Creative crowdsourcing from a legal perspective (webinar slides)


Published on

These are the slides presented by Eric Favreau (eYeka's Head of Legal) in a free webinar on Wednesday July 23rd at 6PM CEST. In this webinar, he presented some of the legal aspects of creative crowdsourcing, explaining how to integrate crowdsourcing in open innovation efforts and/or co-creative advertising strategies. You will find the recording of the webinar (video) at

Published in: Law
  • Be the first to comment

No Downloads
Total Views
On Slideshare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide
  • Organized on the eyeka platform. Selective Crowdsourcing. Participants submit content in order to get prizes. Needs timing & prizes & brief-client’s business objectives.
  • How to make sure the creators will submit the content we’re expecting?
    We set up contests (branded/unbranded, public/confidential, restricted/open etc.) to comply with clients’ business objectives defined in business brief and shared with creators in community brief. All documents are approved by client before contest is live
  • Confidentiality of the brand means confidentiality of the company
    Binding for participants when accepting the Rules : obligations for participants to keep entries as confidential ; name of the client
  • Contractual relationship. Legally binding. Define the terms of participation in the contest. Organizing company (except if conf). Terms of use of the entries. Warranties & responsability. Approved by each entrant before participation.
    Provided by Eyeka but agreed (revised if needed) by client
  • We believe in information, clarity, transparency so that creators get a better understanding of their obligations. It helps secure the transaction and get a more efficient legal framework for the contest.
  • Most of our contests are run globally with no restriction in terms of country, age.
    Some contests require specification due to the products or client’s internal policy.
  • Following the selection of some entries pursuant to the Rules (number of selected entries and prizes)
    Non selected creators retain their IP: can submit to other contests.

    Possibility to appoint additional winners
  • Contractual relationship between the company and each selected creator. Legally binding. Defines the terms of use of the selected entries.
  • The company is provided with all information and elements in order to enforce the warranty obligations granted by creators
    ID / parent authorizations / model release / license…
  • Client’s used a combination of elements covered by copyright from the initial work: screenplay, succession of sequences, the two characters, the physical appearance of these characters.
  • The winning entry from the design category was used as the cover page of the Schick Hong Kong Facebook Profile
  • Creative crowdsourcing from a legal perspective (webinar slides)

    1. 1. 1. What eYeka does 2. How it works 3. The content 4. “What if?” scenarios
    3. 3. What eYeka does
    4. 4. HOW IT WORKS
    5. 5. Contests are not sweepstakes The contests Selection is based on skills Chance plays no part in selection Selection of 3 entries min.
    6. 6. How do we set the criteria about the content? BUSINESS BRIEF COMMUNITY BRIEF
    7. 7. Confidentiality Confidentiality of the brand Full disclosureConfidentiality of the entries Several levels of confidentiality are possible
    8. 8. Approved by company before project is live Rules of participation Individual to each project Click-wrap contract Accepted by participants Defines: • Dates, prizes • Content guidelines • Terms of use of entries • Warranty: creators warrant that the company will quietly enjoy and exercise the rights attached to the entries
    9. 9. A 10-point summary of the Rules is displayed for a better information of the participants Information of the participants
    10. 10. Adaptability Age restrictions (e.g. alcohol) Country restrictions We can adjust to the specificity of some contests
    11. 11. THE CONTENT
    12. 12. Creative Content Videos Design Drawings Photos Collages
    13. 13. Transfer of Intellectual Property • Selected winners transfer their IP rights to the company, getting a compensation for assigning their IP rights • Non-selected creators retain their IP!
    14. 14. • Approved by company HOW IT WORKS Assignment Agreement • Individual to each project • Concluded between company and each selected creator • eYeka’s community managers get assignment agreements signed by creator • Company is provided with a signed copy
    15. 15. Secure the transaction Creators can be required to provide documents to secure the transaction as a condition of the prize grant: Model authorization Proof of id If creator has used copyrighted elements If creator is a minor
    16. 16. Use of the selected entries • Company gets exclusivity : the winning creator can’t sell the submission to a competitor • Selected submissions can be used as a whole and their elements (incl. logos, characters, slogans, titles…), for the creation of derivative works by the company or its agency (using elements from the original submission: screenplay, characters, dialogues, organization of the elements, layout, texts…) • For the maximum legal duration of protection of the IP rights (perpetuity) and for worldwide use • For all types of use, including: • Market research, Generation of insights • External communication, Advertisement, Point of sales • Create, market, distribute products reproducing the work • Right to file and gain new rights, File trademarks, File designs
    17. 17. Examples
    18. 18. Hyundai “Besides taking you from A to B, what role could a car play in your life? Tell us an original story where people have a brilliant, memorable experience with a car!” Expected ROMI: Communication ideas around the campaign theme of Brilliant Experiences 8 weeks 233 entries 37 countries Our brief to the eYeka community:
    19. 19. THE WINNING IDEA FROM THE EYEKA COMMUNITY Oceanomare Milan, Italy Hyundai
    20. 20. INTELLIGENT NAÏVETY: CREATING BREAKTHROUGH BY LOOKING AT A CAR INSIDE OUT RATHER THAN OUTSIDE IN “This ad was inspired by ideas that consumers shared for the Hyundai co-creation contest at eYeka”
    21. 21. “Tell us an unconventional and surprising story about how a resourceful mum creatively teaches her child(ren) an important lesson, through dirt and stains.” Unilever Dirt Is Good Inspiring a New Communication Campaign Our brief to the eYeka community: Expected ROMI: Ideas to better communicate to mums, in a more engaging fashion 5 weeks 88 entries 29 countries Our brief to the eYeka community:
    22. 22. Unilever Dirt Is Good Inspiring a new Communication Campaign Watch winning animation at Watch TVC at Results:
    23. 23. Our brief to the eYeka community: Schick Quattro Titanium grade campaign Show us an engaging, masculine, humorous or emotional moment when Titanium can give you an unexpected edge by transforming an object in your life into a stronger and more durable “Titanium” version.
    24. 24. Schick Quattro Titanium grade campaign THE WINNING WORKS FROM THE EYEKA COMMUNITY LucasOttoMuller Argentina Usyaev Russia Print Video
    25. 25. Results Schick Quattro Titanium grade campaign Captured in May, 2014 Ranked 1st on Popular YouTube Videos in Hong Kong!
    26. 26. WHAT IF…?
    27. 27. WHAT IF a company wants to get exclusive ownership on more than the 3 minimum entries? “What if” Case studies If no assignment, the creator retains his/her rights on the entry. The company must sign an assignment agreement to get exclusive ownership (additional selected winners will get a compensation equal to the third prize). Winning entry Non-winning entry
    28. 28. “What if” Case studies WHAT IF the company wants a submission to be thoroughly modified before public use ? The company must select the submission. Major modifications can be done by the company (or its agency) or by the creator (if she/he agrees and gets additional remuneration, if possible) THE WINNING IDEA FROM THE EYEKA COMMUNITY FINAL HAS BEEN MODIFIED BY COMPANY
    29. 29. “What if” Case studies WHAT IF the company wants to only use a copyrighted element in its advertisement (a character, etc.)? The company must select the submission. It’s in the scope of the assignment agreement, and only for an element created by participants. IP rights on elements used by – but not created by – participants (like music) are not transferred. THE WINNING IDEA FROM THE EYEKA COMMUNITY FINAL WORK USED BY COMPANY
    30. 30. THANK YOU
    31. 31. Eric Favreau Head of Legal +33 1 44 76 80 80 Paris – Sao Paulo – Mexico Singapore – Tokyo – Sydney @eYeka