Opportunity or risk?

ver.di wants to hear your opinion about the opportunities and risks for creative crowdworkers. €5,000 prize pool

ver.di wants to hear your opinion about the opportunities and risks for creative crowdworkers.

Background

Crowdworking
The outsourcing of work is nothing new in the creative economy, unlike in other industries. It is therefore unsurprising that especially in this sector, many digital platforms have sprung up, serving as an interface between companies and crowdworkers. Through a structured process they present their results to the client and also handle the remuneration and licensing of the results that are selected.

While most traditional fields of work in Europe have binding agreements, rules for fair working conditions and regulations for employers, digital crowdworking platforms operate on the principle of self-regulation. As it currently stands the transparent nature of crowdwork, the voluntary participation of creative workers and the still manageable (in terms of size) niche market, there seems to be no need for urgent action. However, since predictions for the future of work all point to crowdworking becoming more widespread, it’s worth shedding a light on the mechanics as well as the opportunities and risks inherent for the contractor within this business model.

ver.di
ver.di (Vereinte Dienstleistungsgewerkschaft or United Services Union in English) is the largest trade union in the German service sector and the second largest trade union in Germany. As an affiliated workers’ union in the Deutscher Gewerkschaftsbund, (the German Trade Union Confederation, or DGB for short) with over 2 million members from more than 1000 professions.

Aim

With the goal of entering into a constructive yet critical dialogue with crowdworkers, ver.di is launching a crowdsourcing process with jovoto.com. As a first-mover platform for crowdsourcing of creative services and one of the most sustainable and experienced platforms worldwide, ver.di will get direct insights into the opportunities and risks of crowdworking from you, the jovoto community.

Task Definition

The task is divided into one subjective and one objective part. Please complete both parts in full. Submissions that are not complete, i.e. in which one of the two sub-tasks has not been fully completed, cannot be taken into consideration for the Jury Award.

  1. As a crowdworker on jovoto, you have the valuable insights on crowdworking. Visualize the opportunities and risks of being a crowdworker in order to help ver.di and its stakeholders understand the possibilities and challenges of crowdworking. You can present your idea in any format (i.e. video, illustration, infographic, poster etc.). 

Your creative visualization might be used by ver.di in their communications (i.e. their website, prints, online etc.). The exact use and channel of communication is not yet decided upon, as it will be inspired by your ideas.

  1. Please answer the questionnaire created by Prof. Al-Ani (HU Berlin) in cooperation with ver.di about the opportunities and risks of crowdworking. The purpose of this part of the task is to collect and assess comparable and evaluable responses from as many crowdworkers as possible. Prof. Al-Ani and ver.di hope to gain interesting and reliable insights from your experiences of  crowdworking.

The first time when you submit an idea, you will need to fill out the questionnaire. You won’t need to fill it out again for your next submissions.

To access the questionnaire, please follow this link for English or this link for German. In the questionnaire you will be asked to fill out your unique ID number linked to your first idea. With that ID you confirm the completion of both tasks, and it allows us at the same time to keep your data strictly confidential. In order to obtain your unique ID number, just follow the instructions in the questionnaire.

Target Group

Primary target group is: You! You and the other creatives on jovoto are at the central element of the crowdsourcing process. You understand what it means to participate in crowdstorms, you experience the process first hand and you are aware of the opportunities and risks involved.

Second target group: The public who, with the help of your design(s), should gain a better understanding of the real potential and emotion of a crowdstorm.

Tonality

  • Personal
  • Honest
  • Constructive
  • Authentic
  • Informative

Mandatory requirements

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 clearly highlight the third-party image material.

Required File Formats

In this project you have the freedom to decide in which format you will provide your visualization, in case the client wishes to license your idea.

Useful Links

ver.di the German Trade Union Confederation
Innovation for Good Work
ver.di Initiative for IT-Sector
Questionnaire (English)
Questionnaire (German)

Legal Overview

Here is a brief overview of what is particularly important to be aware of:

1. When entering an idea for a project, jovoto as well as the client, may display, share and print it for evaluation or presentational purposes.

2. There is a six month exclusivity period:

  • in which you may publish and share your idea on other websites or social media and ensure it is clearly labelled as a submission created on jovoto.
  • in which you ensure that the client is able to exclusively license your design.
  • after which you may offer your submission to others and publicly display it (without the clients logo).

3. Please ensure that you have noted any and all third party material you used - including the source where it can be found.

4. When uploading an idea you agree to jovoto's general terms of use as well as the specific project terms (see under the brief).

5. The project terms not only clarify rights for your upload as well as the details that go into effect if and when you are informed that the client wishes to license your design.

A word from the Project Guide:

The ver.di Challenge – The Risks and Opportunities in Crowdworking from jovoto on Vimeo.

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 all,

We’ve had a wonderful call yesterday with ver.di. They want to send you a big thank you message – for your eager participation, and your open heart. So, thank you everyone for your comments and submissions so far!

Although a lot of submissions are still on their way and much is still yet to see, they already have a good feeling about this challenge and are happy to be able to learn valuable insights from the content of your submissions and from the discussions that some ideas have sparked. And of course the experience of the crowdstorm process in itself is very rewarding to ver.di.

They are aware that this is a complex, abstract task and they are impressed by your ability to break it down and present it clearly, in concise and clever metaphors.

They are also aware that it is a personal task, that needs introspection (time). It is a task that is asking for your subjective view on crowdworking – so, there is no right or wrong in solving it. What is important is that you communicate your perception & experience as a crowdworker in a creative and comprehensive way.

ver.di would like to encourage you to also share with us some of the strategies you have discovered are helpful in order to optimize the opportunities and to reduce the risks, so that you can have a successful crowdstorm experience. For instance, if you think that your idea might get copied, what do you do to try to avoid that? Or, if you really enjoy feedback from your fellow crowdworkers, what do you do to get more valuable feedback on your idea?

With 3 more weeks to go, we are all curious and excited to learn, hear and see more. With every word and submission we dig a bit deeper into your experience, and that’s pretty unique. Thank you for contributing to the future of crowdworking.

Hugs from Berlin,

Diana

Comments

Show older comments (13)

Dear all crowdworkers,

I am very happy and excited to be guiding this project. It's pretty cool to have ver.di on-board, starting such a great conversation on the topic of "crowdworking" and fairness.

The challenge is pretty straightforward – what are the risks and opportunities available through crowdworking? You are free in your imagining and presentation. It can be a very information-driven or very abstract result. The important thing is that it communicates perfectly what you want it to communicate. And that it speaks to the general public too, not only to researchers or artists.

To be considered for the Jury prize you must complete both of the tasks. In that case, this is how you'd work: You upload your first idea which has a unique ID number, you copy that ID number, then you go to the questionnaire (in the language of your choice), you paste the unique ID in the first question and then you continue the questionnaire until the end. Next time(s) when you upload a new idea, you don't need to do that anymore. Because you have already filled out the questionnaire and our system recognizes that.

If you don't want to submit an idea, and still want to give us a hand, then, first, thank you very much for that. And second, here are the links – [questionnaire in English](https://docs.google.com/forms/d/1SRY923e9nYfYlB0F1gzkwbUCMT-Xw-Dy5tAKs-IbAPw/viewform?usp=sendform), and – [questionnaire in German](https://docs.google.com/forms/d/1FizEmqfTndBb4uXoyFiKMhfE2p66hiF-YTmY8Nrdew/viewform?usp=send_form).

I am looking forward to your ideas and questions. Don't forget about the Best Feedback and Best Collaboration awards, where we give a prize to great, constructive comments on ideas and to team ideas - learn more about it here.

Hugs, Diana

I do not understand the intention of ver.di. Can you explain what they will do with our answers? Will they fight for our rights? Do they want to call us to go on strike to get our rights? I do not see a goal in this, but maybe I think too far away from the task? :)

Hahaha Ramona…go on strike! :)) As I understood ver.di will go in her ( ich glaube sie…die Vereinigung) next step preparing the future of crowd working people. Therefore they need our help to mark the problems of crowd working and define the rights. Bislang ist das Internet win relativ rechtsfreier Raum. So würde ich das jetzt mal sagen.

Es gibt doch aber schon soooo viele Berichte, Auswertungen und Studien über das Thema. Die Problematik sowie auch die Vorteile sind doch schon bekannt.

To be honest I also did not get 100% what it has to be done, what is expected (besides of filling out of a questionnaire)?! Is there a description in German?

Hi everyone,

Thank you for checking in on this one. Will you please be kind to check my reply to oxelot just below this comment? Thank you. Is that helpful enough? Unfortunately we do not have the brief in German, only the questionnaire.

DENKdifferent, you are right, there might be papers and articles on the pros and cons of crowstorming, but ver.di wants to ask and to arrive to their own answers and experience themselves a crowdstorming, its excitment, its edges, and its evolution into relevant results.

As to what exactly is planned for the data collection from the questionnaire, I will get back to you on that one.

Have a great evening and please ask ahead until everything becomes clear to you.

Diana

Not getting the task quite well. So it's two parts: one is to fullfill the questionaire, ok; and the other one is to submit a complain to the platform?

And so, the best complain wins?

Hi oxelot,

Thank you for checking in on the task. Yes indeed, there are two parts. And yes, one part is the questionnaire.

The other part is a representation of your experience working in a crowdstorm. I will try to explain it better – most of you (the creatives), until crowdstorming, have been working either as a freelancer, in an agency, or you had an agency of your own. Those are the traditional ways of working. Crowdstorming is a new way of working (it uses a digital platform, the creatives are numerous, etc. - you know better than me..). So ver.di would like to understand what risks and what opportunities (you can also call them "challenges") you have come across when working in a crowdstorm (rather than working maybe in the traditional ways), so the goods and the bads, from both experienced and beginner crowdworkers.

Because we all know that it is a different way of working. So if you only see risks (bads) in crowdworking, then your representation would be a complaint. But I am sure it's not only that.

Please let me know if it is clearer now. Otherwise, I am happy to help further.

Hugs, Diana

Ok, and what would be the criteria to rate these submissions? the best complain? the best challenge? the more optimistic view like "we have this problem, BUT on the other hand we have this oportunity"? I have already a list of "complains" and a list of "challenges" should I submitt all of them in one submission?

Dear oxelot,

This is a very good question. Thank you for bringing it up. The purpose of the project is for ver.di to understand if and how a regulation of crowdworking makes sense. Or at least make the first step in that direction. So, the criteria is to have an good overall understanding of crowdworking.

Therefore, although without having yet seen your work yet, I would say put all topics in one submission - so that it offers an overall understanding of the crowdstorm experience as represented by you.

However, if there is a topic that always comes into your mind when you think about crowdworking (just for the sake of example, let's say the topic is - contact with the client) - then of course you can just focus on that topic instead of the whole process.

I hope this helps.

Cheers, Diana

It does help! Thank you Diana. I think it is clearer now and now we can have some certanty when rating & avealuating the submissions.

Dear wonderful crowdworkers,

It is a very sunny day here in Berlin, so we decided to make a video for you. Enjoy and please ask ahead if you have more questions.

Hugs, Diana

Dear crowdworkers,

The Halftime Feedback is happening already tomorrow. This means that if you submit by then or if you have questions, the client gets to take a look and give us direct feedback on your idea or on your questions. So go ahead and upload your work. We love each and every submission that you enter in this contest. It is like a gem of your inner life as a crowd-creative.

Have an inspired day and much love from Berlin, Diana

Dear crowdworkers,

We've just posted the Halftime Feedback. Please read it, you'll find it right under the brief. Short spoiler alert: ver.di is really impressed with the whole process and content so far, and sincerely excited to see what else you will come up with. A big thank you from them!

Sending you great vibes from the jovoto HQ! Diana

Hello! Not sure how relevant that would be, I just checked in these comments and thought I share my point as well. Since we are talking about Crowdworking is future however that sounds interesting there are risks involved. There are Crowdsourcing Platforms where you see contest closed without winners getting announced which has been mentioned in the earlier comments too. It happened so with me where I participated and won the Contest. Post which you are supposed to hand over the final files which was done. After a week the client came back that he wanted changes and I did work on them, a week later he asked for more additions and a week later he asked something else be added. So I went almost a round of 5 Modifications even after the Contest Winner was declared and for 2 months I had tough time chasing the customer online through the Crowdsourcing Platform, and I finally lodged a complaint to go social about the Platform and after which I received my payment. These kind of issues make the designers lose trust on the platform and actually takes away the joy of working on a project online, for you do not know whom to contact and what legal steps you need to initiate. Besides, the Project Payment is almost on the lower side as compared to the one's you get when you go through an Art Agency. I think it would be good, if there is a CrowdSouricng/Working Platform which works as an Art Agency, where Designers.Artist can easily connect with almost like a Relationship Manager, who handles all the project related stuff right from the start to the end. And instead of creating contests it would be great if there an online portfolio space where you place your design and art style and your relationship manager helps you get contracts from the Client if that matches your design style. These is a need to modify the CrowdWorking Platforms if it really needs to be the future.

Dear kaurne09,

Thank you for sharing your experience. So, the platform did not take over the risk of securing your payment and was not transparent about the workload. And then only the social pressure made them give in. This is why sharing these stuff is so important for the future of crowdworking if we want to have a future for it. All this can be avoided legally (with specific contracts for the specific digital working space of crowdstorming) and technically (where the process and the platform creates an environment and process supportive to a fair and transparent process for both creatives and clients).

The type of platform that you mention in the second part of your comment exists in some shapes and forms, but that is a different agency and has a different purpose – which isn't to leverage the power of crowdstorming.

Thank you for the conversation.

Hugs, Diana

Thank you so much Diana, for getting this right, was little worried it would be taken wrong. Yes such platforms are in existence, I would not like to name them. Securing the payment in one part besides if you review any such crowd sourcing site you will find, some mention as Payment Guaranteed, which implies for sure someone would be chosen from the participants and other which does not mention Payment Guaranteed, therefore it means, there is so guarantee participants would be paid, though possibilities are your idea is being stolen and pretty much launched in the bigger world. Also there are some sites which offer Projects and Contests, Project where you share some initial samples and post all discussions which is through the platform itself, you start the project, and submit the same however there is till no guarantee of getting paid. Others which are Contests of course work the same as mentioned in my earlier statements. There is a need to make such Platform more Artist/Designers friendly, which understands the worth of the art created. A Brand Logo is created once and, the impression that it leaves on the mind of a consumer is when you really understand the real worth of the design being created by the Graphic Designer.... :)

Thank you again for sharing your thoughts with us. They are welcomed and inspiring.

What is the methodology ver.di is going to use to analyze our feedback - a SWOT analysis: http://www.businessballs.com/swotanalysisfreetemplate.htm ? I could do a SWOT analysis, if you don't mind. Then the designers could implement visually the ideas from the texts.

Dear landofdreams,

We don't know yet the methodology that will be used by ver.di. If you'd like to do so, you are more than welcome. I am already curious.

Hugs, Diana

Als erstes frage ich mich, warum es bei einer DEUTSCHEN Fima wie Ver.di nichteinmal die Möglichkeit gibt, die Sprache hier individuell anzupassen, da mir viele verwendete Begriffe als Deutsche leider nicht in der Schule beigebracht wurden. Ich finde es extrem mühsam, das Brifing zu verstehen und hätte es schöner gefunden, wenn eine Deutsche Firma auch einen deutschen Text zusätzlich anbietet. Das ist aber nur eine generelle Problematik dieser Plattform hier, die mir null gefällt.

Zum anderen kann ich die Grundfrage bzgl. der Probleme beim crowdsourcing ganz schnell in wenigen Worten beantworten:

1) UNGERECHTES Votingsystem, das diejnigen bevorzugt die eien großen Freudneskreis haben, der für sie entsprechend positiv votet und die Konkurrenz entsprechend nach unten absichtlich votet :(( Es gibt bei dieser Art des gegenseitigen "Bewertens" keinerlei OBJEKTIVITÄT und das ist grundsätzlihc shconmal GANZ mies, sorry. Von mir wird es hier solange KEINE Entwürfe merh geben, bis hier wirklich objektiv bewertet wird oder ALLEIN nur die jeweilige Firma entscheidet, wer die Ausschreibung gewinnt.

2) AUSBEUTUNG denn die meisten Desigern hier werden leider für ihre harte Arbeit hier NICHT bezahlt, sondern müssen ständig völlig kostenlos arbeiten !!! 3) Das ist für eine Firma wie VER.DI nun wirklich unwürdig, sich so einem System hier auch noch positiv anzuschliessen und sogar selbst noch ihren Wettbewerb so auszuschreiben. SEHR SCHLECHT und völlig inakzeptabel :((( warum unterstützen Sie so eine AUSBEUTUNG auch noch? Ich dneke sie treten für GERECHTE Löhgne ein ??????

Mit freundlichen Grüßen, Y. Onischke

Die Schreibfehler sind hoffentlich entschuldbar, da ich als Autistin nicht immer stundenlang meine online-Texte erstmal korrigieren kann. Wenn ich Kundenaufträge bearbeite, gebe ich mir natürlich mehr Mühe, weil ich dann ja bezahlt werde.

Thank you yomaart, for your analysis and observations.

I will chip in to say that at jovoto we try to make sure that voting manipulation doesn't happen. We have an anti-cheating algorithm which we have been improving for 8 years now, and each project guide goes personally through the votes for each project after the voting period has ended. So, it is highly unlikely that cheating happens. And we are constantly improving the monitoring process.

However, we do understand that trends of behaviour (what you call: circle of friends) can happen in Crowdstorms and this is something worthwhile thinking about because it is unique to this type of working. Great conversation!

/Diana

Dear everyone,

There are two days left until the end of submission period in this Crowdstorm. We've have gathered amazing discussions and wonderful submissions. These are the last two days for you to wrap up your submissions. Don't forget to answer the questionnaire in order for the idea to be considered for the Jury Prize (please find the link in the Brief).

A wonderful evening! Diana

do i have to fill out the questionnaire more than one time if i have submitted more than one idea?

DENKdifferent is correct. The answer is "no".

Cheers, Diana

so now it´s rating time only. when do you decide about my status? because right now my "ratings are under review and are currently not factored into the overall rating score"

Dear kuesti,

As already shared with you, if all good, your ratings will be reactivated during the monitoring period (which is the period after the voting period).

Cheers, Diana

Wonderful crowdworkers,

Thank you for submitting, commenting, browsing and for keeping the vibe going.

All that is here is brilliant submissions – as they show some or all the corners of a personal Crowdstorm experience, and that is priceless. However, we must still vote. Be fair and give it your best shot!

See you - on the other side in one week.

Much love, Diana

Dave Gray, the author of 'The connected company' and Strategyzer.com just anounced that they have released a brand new tool for mapping, evaluating and improving company cultures. You could try it here: http://blog.strategyzer.com/posts/2015/10/13/the-culture-map-a-systematic-intentional-tool-for-designing-great-company-culture It would be interesting if it could work for crowdsrotms, considering our feedback here in this contest.

Interesting thought. Thank you for sharing it. Cheers, Diana

Dear ver.di, dear Diana, dear community!

I really enjoyed the ver.di contest because it motivated me to read into the topic of crowdworking and to look at it in a critical and constructive way. At the same time, I found the time period of six weeks quite short, especially so for those working full-time 'on the side'. I believe that a few additional weeks could have significantly increased the number of entries. Diana - thank you for being such a commited and friendly guide! 'Crowdstormers' - I wish you luck in this as well as in future contests :)

Una

Dear Una,

I really enjoyed reading your thoughts. Six weeks is out standard timeframe for public projects. Good to know that that might not be enough time for the creatives who work full-time.

Have a great Monday! Diana

I think six weeks are enough :) I also work full-time. And on jovoto I work in my "leisure time" or at night. And it's even better if you don't have to wait too long to get money. In case you win or sell an idea. ;) Another option is that jovoto and the client pay their money in advance... hehehe :)

Thank you, DENKdifferent.

Dear Diana, dear DENKdifferent,

At first I thought that six weeks would be more than enough, but my family seems to have cut the time short :P Prior to the ver.di contest, I took part in the Victorinox contest and probably got used to the abundance of time we had there :) What made the ver.di contest more time consuming was that it required more thought and research than 'just' a design, because the outcome, a communication concept, had to convey substantial content. I think this was also the reason for the relatively low number of participants...

Hey Diana! How will you choose the Best Feedback award in this case? Because every comment is everybody personal opinion. It is difficult for me to decide which comments helped the artist... Do you understand what I mean? I cannot decide, which comment is it worth to click on the "Helpful-Arrow"... :)

And another question: Is the Best Feedback about the best "Comment" in the complete project or is it about the creative, who gave many feedbacks and therefore get many likes? Means do you count the likes on ONE COMMENT or do you count the numbers of likes of ONE CREATIVE to find the winner?

Dear DENKdifferent,

It is a good question. We haven't yet decided. Hopefully we will find a fair and interesting winner for us all.

I will try to answer the second question. In one Crowdstorm, we count for each person how many likes he/she has received in total (so, for all their comments). So, to follow your question, it is the creative that is awarded, not a comment.

Hugs, Diana

Hey there :) Here something to smile for you all. I think it fits perfect to this project and explains perfectly the situation of us. https://www.youtube.com/watch?v=essNmNOrQto

Thanks to people like actor Chris Locke (one of the authors of this video) the problematic of specwork gains in publicity.

Ha ha :)) Thanks for sharing, Ramona! Great video!

Cool stuff. I saw it a week ago too - on Facebook. :)

hehe great video, Ramona;) I instantly remembered hearing this joke....actually it was a true ad on craigslist!! The situation described might be familiar to us...

Craigslist Ad: We are a small & casual restaurant in downtown Vancouver and we are looking for solo musicians to play in our restaurant to promote their work and sell their CD. This is not a daily job, but only for special events which will eventually turn into a nightly event if we get positive response. More Jazz, Rock, & smooth type music, around the world and mixed cultural music. Are you interested to promote your work? Please reply back ASAP.

A Musician's Reply: Happy new year! I am a musician with a big house looking for a restauranteur to come to my house to promote his/her restaurant by making dinner for me and my friends. This is not a daily job, but only for special events which will eventually turn into a nightly event if we get a positive response. More fine dining & exotic meals and mixed Ethnic Fusion cuisine. Are you interested to promote your restaurant? Please reply back ASAP.

;)

Thanks to people like actor Chris Locke (one of the authors of this video) the problematic of specwork gains in publicity.

New research from Google and Yale shows pretty interesting facts about what motivates the people when they do their jobs. The researchers claim the companies should let their employees have autonomy and design their own jobs! It's worth reading: http://www.inc.com/jessica-stillman/why-you-should-let-your-employees-design-their-own-jobs.html?cid=sf01002 I think they reaffirm the pros of the crowdstorming we discuss.

Nice, thanks for sharing this one landofdreams, will have a look!

Best, Olof

Dear all,

A huge thank you for all your creations and ideas shared with us. With this Crowdstorm, even more than with the other, we have learnt more about what makes you tick! Today we are happy to announce the winners.

The Community Awards go to:

7) Stay or Fly by Jed

6) As A Stock Market by orangerender

5) The Market by team oxelot & DENKdifferent

4) Gambling by stephanlaubert

3) Walking on Eggs by DENKdifferent

2) The Risk of Learning for Winning by orange render

1) The Way of Success by team Mariya Vasileva & gusmonk Mariya Vasileva & gusmonk also take home The Best Collaboration Award, with the highest ranking team submission – The Way of Success. It was great to see the evolution of your idea draft into something so spectacular. A big bravo goes to the other five teams as well!

The Best Feedback Award goes to wolkersdorfer. We know that this was not the typical Crowdstorm - here, the comments about the topic of the ideas submitted were as important as the comments to help improve that idea. (Eva) wolkersdorfer managed to do both very well. And even if she did not submit an idea herself, she followed the challenge very closely out of pure curiosity. Thank you, Eva for your great presence in the Crowdstorm.

And finally, last but not least, the Jury Award goes to Energy. Our fellow creative Cy_ really nailed down crowdworking in this visual. We are very curious ourselves how ver.di will work with it and share it with the world. Cy_ has also submitted no less than 6 ideas in this Crowdstorm, so we want to thank him for the strong contribution.

A big round of applause to all the submitters.

Have a great day, everyone!

Diana

Congrats to all the winners !!

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 "Opportunity or risk?"

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.


6.    Deliverables

In order for your submission to be assessed, you must have completed both parts of the task.