Friday, June 27, 2008

Name (your price for) That Tune

For those of you wishing to enter The CBC's Contest/Competition to find a new song for Hockey Night in Canada, you may want to take a closer look at the Rules and Regulations. Here's some lovely tidbits and how me, an everyday not-a-lawyer Canadian, perceives them to mean. (And just so I don't get sued, everything written in Italics is Copyright CBC 2008)

Here we go:

The winning Theme will be broadcast as a key part of the program during the 2008-9 hockey season, and potentially beyond.

Notice "Potentially". That means after next Hockey Season is over they can drop it, just like they did with Mrs. Claman's Theme. Who knows? Maybe the CBC has a master plan to hold a contest every year! So much for your 15 Minutes of Fame...... the hoisting of the Stanley Cup could be 14:59 for you and your song.

Fans will be able to recommend their favourite Entries to their friends as soon as those Entries are posted. Until Semi-Finalists are revealed on October 4, 2008, “ratings”, “recommendations”,
“most viewed”, and other similar information will be available on the website, but will only be a factor for the Producer and Judges to consider in selecting Semi-Finalists.


Meaning: The CBC has the final say no matter what voters think is the best.

Applications and Entries will become the property of CBC, and will not be returned to applicants. During the Competition, Entries may be used by CBC, and, with CBC permission, its affiliates, agents, licensees, and sponsors, on any media, without limitation, exclusively. Until 30 days after the Competition ends on October 11, 2008, Entries may not be licensed for use on any other radio or television program, or on the website of any other established Canadian radio or television organization.

Meaning: Just by entering, we own what you created, and you can't have it back until mid-November even if we don't want it.

For any video Entries, Entrants should refrain from wearing any clothing items bearing designer or sports logos (other than your authorized musical group logos) or bearing the name or likeness of a celebrity, living or dead.

You mean you can't wear a frickin' Leafs/Canucks/Flames/Oilers/Canadiens/Sens Hockey Jersey when you perform the song? What is THAT about???!!! And too bad for those of you who were going to wear a SAVE JPOD! Tee.

It is the obligation of Entrants to ensure that their Entries comply with these Rules. Entries may be reviewed to ensure that.... the Entries are original and do not contain any inappropriate content, including but not limited to content prohibited by law (e.g. invasion of privacy, defamation, copyright infringement) or content contrary to CBC standards (e.g. sexually explicit content, or content that could expose CBC to embarrassment, contempt, ridicule, adverse publicity or otherwise reflect unfavourably on CBC), and content of a commercial nature promoting products or services. CBC will decide what may be posted, and what may be removed from posting, in its sole discretion.

I guess that means anyone sending in Mrs. Claman's Song, which has been bantered around on Message Boards, will not make the cut. Natch.

Judging criteria: The winning Theme will capture the essence of our national sport, provide a signpost for great hockey programming, and excite fans from coast to coast to coast.

Isn't that what the former song did? Hmmph. And I thought we only had TWO Coasts - East and West. Am I wrong? Seriously - If I'm wrong, let me know. I'll be needing to make a call to my old Geography teacher Mr. Haag to apologize.

The Winner: Fan voting for the Winner will begin no later than 10 pm (ET) on October 9, 2008 and will end at 11:59 pm (ET) on October 10, 2008. Again, it is anticipated that fan voting will determine the outcome, but in the event that fan voting does not, in the sole discretion of CBC, produce a clear Winner, or is inconclusive due to technical difficulties, unreliability of the data, or apparent voting irregularities, CBC reserves the right to determine the Finalists in accordance with the Judging Criteria, in consultation with the Judges. The Winner will be announced in our first 2008-9 Saturday broadcast of Hockey Night in Canada on October 11, 2008.

Meaning: Again, the CBC has the Final say who wins.

CBC reserves the right, in its sole discretion, to have the Theme of any Semi-Finalist, Finalist, and the Winner, adapted, arranged and/or performed by artists other than those included in the original Entry. The Semi-Finalists, Finalists, and the Winner will be required to sign appropriate documentation confirming the right for CBC to make such adaptation, arrangement and/or performance by artists other than those included in the original Entry.

Meaning: You give the CBC permission to change what you created, and then if they are so inclined, they can get Nickelback to sing it, not you.

Entrant(s) of the winning Theme will receive $100,000.00 Cdn. (in total) for an assignment of copyright, and a waiver of moral rights, in the winning Theme’s composition, including its lyrics, and ownership of the Master Recording of the Entry. This amount will be inclusive of all scale and collective agreement fees, rates and entitlements. Any taxes (including income tax) associated with any award to Entrants are not included, and are the responsibility of the Entrant(s). CBC will grant a non-exclusive licence to the Songwriter(s) to perform the Theme themselves live in public venues, but not for broadcast or telecommunication, or to offer to the public in pre-recorded form (e.g. CD, DVD, mp3, mpeg, etc.). As well, CBC will direct that half of the royalties for public performance of the Theme, will be paid to the Songwriter(s) to be divided among them in accordance with the formula set out in the Competition Rules, and half will be donated by CBC to minor league hockey. The winning Theme will be broadcast as a key part of the program during the 2008-9 hockey season, and potentially beyond.

So, you sign over all rights to your creation to the CBC, you don't own a thing, and if the Tax Man wants a piece of your Winnin's, be prepared to pay up. You can perform it LIVE, but better make sure you don't upload it on YouTube, your iPod, or send it to your Auntie Martha's Cell in Saskatchewan. Oh yeah, any royalties from your performance? You gotta split it with the kiddies. (CBC suggesting: Look at how Canadian we are by giving money to Canadian Minor Hockey! If they were really generous, I have 4 boys right here who I have to write big Hockey Registration cheques for in September, hint, hint.) And then there's that subtle "Potentially beyond" again.

Semi Finalists - The Biggest Losers.

SEMI-FINALISTS
Prior to entering the final portion of the competition on October 4, 2008, the Semi-Finalists will be required to sign appropriate documentation, including various non-negotiable agreements, including irrevocable assignments of copyright in their Theme to CBC (to be effective if they win the competition, or in the event the winning Theme cannot be used by CBC, if they are otherwise selected as the winning Theme), exclusive licences to CBC to exploit their Theme for three years beyond the Closing date of the Competition (to be effective if they are not declared the Winner), and releases and waivers for their participation in programming associated with Canada’s Hockey Anthem Challenge programming. They will also be required to agree not to reveal to the public that they have been chosen as Semi-Finalists or Finalists, without the prior written consent of CBC, prior to CBC’s public announcement in that regard. In the event they are unwilling or unable to do so, they will be disqualified from further participation in the Competition. Entrants whose Entries are selected to be among the Semi-Finalists will grant CBC the exclusive right for three years to record and market their Theme to the public by all available means, including CDs, DVDs, and internet websites (iTunes etc.). A portion of net revenue from these sales will be given to minor league hockey. Semi-Finalists will share a portion of net revenue from these sales. The determination and division of net revenue among CBC, minor league hockey, Semi-Finalists and others will be determined by CBC, in its sole discretion. During the three year exclusive licence period, CBC may also incorporate the Entry as part of its programming. CBC will direct that half of the royalties for public performance of the Theme, will be paid to the Songwriter(s) to be divided among them in accordance with the formula set out in the Competition Rules, and half will be donated by CBC to minor league hockey. During this three year exclusive period, CBC will grant a non-exclusive licence to the Songwriter(s) of Semi-Finalist Entries to perform the Theme themselves live in public venues, but not for broadcast or telecommunication. No Semi-Finalist Theme may be sold, transferred, assigned or licensed for use on any other radio, television or internet-based hockey program within three years of the end of the Competition. The odds of winning are directly related to the number of Entrants, and the selection process to select the Semi-Finalists, the Finalists and the Winner of Canada’s Hockey Anthem Challenge.


Wow, there's so much here I don't even know where to start. I'll give it a shot, though.

First, if you are a Semi Finalist, you also sign over all your rights to your song to the CBC, and for 3 years too. Their lawyer-speak of the word "exploit" kinda freaks me out a little too to be honest. You better not tell anyone you made it that far either before the CBC does - they can disqualify you for it. Boy, your BFF is not going to be happy with you for keeping that a secret! Don't worry though, if you win the contest, and after you've paid the Tax Man, you can use some of your winnin's to buy them tickets to an NHL Hockey Game. Where you can see Nickelback perform your, oops, the CBC's song.

Anyhoo, back to the fact that if you are a Semi-Finalist, the CBC can use your song, even sell it on iTunes, and they determine what you get paid for it:

Semi-Finalists will grant CBC the exclusive right for three years to record and market their Theme to the public by all available means, including CDs, DVDs, and internet websites (iTunes etc.)

Meaning: They can make puck loads of cash from your creation, and they decide what to pay you. And you still weren't the person who won the contest, you don't even get the 15 Minutes. More like 2 minutes, or the equivalent of time it takes for that guy to come onto the ice and move the Goalie Nets out of the way for the Zamboni.

CBC reserves the right to change the structure, process, timing, duration or any other aspect of the Competition at its discretion.

Meaning: It's their contest, they can change the rules if they want to, whenever they want to.

CBC reserves the right to amend the Competition Rules or terminate the Competition at any time without any liability to any Entrant.

What? They can stop the Contest altogether? I suspect this was thrown in there on the off chance Stompin' Tom signs with them for using "The Good Old Hockey Game".

All Entrants agree that CBC and its agents can use, exploit, reproduce and distribute in any media whatsoever, now known or hereafter created, worldwide in perpetuity, the Entrant’s name, likeness, image, voice, Entries, comments and appearances, in whole or in part, without any further consent or compensation. Until 30 days after the Competition ends on October 11, 2008, Entries may be used by CBC, and, with CBC permission, its affiliates, agents, licensees, and sponsors, on any media, without limitation, exclusively. During this period, Entries may not be licensed for use on any other radio or television program, or on the website of any other established Canadian radio or television organization. For all these purposes, all Entrants agree to waive any and all copyright interest, and any moral rights, of any nature or kind they may have in their comments, Entries, and participation, including but not limited to music composed and lyrics written by them, any audio, audio/visual or visual appearances and performances.

So ANYONE, simply by entering the contest, agrees that the CBC can use anything they submitted, including their name and image, throughout the world, and in perpetuity, (Doesn't that mean FOREVER?) and not have to tell or pay you. Creepy. Also, until 30 days after the contest ends, any entrant agrees to waive any copyright interest.... and none of it can show up on another station. (CTV, perhaps?)

CBC shall have the right to alter, adapt, separate, edit or make additions to or deletions from the Entry for use during the Competition in its programming related to Canada’s Hockey Anthem Challenge, in its sole discretion, without compensation to the Entrant(s).

Again, just by entering, they can use your stuff, change it even, and not pay you.

Entrants acknowledge that Canadian Broadcasting Corporation, its Directors, officers and employees, agents, its affiliated companies, its advertising and promotional agencies and/or representatives, the Judges, and any person or entity connected with the production, administration or judging of the Competition or the Program are not responsible for and are in no way liable for any injuries, loss or damages arising from the Competition. Entrants agree not to make any demand or pursue a lawsuit against any of them for defamation, invasion of privacy, negligence, intentional tort, or any similar cause of action arising in any way out of any use, exploitation, reproduction and distribution by CBC or its agents of the Entry, and the live or recorded participation of the Entrant in any Program. Entrants also agree to indemnify them and hold them harmless from all claims, demands, actions, suits or other proceedings, and all damages and costs (including reasonable legal fees) brought by third parties arising in any way out of any use, exploitation, reproduction and distribution by CBC or its agents of the Entry, and the live or recorded participation of the Entrant in any Program.

Meaning: You're not allowed to sue any of their asses. And if anyone tries to sue you, the CBC ain't backin' your Canadian ass up either.

Refusal to accept an award releases CBC, as well as its directors, officers and employees, of all responsibility and obligations toward its Winner, but all rights assigned or granted to CBC remain irrevocable.

Meaning: if you don't accept the Award, you get nothing from them, but they still own your submission, image, etc.

CBC, as well as its directors, officers and employees, shall assume no liability whatsoever for any situation in which their inability to act results from an event or situation unforseeable or beyond their control, including but not limited to force majeure, a strike, lockout or any other labour dispute at their location or the locations of the businesses whose services are used to hold this Competition.

Do I smell another lockout? And if there is something of that nature that takes place at the CBC, or in the NHL, (Businesses whose services are used to hold the contest), well, too bad for you.

In the event of any dispute concerning the operation of any element of the Competition or these Competition Rules, the decision of CBC will be final.

Again, the CBC has the final say. Anyone who chooses to question the Rules, say Monty from Manitoba doesn't like that the Ceeb added the Jazz Flute in his Composition when he clearly wrote it should be an electric guitar during the Chorus, is trumped. Too bad for Monty.

After reading all this, all I can say is, Mrs. Claman should feel lucky she doesn't have to deal with the Mothercorpse anymore.... man, this just comes off to me like if you simply enter their contest you've signed your Creative Soul over to the Ceeb for a 30 second jingle that a majority of people never wanted in the first place. Yeah, stuff the phantom loaded poll info CBC, ask Hockey Fans what they really think of the whole debacle.

So go ahead and send in your Submission (Ironic word, you think?) Just don't say you haven't been warned..... and for some reason just thinking about this has that Jack Nicholson line from the original 80's Batman movie running through my head:

"Have you ever danced with the Devil in the pale Moonlight?"


3 comments:

Anonymous said...

I see 3 coasts on a map of Canada... Pacific, Atlantic and Arctic... the last one is frozen a lot... so maybe that's why you missed it.

miro slodki said...

Geography Lesson:

The thirst coast refers to the Arctic Ocean
http://en.wikipedia.org/wiki/Arctic_Ocean

cheers

Anonymous said...

You lost credibility on the whole rant with that one for me I'm afraid. Pesky Arctic.