Under Item 13 it states, in short, that while Withoutabox (WAB) 'does not acquire any right or ownership' of your work when you use their service YOU AGREE TO GRANT Withoutabox IRREVOCABLE, non-exclusive, ROYALTY-FREE, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from , distribute and display ANY MATERIAL YOU SUBMIT TO WITHOUTABOX INCLUDING CONTENT throughout the world IN ANY MEDIA. You further grant WAB and their sublicensees the right to use the name you submit in connection with the material.
Did you know that? In short, the moment you log onto WAB you give them permission FOREVER to sell your film anywhere in the world. They keep all money earned from your film (and anything else you upload or add to their site).
Nothing in this TOS conveys to you any rights or ownership in our or any other parties' copyrights, trademarks, patents or trade secrets ("Intellectual Property"). Similarly, we do not acquire any right or ownership in your Intellectual Property when you use our Services. However, you do grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any material you submit to us, including Content, throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such material. You represent and warrant that you own or otherwise control all of the rights to the materials you submit, including the Content; that these materials are accurate; and that use of these materials does not violate our site's policies and will not cause injury to any person or entity. You grant us the right to copy, retransmit, encrypt or otherwise manipulate your data for the purposes of storing the information on our system, transmitting it across the Internet, securing it, or submitting it to film festivals or other parties as requested by you. Without limiting the foregoing, the Services, the Content, the computer software used in connection with the Service ("Software"), the name, Without A Box," the names of our advertisers, and the information provided by advertisers are proprietary or contain proprietary information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us (or if applicable our advertisers if the content or name belongs to them), you agree not to copy, redistribute, sell, modify, create derivative works from, decompile, or exploit for any commercial purpose, the Services, the Content, the Software or any trademarks, except as specifically provided for in this TOS. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Service. You agree not to publish or post information on our website that is defamatory,libelous, [obscene] or might otherwise be considered unlawful.
Translations. Notwithstanding the foregoing, if you have received permission from us, we grant you the nonexclusive right to translate all or any portion of the Withoutabox.com website into non-English languages for the sole purpose of providing such translation or translations ("Translation") to us. You grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Translation throughout the world in any media. You represent and warrant that the Translation is your work and that the Translation is reasonably accurate.
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The below comments are from Facebook. I thought the comments would be better served here. So, I have added them. I hope this is valuable information for filmmakers! Sometimes it is hard for filmmakers to believe that their rights can so easily be taken away. Awareness was the point of this article. Filmmakers need to read everything and understand that their rights are at stake and must be adamantly protected. Your films are very valuable. Any entity that says otherwise while at the same time tries to get you to give them your film for free should be looked at with suspicion. Keep your rights or someone else will profit from your film!
- Meagan D. Clark Yikes!5 hours ago ·
Christine Scott Exactly, and the big problem is that most filmmakers are unaware of this innocently thinking that WAB is simply providing a service to them.4 hours ago ·
Greg Runnels It is a wonder to me why most Film Festivals in Europe do not charge a fee, while there are start ups on WAB that charge $$$.4 hours ago ·- Christine ScottMost film festivals in Europe are funded by the EU, their respective country, the region within which they live and/or their city. This allows European film festivals to be fully funded without the aid of submission fees. It also obligates them to tow the party line and accept the films that the funders approve of or risk not being funded again. This often creates a barrier for independent filmmakers who were not funded by a government entity as most would rather have films screened that they also supported initially... it makes them look better and proves their choices in funding were worthwhile.4 hours ago ·
Chris TaylorChristine, I read your blog post --I think you are off base on your interpretation. Your statement that submitting your film to film festivals via WAB allows them unfettered royalty free use of that film is not correct, as I read the TOS. What they are claiming is that material you submit to them--in my case that would have been a press kit, a director's statement, stills, a trailer, etc--they can distribute that as requested by interested film festivals. That seems to be exactly what I want from WAB.46 minutes ago ·- Chris Taylor Part 2--Now if you elect to enter into a VOD agreement with WAB, that is different...but I don't see any language that requires you to upload your movie to their site.44 minutes ago ·
- Christine Scott Chris - you are absolutely right in terms of what you gave them access to. If that is what you have submitted then that is exactly what they will have rights to. Not bad. I see no harm in allowing WAB or any other entity the freedom to promote and publicize your work. If a person submits a film the person is then giving WAB access to that 'irrevocable' and 'royalty-free".43 minutes ago ·
- Christine Scott Part 2 - VOD is a non-conversation. If you give WAB irrevocable, non-exclusive and royalty-free rights to any content you upload onto their site then you have just said they can do whatever they want with your film forever including, but not limited to, VOD.41 minutes ago ·
- Christine Scott Part 2 cont. There is no language which requires you to upload your film. It is a choice. Most filmmakers are not aware that uploading their film gives WAB lifetime, non-exclusive rights to their film. I believe they have a right to know. Film rights are not the only rights at stake, but certainly they are the most valuable rights.39 minutes ago ·
- Christine Scott WAB's statement specific to content, "you do grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any material you submit to us, including Content, throughout the world in any media."32 minutes ago ·
- Chris Taylor Christine, I do not think that WAB is trying to trick anybody here. What I responded to in your blog post was the notion and the tone of your post (really an accusation) that WAB is trying to take advantage of naive filmmakers. I think that anybody that has the talent to finish a film also has the smarts not to upload their film to any online site without knowing what's going to happen.27 minutes ago ·
- Chris Taylor Your quote: "It is fair to say that WAB is a wolf in sheep's clothing..." That seems needlessly inflammatory...23 minutes ago ·
- Christine ScottI believe you are very much mistaken there, Chris. I believe filmmakers are for the most part quite unaware that they are surrendering their rights FOREVER to WAB when they upload their films. The only place WAB says it (to my knowledge) is in fine print, in the 13th term of service agreement that everyone agrees by simply logging onto the site. Let's say a filmmaker uploads their film to WAB so festivals can consider it online (WAB's selling point is that it saves time and money with no mention of the surrendered rights of uploaded content), who would think such a simple upload would surrender one's rights? The problem is that people do not know what they are getting into, not that they are okay with giving up the rights to a film they worked so hard to create. I agree it is hard to believe and I know it is hard for filmmakers to come forward about this since they probably feel fairly vulnerable in this area. Any filmmaker that was unaware of their lose of rights when uploading onto WAB was probably, as you say, 'tricked'.18 minutes ago ·
- Chris TaylorOne other note that is germane to the specific language you are quoting--there are times that a filmmaker has exhausted all the "for pay" options of distribution--and just wants to get the film seen by any means possible--this is exactly the service that WAB is offering here, and I can see how this could fill a niche that is valuable. If you don't want it, then don't upload your film, and by the way, WAB is very clear about this on the opening page of the website.17 minutes ago ·
- Christine ScottChris, filmmakers are regularly told not to do the business end but to leave that to the business people. Far too many filmmakers have told me they aren't business people. Many don't even think of publicity or distribution. Do you have any idea how little filmmakers make (if anything) on distribution deals? The industry does not protect or work on the behalf of filmmakers. The post was written to work toward enlightening, informing and helping to create change. If filmmakers know beforehand that they will be surrendering their rights (albeit 'non-exclusively') to WAB by uploading their content then they can make an informed decision before moving forward. Then it is a choice... rather than a deceitful or clandestine maneuver.12 minutes ago ·
- Christine Scott No, actually, that is not at all the service WAB is offering here. WAB allows filmmakers to upload at the beginning of the process, not the end of it. This means that once your film is completely and ready to be entered to film festivals you can upload your entire film (short or long) onto WAB and they it can be shared online directly with any film festival you choose to pay to submit it to. This saves the filmmaker postage and the cost of dvds, etc. What these filmmakers generally don't know is that it also means they lose their exclusive rights FOREVER to WAB before the film is even out of the gate. Basically, it devalues the film forever. Let's say a site won't take their film because they can't have exclusive rights to it because WAB has chosen to put the film anywhere and everywhere (like Amazon or other AMZN subsidiaries). This potential hurts the financial income for that filmmaker not to mention DYI or traditional distribution deals for the filmmaker.6 minutes ago ·
- Christine Scott As far as 'exhausted all the 'for pay' options for distribution'... it's simply too early for that. Don't throw your film away. Keep it. It is valuable. No one knows where the industry is going and no one has made indie films profitable for any online entity yet. Why then would any filmmaker give up their rights. Keep them. Ride it out. Own your rights when you can profit. Be patient and allow your patience to pay off. Keep strong, stay focus and loyal to your work. This is not what the industry tells filmmakers to do because it is not in the best interest for those building libraries if you keep your work. It is in their best interest if you give it to them while it is still worth nothing. Patience, due diligence and faith in one's work and value of one's work are essential in this game for now.
- Chris Taylor LOL! Since I have spent the last 5 years making, publicizing, and distributing my doc, I know something about these issues. I disagree with your view of the language--and your portrayal of WAB in general. I'm ready to move on.8 minutes ago ·
- Christine Scott Since you have spent the last 5 years making, publicizing and distributing your doc, please tell us how you have addressed the world of film rights and distribution. If you are the sole owner of your film have you given your rights to another or do you still control them? If you have signed a distribution deal who have you signed it with and what financial gains (real, not promised) have you seen from your 5 years of effort? It would be most interesting if you would share this information so we can all learn from your experience.a few seconds ago ·
- Christine ScottOhhhh.... you did Food Fight! I absolutely love this film. I'm so glad you made it and even happier if you were smart enough to hold onto your rights. That's not an easy task. I will remain in opposition of your stance while in such strong support of your work. We were so very pleased to screen your film. I hope it has been profitable for you. If so, you have simply made wiser and more astute choices then many. This is not the fault of others, more a willingness to be too trusting at times - as many of us tend to be with our food. You are dead wrong on this issue just as so many are when they blindly trust what our food industry and government say about food.about an hour ago ·
- Chris Taylor I've made money off my distribution, Cargo for international, and Brainstorm for domestic. Great people, also I retained direct DVD sales. Thanks for your remembrance and words of support...about an hour ago ·
- Christine ScottI'm so glad you retained DVD. I hope you have also retained VOD. Particularly for YOUR film. There is a huge niche audience for you online and when the time is right the market will be profitable for your film. My embrace of your film is nothing compared to the embrace it received at the festival. Your work inspires and educated people. Docs are one place where indie films can find niche audiences and make money. I hope you haven't felt like you have exhausted your resources. No one can make money online... yet. The only thing people are doing is gathering large libraries so they can later sell them for a profit. This benefits the middleman who takes the film from the creator. It is not a necessity, but it is the conversation spun over and over again to filmmakers. Most entities take the films after the film is made. WAB is taking it upfront. I am not wrong about the wording. It is so important that filmmakers understand what is at risk. Many, like yourself, have worked so hard to create such fabulous projects and then to have these works taken away because the filmmakers don't really believe that can be what the Terms of Service says just isn't right. Prove me wrong. Do you know how many films we watched online last year via WAB? So many filmmakers are doing this and completely unaware that they are losing their rights. It's not okay. It is an unacceptable devaluation of their most important currency - their film. You are an investigative film director. I'm glad you are questioning it. But do more than just decided that I'm wrong. Be sure I am. Do your homework. I understand how unfathomable it is to think filmmakers are unknowingly losing their rights... but what if they are? The terminology is clear. Ask WAB. See if you get a response and share that response with us.47 minutes ago ·
I am an organizer for a film festival, if we don't use WAB, what other options do we have to promote our 'call for entrie's besides email and social networks? We haven't started using WAB yet but I heard its a good way to get the word out.
ReplyDeleteJesus, just saw this thread. I produced a music video that I wasn't planning on making money on - the more it is seen, the better - but now I'm a bit freaked out about WAB :(
ReplyDeleteAny more insight you all can provide on this will be greatly appreciated.