Originally posted by trendkillah
...I just can not comprehend that when you agree to give your music away in order to enter a competition, and sign a contract on it, how it can be illegal for the owner of that music to actually use it...
It becomes illegal when there's something of a promise to it which is not fulfilled.The only time it would be completely legal would be if Fred makes an announcement that he wants people to give him their original material for free,just like that,then you go and volunteer.Then that would be OK.But you see here there was supposed to be some quid pro quo.It's that quid pro quo that the law is supposed to protect.
Isn't this basically what bands do when they sign a record contract? They sign a contract agreeing that the record company gets to own their music.
Bands get paid by labels.Fred didn't pay anyone.
In the example of the logodesign contest, it would be pretty stupid to not let anyone win, and still use one of the contestant's logo. Then why make a contest out of it at all?
Who would prove that they're the ones who dedsigned that logo?Who can say that,for instance,it wasn't someone in the company who offered to do it?Who can say it wasn't done by some outsider who was specially contracted by the company?Remember you'd have absolutely no basis to make a Judge compel the company to prove that indeed,they was the ones who made it.The onus is on you to prove you did it.
Limp Bizkit was not looking for musical material in their contest though, if they were, the contest would have been formulated like this "If your song gets chosen, you win blahblah and blah...". Giving away the copyrights of music you play during your audition is just a side effect(so to speak) of entering the competition.
Like slow diver said,it makes them look untalented(which maybe they are,who knows?I'm not a particular fan of theirs).I mean,ever heard of a con(coz con's use tricks,as opposed to gunpoint/violent robbers) who tells beforehand that they're going to con you?Of course not,coz then you won't be connable.Lack of information is the cornerstone of conmanship.
HOWEVER, if it is true what you're saying, then you have proved my point that Limp Bizkit probably didn't put the copyright thing in the contract in order to rip off music from their fans.
If they hadn't put that copyright thing in there,they wouldn't be able to use your music without your permission.and your permission would be more than just,"Hey,you guys wanna use my music?Cool!Anytime homiez!I'm a big fan of yours you know."It would be more.Maybe money.Maybe joining them.You'd at least get them to at least autograsph your guitar.The quid pro quo thing.
[Edited by kingdavid on 11-01-2002 at 01:29 AM]
