Stop TTIP

Help Greenpeace shed light on the dark side of TTIP. €9,000 prize pool

Help Greenpeace shed light on the dark side of TTIP.

Background

The 2015 McGen campaign, which was run by Greenpeace as a crowdstorm on the jovoto platform, is proving to be a success story all round. Coupled with the other huge efforts of Greenpeace, the campaign has successfully convinced McDonalds in Germany to stop using Genetically-Modified animal feed in poultry farming.

TTIP

The TTIP (Transatlantic Trade and Investment Partnership) free trade agreement is currently being negotiated between the EU and the USA. The signing of these agreements will have the following serious repercussions:

  • Freezing and long-term weakening of the EU’s environmental and consumer standards
  • Private companies will be able to take out million-dollar lawsuits against governments of other nationasstates, challenging their environmental and consumer protection laws in private arbitration tribunals  
  • The state, governed by the rule of law, constitutional rights and parliamentary democracy, will be rendered powerless by major multinational corporations
  • Loss of transparency and legal disenfranchisement of the public

TTIP affects everyone – none of us are exempt
The repercussions of TTIP will affect us all directly in our daily lives. The most important and noticeable consequences of the agreement are listed and briefly explained below:

TTIP is a free trade agreement that will not only eliminate customs restrictions, but, above all, break down barriers to trade. In particular, this means that laws and standards will be aligned to facilitate trade and to maximize profits at the expense of consumers and workers. After all, the vast majority of standards are higher in the EU than in the USA. These achievements, the results of many years of struggle and efforts by ordinary citizens, governments and NGOs, face imminent danger from TTIP.

The following aspects are at the foreground:

  • Precautionary principle

In the EU a company has to prove that its practices or products (like coloring agents, for example) are harmless to the environment and the general public before they can be granted regulatory approval to enter the market. As a precautionary measure, countries can also ban products if they suspect them of posing a risk. This measure is based on the precautionary principle approach as set out in the EU constitution. In the USA, on the other hand, exactly the reverse happens. There the burden of proof lies with the consumer: it has to be proven that a product is dangerous to the environment and people’s health before it is banned from the market. This makes it easier for products to gain market entry. As the US economy pursues the goal of launching as many of its products onto the European market as possible, the precautionary principle is at stake.

  • Loss of sovereignty

If the EU and the USA agree to a mutual acknowledgement of standards, in the future Europe will no longer be able to change anything without prior approval from the USA. So there is a risk that existing standards will be put on ice. Despite the fact that European states cannot be prevented from passing stricter environmental or consumer protection laws, under the new agreement many European laws would be in contravention of the provisions and obligations of TTIP and would therefore become automatically illegal and liable for lawsuit. If the EU disregards this, it will be threatened with trade sanctions and contractual penalties to the value of billions. So future laws passed by European states would always have to be adapted from the outset so as not to contravene the standards of the TTIP contract partners. It is highly likely that the lowest common denominator will always prevail.

  • Food

Less protection from dangerous pesticide residues, genetically modified (GM) products and unnecessary, unsafe food additives – the fear is that these and other changes for the worse will become a reality for the food sector. The compulsory labelling of genetically modified foods could also be relaxed. In the future, consumers may no longer even be able to see what ingredients are contained in food products.

  • Chemicals

The REACH regulation of the European Union regulates the authorization of chemicals and in the past has withdrawn lots of potentially health and/or environmentally harmful chemicals from circulation. With TTIP this regulation could gradually be weakened and harmful substances that are currently banned could become permitted again here in Europe. And they could be then be reintroduced into cosmetics, cleaning agents, pesticides and a large number of other products.

  • Safety standards in the automobile industry

It is often claimed that although the safety standards of cars in the USA and the EU are different, they are equivalent to one another. According to studies, however, this is not the case. Especially in the most common type of accident, the frontal crash, American cars are subject to much lower safety standards than European ones. The safety of car drivers in the EU is at stake if these standards are relaxed as a result of TTIP.

  • Cosmetics

Adapted and therefore lower standards in the cosmetics industry would mean that we could soon have cosmetic products on our shelves that contain harmful substances (e.g. hormone-disrupting substances), which are currently banned in the EU. Cosmetic products that have been developed using animal testing could find their way back onto the European market.

  • Democracy/transparency

TTIP negotiations are purposely being conducted very much away from the public gaze. Even EU members of parliament only have limited access to the documents and only very little information is published on the internet. So far the delegates of national parliaments have had no opportunity to view the agreement.
 
The plan of a parallel legal system would give enterprises the opportunity to sue countries in private arbitration tribunals if the companies see their investments as being jeopardized by national laws or regulations. Compensation claims running into billions or laws that have to be revoked could be the result – without the sued countries having the opportunity to have such a judgement reviewed by democratically legitimized courts.
 
The parliaments are losing their influence to a committee that will be responsible for the adaptation of standards before members of parliament have even been given a chance to acquaint themselves with the treaty.

To sum up, TTIP is synonymous with the far-reaching loss of sovereignty of the European Union and its individual countries, as well as of the people of Europe and the USA. Instead, large corporations will increasingly gain power and have a direct influence on the legislation and its implementation.

Who is on which side?

Greenpeace
The environmental organization Greenpeace has significantly shaped and enforced the precautionary principle (according to which the safety of a product has to be proven by its manufacturer). With campaigns focusing on dilute acids, chlorine bleaches and gene technology, Greenpeace has been protecting the environment and people from dangers for a number of decades now.

Politics
In Germany the big coalition of CDU (Christian Democrats) and SPD (Social Democrats) endorses and supports TTIP, despite the fact that the topic is not without controversy, especially amongst the SPD’s grassroots supporters.

Who is primarily responsible?

The most important supporters of TTIP are the heads of government represented in the European Council: in the case of Germany, Federal Chancellor Angela Merkel, as well as the European Union’s MPs. Ultimately, EU governments – together with the European Parliament – will vote whether to go ahead with the deal once EU and US negotiators have come up with a final agreement.

Aim

The aim of Greenpeace as an environmental organization is to prevent TTIP.
Environmental and consumer protection in Europe needs to be safeguarded and it is imperative that a future improvement of the consumer and environmental protection laws is secured. But this is only possible if as many people as possible stand up and voice their objection – after all, there’s nothing politicians fear more than the discontent of their voters. This is why it’s necessary to communicate the complex and multi-faceted topic of TTIP as clearly as possible in a way that everyone understands.

Task Definition

Your task is to develop clear and comprehensible communication tools such as key visuals and slogans (and show how they could look on billboards and in guerilla campaigns), which Greenpeace can use in its widespread awareness campaign to appeal to the general public. This communication should galvanize people to think and act. It is crucial that everyone understands that the negative repercussions of TTIP will affect them personally and directly

Target Group

Everyone – because everyone will be affected

Tonality

  • simple & clear
  • vibrant
  • bold
  • urgent

Mandatory requirements

  • Individual companies should not be directly attacked
  • Individual parties (CDU/SPD) should not be directly attacked
  • Individual people (e.g. Sigmar Gabriel) should not be directly attacked

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 and fonts:

  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, please make sure you clearly highlight the third-party image material

Required file formats

In case your ideas is chosen by the jury to be licensed, you will need to supply the following file formats:

  • open layered file format
  • printable formats (with 300 dpi)

Useful Links

In German:

Greenpeace about TTIP demonstration on 10th October 2015
Greenpeace about TTIP and Fair Trade
Greenpeace about TTIP and Investor-state dispute settlement (ISDS)
Greenpeace about previous TTIP Protests
Wikipedia about Precautionary principle
Wikipedia about International law

In English:

Greenpeace about TTIP
Wikipedia about Precautionary principle
Wikipedia about International law

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 rebels and TTIP fighters,

Today we sat together with Greenpeace for a second time to talk about your ideas and make sure we are on the right track. Underneath I’ve summarized the most important points to keep in mind while you develop your ideas and come up with new ones. Here it goes:

Think Guerrilla Marketing

Greenpeace has a long history of effective and cost efficient guerrilla marketing. If you have a clever poster campaign, how could it be developed into guerrilla marketing? Look around you! How can you use our public spaces in a completely new way? How can something that is normally not used for communication be turned into a powerful tool to make people aware of TTIP? Feel free to push the boundaries here!

Be concrete and relatable

TTIP would affect all of us and if it becomes a reality, we will all notice the difference quite dramatically. Focus on the facts about TTIP that people can grasp and relate to. Like the products we use or the food we eat. Help people imagine a world with TTIP before it becomes a reality! Is your idea abstract and general? Make it super concrete!

Develop a concept out of your idea

There are a great amount of clever ideas so far. The next step is to make sure that your idea has an overall concept that explains your idea in instant. Got a nice key visual? Develop a concept out of it! Thought about a smart guerrilla idea? What’s the main headline that will make sense out if straight away? 

Again! Put pressure on the politicians 

The EU parliament is the institution that will take the final decision on TTIP. We the people decide who will be in the parliament and the one thing politicians fear most is not being elected in the future. They should work for the people who elect them instead for the lobbyists of the big cooperations! Put pressure on the politicians in the EU parliament and make them aware that how they act can affect whether or not they will be elected.

You guys are doing a great job so far. It’s such a pleasure to see all the effort being put in to this important cause. And don’t forget to give each other feedback, remember that there’s 200€ to be earned if you win the feedback award. 

Looking forward to see your ideas develop during the next 10 days!

All the best,
Olof

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Project terms

The following Project Terms are the legal basis for your participation in this project.

In §3 we define the rights that you pass on to jovoto when you submit an idea.

In §4 we define the rights that you pass on to the client. From §4.2 onwards, you find the details about which rights you pass to the client once the project is completed if they decide to license your idea.

In §5 you will find important points on what you will be held responsible for (like respecting copyrights and clearly marking all third party material in your submission).

Project Terms for Public Project "Stop TTIP"

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

PLEASE NOTE. IMPORTANT

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

PLEASE NOTE. IMPORTANT

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.