February 3, 2010

Getting Some Kiwi In Ya

Michael Smythe                posted 30 Jan 2010, 04:36 PM / edited 30 Jan 2010, 06:06 PM

At the risk of biting the hand that may occasionally feed a tiny morsel to this website (through Google Ads) I have to challenge the ‘Get Some Kiwi In Ya’ promotion. Kiwi brand pork products owner, Goodman Fielder, is soliciting 5 second videos which they may use to promote the Kiwi brand on TV in return for – wait for it – a T shirt to promote the Kiwi brand on the creator’s torso!

Once again the urge to create is exploited for commercial gain without reasonable reward. Goodman Fielder need to get some of the Kiwi code of a fair go in them.

John Smythe      posted 30 Jan 2010, 06:16 PM / edited 3 Feb 2010, 11:41 AM

Beware Item 10 in the Terms and Conditions:

“All entries become the property of the Promoter. By entering, entrants automatically assign to the Promoter all title, rights and interests (including copyright and other intellectual property or moral rights) in their entries. By entering, entrants further agree to execute any documents requested by the Promoter to vest or confirm ownership and related rights pertaining to their entries in the Promoter.”  

So if your entry wins and becomes an ad on national TV (whoopee!) you get nothing but the t-shirt. And it’s not as if they are ignorant of copyright laws – quite the opposite. They also say:

“Given this is a public domain where we are inviting you to generate videos that that may play on national TV, no copyright music or images can be used. No videos will be posted on our website that use existing music tracks, contentious use of personal image, brand images or logos, or locations without permission, or otherwise infringe the intellectual property rights of any individual or organisation. Qualification of “Copyright” is at the discretion of the promoter.”


PS: I get sweet F-A from Google Ads. The only pay when visitors clock on them but if I was to advertise that fact they’d cut me off all together. Seriously – I get about $30 every 3 months.

sam trubridge    posted 31 Jan 2010, 09:42 PM

This happens often. Seven years ago a certain Hollywood celebrity set up a script-development fund for young film-writers, that went hand in hand with his directorship of a famous London theatre. It looked wonderfully beneficient, was a great opportunity for young writers, and it had an encouraging name like ‘Leg Up’ or something like that. Anyway, I heard about this, but became uncomfortable with some of clauses that went with the submission of scripts for the fund, particularly that copyright was handed over with submission. My lawyer flatmate read the terms and conditions, and advised me to steer well clear of it. Young, new writers seldom have the financial resource to consult with professionals on copyright issues, and so it is possible to be taken advantage of when the industry is so competitive. Some people would say that it is good to get the exposure and the opportunity regardless – but if the work is really close to your heart then I suggest you read the fine print and consult someone.

Jean Betts            posted 31 Jan 2010, 11:50 PM / edited 1 Feb 2010, 07:37 AM

“Young, new writers seldom have the financial resource to consult with professionals on copyright issues, and so it is possible to be taken advantage of …”

A reminder to playwrights that if a producer presents you with a contract that worries you in any way or that you don’t understand, especially if it claims some sort of ownership of your work and expects you to give up your copyright as described above, you are welcome to contact Playmarket for free, confidential advice. You don’t have to be a client.  Director@playmarket.org.nz ; (04) 382 8462.

Aaron Alexander              posted 2 Feb 2010, 11:48 PM

To be fair, it’s not as though their looking for professional contributions.

This is hardly the Big Nasty Corporation trying to shaft the poor creative professional. They want very short interesting, perhaps funny, but in the main genuine videos from Ordainary NZers, whoever they are. Some of the ones that play on TV already include an entire hall of Grey Power or RSA members saying the slogan in unison, and some kids on a backyard trampoline. In both cases, I expect the people involved would find being on television quite rewarding.

How much cold hard cash do people think it would be fair for GF to pay the creators of these videos? What’s your figure? How much for the two kids on the trampoline?

Boycotting a competition that quite frankly wasn’t seeking our participation in the first place is a meaningless gesture.

But I suppose if you want another reason not to eat pork…

Michael Smythe                posted 3 Feb 2010, 09:21 AM

I raised the topic on Theatreview because the google ad appeared on Theatreview – a site frequented by performing arts professionals.

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