast via radio, television and similar systems of communication and reception, electromagnetic waves, electronic devices, wire, cable, satellite, antenna systems, digital means of communications and other technical equipment, whether via the client's own means of transmission or via public or private broadcast companies;

4.3.5    The right to publish the idea, and all works, performances and activities contained in the idea, first in any desired form at the point in time of the client's choosing irrespective of whether on any type of tangible media or in intangible form (e.g. on the Internet), irrespective of whether independently or in combination with other content such as a collection or multimedia work or as part of an encyclopedia;

4.3.6    The right to commercially exploit the idea, and all works, performances and activities contained in the idea, through the manufacture and sale of goods of all types (e.g. dolls, toys, stuffed animals, sports articles, household, bathroom and kitchen items, garments, printed matter including comics, sound storage media, headgear, buttons) and/or to exploit the media listed and described in this sub-section, the marketing of services of all types using the circumstances, names, titles, figures, illustrations or other relationships related to the idea, and all works, performances and activities contained in the idea, including the right to exploit the idea fully or in part through the production and sale of games/computer games, including interactive computer games, and/or other multi-media productions and/or other forms of work and to promote goods and services of any kind using such elements or through edited or unedited excerpts from videos ("merchandising right"); 

4.3.7    The right to modify, edit, combine, arrange the idea, and all works, performances and activities contained in the idea, in any manner, especially through correction and translation into any other language, through extension, conversion, augmentation, adaptation, complementing, through inclusion in databases or by the creation of collected works, through the substitution of images and figures, through changes to the characters of figures, or allowing such actions to be undertaken by third parties, and to publish, exploit, or have published and exploited, the edited or rearranged works in any of the ways described in the above provisions.

4.3.8    The rights granted exist irrespective of the technology used as the basis for the use of the right. In particular, the granting / transfer of rights of use are not bound to the form of data transmission (analog or digital), to the means of data transmission currently used or to the type of end-user receiving device. The client is especially entitled to allow this access via any type of equipment or device that is technically able to call up and/or represent the content provided. Access can be effected in particular with the aid of fixed devices (e.g. personal computer, set-top box for digital TV or Internet terminal) and mobile terminal devices, especially mobile telephones (via WAP, SMS, i-mode and any future standards), smartphones, electronic organizers, so-called personal digital assistants (based on operating systems such as Stinger, EPOC, Palm OS, Windows CE/Pocket PC), in particular via wired connections (telephone networks, TV cable networks, ISDN, DSL, Internet fixed line, etc.), via wireless connections (wireless local loop, satellite, radio [in particular DVB-H], mobile telephone networks [GSM, CDMA, HSCSD, GPRS, 3G, UMTS], wireless LAN) or in the process of synchronization with other electronic devices (e.g. via cable and network connection, Bluetooth or infra-red) and on the basis of various transmission standards and presentation formats (e.g. TCP/IP, SMS, MMS, EMS, PMS, smart messages, DVB, HTML, WML, cHTML, e-mail) in all online services, data and (tele-) communications networks, in particular the Internet.

The client is to be able to use the idea fully and exclusively on a permanent basis and to exploit it commercially, in particular for advertising purposes and across all media.

4.4    In addition to, and above and beyond, the above provisions, it is agreed that, if the creative has created a computer program, only the client will be entitled to exercise any proprietary rights to the computer program after the transfer of rights by jovoto.

4.5    Following the transfer of rights, the client is entitled at its own discretion and without the separate agreement of the creative, to transfer the rights listed in section 4 to third parties or to allow third parties to exercise such rights irrespective of whether in the original form or in an edited form. This applies independently of the content and scope of the license terms agreed with the relevant third party, i.e. irrespective of whether through the transfer of the exclusive right of use or through the assignment of individual or several fully inclusive or non-exclusive rights of use limited with regard to content and/or time and/or space.

4.6    The above provisions also apply in the event that the idea, and all works, performances and activities contained in the idea, have been combined with third-party protected material. If a collective creative work with shared copyright ownership has resulted from the combination of the works with other protected material, the creative herewith agrees to the exploitation of the collective work to the extent specified by the above provisions.

4.7    The use of material covered by open access or open content licensing terms for the development and creation of the project idea is prohibited, irrespective of whether this is done by the creative or third parties. The creative warrants that he will not use such material. 

4.8    The idea will also remain visible on the platform even after being sold to the client. It will however be marked as 'sold (e.g. as 'Client's Choice').

4.9    The creative waives his right to be named as author in the exploitation of the idea. jovoto will work towards persuading the client that the creative's authorship should be acknowledged as author and that he should be named as such in accompanying material in cases where it is not possible to achieve such mention on specimens of the work.

4.10    Where the creative has used material and/or works of third parties in the course of developing and submitting the idea (for example photographs from publicly accessible databases, fonts, sample texts or similar), he also grants to jovoto and to the client rights of use to this third-party material and to these third-party works in accordance with the provisions of section 4.10. The sole exception to this are those parts of the idea that have been identifiably used for illustrative purposes and are marked as such components used solely for illustrative purposes and are explicitly titled as "SAMPLE" or "SPECIMEN" in the idea. Third-party materials and third-party works that are not marked as such will be treated as if they were the creative’s own works. 

4.11    The condition precedent for the granting of rights in accordance with section 4 will be deemed to have been met when the client has made the decision to acquire the rights to an idea of the creative as specified in section 4, the client has informed jovoto of this in writing and jovoto has accordingly informed the creative in writing. jovoto will grant the license rights to the idea to the client immediately after the condition precedent becomes effective and the creative has been informed. 

4.12    jovoto will immediately inform the creative in writing in cases where the client desires a direct license of rights from the creative. The creative and the client can then reach an agreement on the scope of the rights granted – if necessary with jovoto as mediator. jovoto will provide a specimen agreement on request.

4.13    The granting of rights of use in accordance with section 4 remains unaffected by the termination of the contractual relationship between the creative and jovoto and the underlying terms of use.

5.    Creative's Guarantee, Indemnity

5.1    The creative guarantees that he has developed all ideas, and works associated with the ideas together with the individual elements, himself, and that he is the owner of all rights that are necessary in order to grant the rights of use in accordance with sections 3 and 4 and to meet any other applicable conditions. The creative also guarantees that his ideas and associated works are free of any third-party rights. 

5.2    The creative also guarantees that he will not submit or offer any content, in particular ideas or work samples, that encroach upon the rights of third parties or where content is ineligible in accordance with the above provisions. The creative must check whether his ideas and the associated works infringe the rights of third parties. Indications for such contractual infringements are given when, in particular, 

5.2.1    Works subject to copyright, e.g. graphics, videos, photos or text (even when edited or alienated, unless the original can no longer be identified), are used that were not created by the creative himself;

5.2.2    The ideas contain performances subject to copyright or related rights such as live recordings of concerts, plays, circus performances, etc., or parts thereof, or include other performances protected by other related rights such as television programs (including opening and closing sequences);

5.2.3    Third parties have collaborated on the production of the content in such a way that they are able to acquire ancillary copyright, for example for recording, direction, editing, sound engineering, camerawork, etc. unless the persons in question have agreed to the exploitation of the idea created with their collaboration on the platform;

5.2.4    The content includes personal or other sensitive information about individuals or groups of people, unless the necessary consent and/or exploitation rights have been obtained by the creative;

5.2.5    Third parties are portrayed in photographs or videos in such a way that they play a major role in terms of their significance for the photo/video, unless the creative has obtained their explicit consent to the scene and to the exploitation of the results on the platform.

5.3    The creative also guarantees that he is not prevented by any contract of employment or other such agreement from contributing the relevant idea and participating with it in a project.

5.4    The creative will indemnify jovoto from any claims that third parties may assert against jovoto for infringement of their rights as a result of the ideas submitted by the creative. jovoto will inform the creative of any such assertion in writing immediately. The creative will make every effort to support jovoto in preparing a suitable defense. The creative will assume all costs incurred by jovoto in this connection, including reasonable costs for a legal defense. The creative is entitled to prove that the actual costs incurred by jovoto were lower than those claimed. 

5.5    The same applies in the event of claims asserted by third parties when the creative infringes legal positions of third parties, in particular trademark rights or personal rights, or other legal provisions (such as prohibitions contained in the Act Against Unfair Practices – UWG) through the subject of the content, irrespective of the authorship thereof.