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View Full Version : ALIENWARE Challenge Entry: AJ Jefferies


AJ
10-21-2003, 05:55 PM
** A NOTE TO ALL PARTICIPATING **

I have searched through the FAQ and other's posts relating to the current challenge and I have not found (definitive) reference to a personal (and professional) matter of concern - namely the giving of rights to both Cgnetworks & Alienware...

As you may be aware the entry guidleines state the following :



quote:
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By submitting any entries to the Alienware Challenge, artists are giving full, exclusive rights for Alienware and CGNetworks to use the material for marketing purposes. Artists retain ownership of the material and are allowed to use it for personal promotional purposes only. i.e. Alienware and CGNetworks may use your entry with credits to the artist, but you still own the material and can use it in your portfolio. You cannot sell the rights to anyone else commercially.

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Which is explained in further detail in the FAQ :


quote:
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All artwork submitted for the Alienware CG Challenge, including WIP's are automatically given rights for Alienware and CGNetworks to use for marketing purposes. This is documented in the terms and conditions presented during the challenge entry and submission process.


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Despite being clearly stated - the ramifications of the above statements may not have been acknowledged by all taking part. Since all companies involved are legitimate businesses and cgtalk itself is a forum for professionals, the following is intended solely as advice and information to those involved.

By giving CGNetworks & Alienware exclusive rights to your artwork, you have entered into terms that allows all content created by you (for the challenge) to be used by the two parties as they deem fit - with no money returning to you, the artist.

Obviously the arguement could be put forward that the promise of winning 1st, 2nd or 3rd place is payment in itself. However, with 253 current entrants at the time of writing that's 250 people who, no matter what - will recieve nothing. And yet that's 250 peices of artwork

Essentially, the current guidleines for the challenge are a contract to create a piece of artwork, into which any number of people may sign into - yet only 3 may recieve anything in
return. I know this is seemingly a particularly cold way to look at things - but as I have said, the likes of Alienware are a professional business - with print/web/media campaigns... Artwork is something they are used to paying for. What this is giving them is a platter of work/ideas/images to select and choose as they wish, with no benefit to those except the winning 3 places.

To put very bluntly : Enter the competition, and they get all of your work regardless of winning.

Obviously the arguement could be put forward that the promise of winning 1st, 2nd or 3rd place is payment in itself. However, with 253 current entrants at the time of writing that's 250 people who, no matter what - will recieve nothing. And yet that's 250 peices of artwork that can be used in any manner CGNetworks/Alienware choose.

I know that some of the responses to my post will be those of "You shouldn't enter if you don't like it" - however I would prefer it if those who are not necessarily as savvy as others were aware of the situation they are entering, so I am trying to explain it a little further...

(I have no doubts that many of you were/are aware of this already - but I wanted to make sure that those who might not have understood, understand.)

That's all!

AJ

JamesMK
10-21-2003, 06:02 PM
Whoa, AJ - I wanna see 'Steve' defying the laws of physics now :D

road
10-21-2003, 07:23 PM
I didn't quite think about it the way you put it...
Thanx for putting this into perspective.

JamesMK
10-21-2003, 07:34 PM
Hmm... Sure, I've already figured that there would be a general giving away of publishing rights here - but you do give it an interesting twist....

Let's say that by the end of january there will be at least a minimum of 100 high quality images, which are entirely useable, free of charge, for the challenge organizers...

If one wants to be nasty, that means this is a great way to get a load of artwork, royalty free, for say not more than 10 bucks a piece... :hmm:

halo
10-21-2003, 07:35 PM
take it up to GD guys, im sure there are others who would like to enter but aren't too keen on the catch if you dont win.

ilasolomon
10-22-2003, 01:07 AM
Now I've found out why the topic is an 'Alien scene' ! ;) for further marketing purposes, very clever move. I think it's not bad at all, but they might give away more prize! :p for example Canon is doing such a thing (Canon digital contest), and they give total $100'000 prize. (four $20'000 for first places in four category)

(now I think I should be more careful when I sign-in something in web, must read all 'agreement' staff before! this time I was lucky, next time someone would own my soul. LOL! :D)
Anyway, the Expose thing was somehow the same. the artists got the book cheaper as their royalty! ;)

urgaffel
10-22-2003, 05:14 AM
Ah, good thing I didn't sign up. Although I like creating environments, I have an extreme dislike of giving away rights in the vague hope of recieving anything from it. And while the exchange and learning process is nice, I can't say I like the idea of Alienware and CGNetworks recieving at least 200+ submissions to play with. Leaves a bad taste in my mouth really...

Alfred_Newman
10-22-2003, 05:44 AM
If an entry doesn't win, they'll use it anyway? What a contest!

brkn
10-22-2003, 06:10 AM
Yeah, they're basically getting their new ad material done at a really cheap rate. There's no way you'd get that amount (100s?) of professional quality images from a proper design/art studio for the cost (to them) of what they're giving away. What' interesting too is that it's an exclusive license. i.e. you're not able to use your own image for other commercial work like selling it to someone else, maybe even things like publishing it in a book.

Of course nobody's being forced to enter so it's not a terrible thing. People should be aware though.

milagroman
10-22-2003, 06:46 AM
could we lobby for a rule change to include a statement to only give rights to the three winnners?

i would find it highly unfair if one day i recieved a brochure for alienware products containing an advert with my (hypothetical) 4th placing image on it and i got nothing in return :thumbsdow

Nlafakis
10-22-2003, 07:04 AM
Think of it positively guys. Yes they can use your artwork to make money, but not without mention of you as the artist. What does that equal... FREE publicity for you to anyone willing to look. Why do you post work online? Anyone can rip through posts here and steal your work from here too, but you'd never hear about it. At least with honest companies like CGTalk and Alienware, they will make sure not to cross legal lines and make sure to mention your name where ever your work is seen, which for most artists is a great honor. I would think any artist would want this kind of possible recognition. I for one don't care how much they make off of me (assuming my art is worth anything... which its not), but at least I'll know that I'm getting more exposure that I want as an artist anyway.

Think about it this way...

Its just like Napster, Kazaa, or anyone of many file sharing networks. Your work as an amateur (some of you are pro's) is getting seen by thousands of people. Your getting the type of exposure that you'd normally have to pay for. Companies are looking, prospective employers. Don't just think of this competition as a way to get a new computer... If you are thinking that short term, then I guess you have room to complain...

Meko
10-22-2003, 07:32 AM
i agree with shin_iori


its free publicity. sure they get free images, but there obviously gunna use the "best" ones.... and those r gunna b the ones that make 1st 2nd and 3rd place. its not like there gunna put 200 different adds out thats too much$$ for them. theyll do a couple adds many times.


also why r u gunna complain, sure they gey the images to maybe use at some other time, but think of it this way, two Good companis.

who would an employer hire
"one of my images can be seen in a stumpysam studios add"
or
"one of my images is used in a alienware add"


also is EVERYONE has beef with the situation alien ware would prolly agree to only the top few getting used.

i dunno thats just what i think, maybe im on crack =)

elvis75k
10-22-2003, 07:41 AM
Impressive! I've carefully read your notice and i've been think about you. My verdict (without sentece) is that i still put all my progress here. cg|Talk help me a lot and maybe my artowork will be a present that i can give to the FORUM. No matter if someone will gain billions with my work, and i think that it's very interressing to put in a personal portfolio the notice that you has made for free A STILL FRAME that bring ALIENWARE to the TOP of the chart! - i'm not shure that you can read my bad english; anyway i'm here to show what can i do and to encourage other artist - STOP with JOKES and controversy, stop buggin' the most attended Challenge! --

Last word: i'm in the challenge for the first time... maybe at last i'll give all my best for nothing... but WHO CARES??

milagroman
10-22-2003, 12:24 PM
does it mean that we ourselves cannot sell any artwork in this competition for fear of being sued by alienware? i know its a bit far fetched but in this day and age it could happen.

im just checking out what i can and cant do once this competition is over.

say im not in the top three (which is most likely as 99% of us will be) and i sell my artwork as an original poster or t-shirt design. can alienware sue me because of this? not that they would bother and not that anyone would buy anything off me lol but still im curious :) 3 months of my life is a long time to give up if im just going to have headaches in the long run.

peace everyone im just wondering what ya'll think?

halo
10-22-2003, 01:02 PM
say im not in the top three (which is most likely as 99% of us will be) and i sell my artwork as an original poster or t-shirt design. can alienware sue me because of this?

the way the terms exist, yes, you will be breaking the copyright you gave them of the work you created...you could argue that its selfpromotion, they could argue its commercial expoloitation....will it happen? dont know, but it could. Should it happen? no, not if everyone plays nice, or if they relinquished the rights issue for non winners.

ZrO-1
10-22-2003, 03:48 PM
AJ, you make a very valid and important point.

I personally am willing to trade the rights (though not the ownership) of this piece for any possible publicity and recognition it might get me. Heck we can still use it in our portfolios/demo-reels...just can't sell it to someone else. For me that's no biggie. I'd rather have the "impact" of having a comercial piece used by a recognizable brand-name company in my portfolio than the exclusive rights to the piece...again, as long as I still own it.

I do want to say thank you though for pointing this fact out.
If ownership and exclusive rights are important to anyone here, they probably should not enter the challenge.

Vushvush
10-22-2003, 07:37 PM
Wouldn't it be nice if they went out and actually hired someone to perform this job for them?

Publicity is great, but if all you ever get is publicity and another demo real piece ..........:shame:

This is sad....

LucentDreams
10-22-2003, 07:51 PM
Whoa guys, welcom to the real and rpfessional world. Almost all Contests and schools are like this. Heck a lot of places you apply to while not reserving rights to your work, will reserve the right to use your work upon hiring to promote what they look for ina portfolio and such. Happens all the time, its simple standard legal garble. You enter a commercial contest anywehre and the companies involved get the rights. Kids drawings entered into post office contests all the way to winning performances of songs on american Idol, you name it.

If its that huge of an issue don't participate, but one work that you don't own the rights to is not the end of the world.

Also note that it is the right of the images included in the contest not the models or creative content, you are free to continue producing work basedon the same ideas elements, but not the images themselves. Donm note in the contract theyalso provide permission for you to publish in your portfolio, simply not for commercial gain. That basically means no selling a poster of your image, or an animation of that image. Its not really going to harm you, I mean how many of you have profited commercially of a challenge entry. Usually you use those pieces in a demo reel or portfolio, which is fine and within legal rights of the submission agreement for the alienware challenge.

Don't blow thing so out of proportion.

AJ
10-22-2003, 08:21 PM
Kaskai - I don't think it's blowing it out of proportion when Alienware, can in theory, gain hundreds of pieces of prospective advertising artwork (at print resolution) for the cost of a $6500 computer.

The 'real and professional world' doesn't operate on a "Give us 400+ images and we'll pay for 3" scenario.

For those who aren't aware - this has been and can be discussed further here:

http://www.cgtalk.com/showthread.php?s=&threadid=96405

lambros
10-22-2003, 09:05 PM
Look, there are definately cons and pros, but... I think that most of the artist are mature professionals who deal with copyright issues along their career. Ok, the legal entities that will acquire copyright of all work will sure earn more that it will cost to them, but as I see it, what we get is the motive to create, train and compete. Not bad, not bad at all

crazybread
10-30-2003, 09:51 PM
I'm with lambros on this one!

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