To the attention of the founders of Filmaka

FIN590Dear Filmaka,

I am the founder of the Film Industry Network and we recently promoted your competition awarding filmmakers a $10,000 production budget to shoot a 3 minute video for discover card about what it would be like to win a million dollars. Out of the 6 productions produced from submitted pitches, the filmmaker would be awarded an additional $15,000.

Yesterday we were made aware of an issue that affects anyone entering this contest. It is our understanding that Filmaka retains 100% intellectual property rights of all materials submitted to this particular competition under clause 6 of its rules of entry, which has been copied below.

It is my duty to ensure that all competitions announced through the network are in the best interests of its 40,000 members who span 156 countries.

How is this fair to filmmakers? Surely a highly regarded brand such as Filmaka should be championing and protecting the rights of film talent whether they are writers, directors, producers actors or film crew.

We are keen to promote the best competitions from the around the world and have been doing so since the launch of the network in 2007. We remain committed to this cause. This letter will be published on the Film Industry Network blog this afternoon and will be freely available to members. We look forward to publishing your reply.

Yours Sincerely,

Iain Alexander

Founder/ CEO

http://www.filmindustrynetwork.biz

6. GRANT OF RIGHTS: By submitting a Bid and/or a Short Film to the Challenge, you
hereby grant to Discover Card and Filmaka in perpetuity, exclusive ownership of your Bid and
Short Film which may be exploited in any manner whatsoever, and assign your Bid, your Short
Film, and all ancillary and derivative rights thereto in all media now known or hereafter devised
in any and all languages (the Grant). No Bids or Short Films will be returned to Bidder or
Producer.

The Grant also includes the right to change, add to, take from, translate, reformat or reprocess the
Bid, Short Film, or any derivative works based thereon in any manner Discover Card may in its
sole discretion determine. To the fullest extent allowable under any applicable law, you hereby
irrevocably waive or assign to Discover Card your so-called moral rights or droit moral. If under
any applicable law the above waiver or assignment of moral rights or droit moral is not effective,
your Bid and/or Short Film may not be eligible.
Each Bidder hereby acknowledges that his or her Bid and/or Short Film, and all other materials
submitted in connection with the Challenge (the Work) shall be deemed to be a work made for
hire for Discover Card , and that Filmaka and Discover Card shall be the exclusive owner, IN
PERPETUITY, throughout the world, of all right, title and interest in and to said Work,
including without limitation, all copyrights in and to the Work, and all renewals and extensions
thereof, and that Discover Card shall have the right to exploit the Work in any manner and media
they shall elect throughout the world without restriction without any additional permission or
compensation. In the event that for any reason, the Work, or any part thereof is deemed not to be
a work made for hire, then Bidder hereby assigns upon receipt of production payment, all rights
in and to such Work to Discover Card and to execute such documents as may be necessary to
evidence such assignment.
By submitting a Bid to this Challenge, Bidders agree that Filmaka may obtain other Bids that are
similar or identical in theme, format or other respects to that submitted by Bidder. Bidders
expressly waive any and all claims that they may have against Filmaka or Discover Card based
on any claim that any Bid entered into the Challenge is similar or identical to their Bid. In the
event that more than one Bid or Short Film with similar or identical elements is brought to
Filmaka’s attention, the first such Bid or Short Film received will be accepted. Bidders further
agree that neither Filmaka nor Discover Card shall have any liability to Bidders for any direct,
indirect, contributory, vicarious, secondary or other infringement or protection of any copyright
in or to Bidder s Bid.

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