I am not a lawyer but if memory severs from my grad school days Legal Issues in Art class, providing such broad release and permissions for use would not be advisable. This seems highly excessive to me. I could understand them requesting publishing rights IF you were selected for something of theirs, but I don’t see why they would need all of the other rights especially when it is just for a call they are facilitating not a program of their own making.
This language in particular I find reason for pause: "...by posting or creating User Content, you grant CODAworx an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, distribute and publicly display your User Content for any purpose, commercial, advertising, or otherwise..."
Copywrite is like a bundle of sticks, each stick is its own unique terms of use that can be allocated out one at a time or in groups. The above statement takes the whole bundle! It seems to favor the corporation over the artist and is heavy handed and one sided, and to my mind unfair and a good bit unreasonable.
Proceed with care and caution would be my professional recommendation.
Julie Barry
Senior Planner, Arts & Culture
City of Salem | Department of Planning & Community Development
98 Washington St., 2nd Floor | Salem, MA 01970
978-619-5685 ext. 42506 | jbarry@salem.com
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-----Original Message-----
From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Mary Lucking
Sent: Thursday, September 30, 2021 11:36 AM
To: public_art_network@americansforthearts.simplelists.com
Subject: CODAworx and intellectual property
Hi Everyone
There was a call posted here that was using CODAworx as the submission platform. Looking at the terms of use on CODAworx’s signup page, I found this language:
> 5. User Content. You may be able to submit, post, or create content on the Website, such as photos, comments, articles, essays, recommendations, endorsements, design boards, awards entries, or other materials ("User Content"). You will remain the owner of your own User Content. But by posting or creating User Content, you grant CODAworx an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, distribute and publicly display your User Content for any purpose, commercial, advertising, or otherwise. By posting photos on the Website, you consent to them being used in design boards and being shared by other Website users.
> For example, and without limiting the foregoing, we may use your User Content in your profile or listing on the Website. We may also use it in publications such as tradebooks, magazines, newspapers, videos, web and online presentations, and other media. You authorize us to use your User Content in any such publication, whether offered free or sold. With the exception of design boards creators, if we use your User Content, we will do our best to credit art and design professionals, photographers, and authors, provided that you have supplied us with such information.
>
I’m not happy about having to give over permission to publish images to a private company in order to apply for a call.
Any thoughts from all y’all out there?
Thanks,
Mary
__________________
Mary Lucking
www.marylucking.com
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