|01 January 2018|
I can't say that I have any experience in this department, but I can imagine some of the potential issues that need addressing. Off the top of my head....
... IP ownership. Does winning the contest transfer the copyright in full to the game developer? Is there shared ownership? ETC.
... Credit. Who gets it? How much or on what level?
... Retention. What rights to use that material outside of the game do the content creators retain? What restrictions?
... Reversion. Does the material revert back to the contestant after a period of time or after failure to publish?
... Compensation. Does the content creator get a straight payment, a royalty, or just "their name in lights" for having their material used?
... Other Entries. What happens to them? What rights, exclusive or otherwise, are exercised and/or retained/lost? That includes, but is not limited to use of that material for promotion.
... Third Parties. Are any rights transferred over, however indirectly, to third parties not directly involved in the promotion, actualization, or development of the contest or end product?
... Penalties? What happens if either party fails to meet certain expected requirements of this contract? What happens if they attempt to reneg or outright pull out before or after winning?
I'm no lawyer, but these would be my immediate legal concerns. Apart from that...
... Put as much as you can in writing, as clearly as you can, & with as few loopholes.
... Get explicit and definite consent both at the time of entry and, if possible, in a formal doc before inclusion in the actual game.
... You're never you best lawyer. Neither is the internet. Get some actual, firm legal advice. It'll cost you now, but might save you much more later.
DISCLAIMER: The views presented herein do not necessarily represent those of my brain.
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