SA Podcasting Gets A Boost

apple mini coke podcast logoApple IMC, Mini, 5fm and Coca Cola have collaborated to give existing and budding South African podcasters a boost.

They’ve put up a cool site at www.getpodcasting.co.za, a clip from that site:

Got something to say? Think you’re the next big thing? Broadcast yourself or cast a vote for your favourite podcast and you could win a share of the more than R250 000 in prizes up for grabs, courtesy of Apple, 5FM, Coca-Cola and MINI.

R 250 000 will attract a lot of attention. This is good news. However, before diving head first into the competition take note of this:

Please view our TERMS AND CONDITIONS for important contest information, including the contest categories and technical specifications for your podcasts.

Those terms and conditions, as highlighted on Cherry’s post, read:

(C) Any Entry Materials which Sponsor, in its sole opinion, deems to be inappropriate for publication will not be considered and the individual submitting those materials will be disqualified. By entering, each individual warrants and represents that all of the Entry Materials (i) is/will be the sole and original creation of the individual (or group in the case of a band) and has not been copied in whole or in part from any other work; (ii) does not/will not violate or infringe any intellectual property right, such as but not limited to, copyright, trademark/trade name, or contract rights, or other proprietary right of any person (including but not limited to rights of privacy or publicity and are not defamatory, slanderous or libelous, or portray in a false light), or entity; (iii) is/will be the sole and exclusive property of the individual (or group in the case of a band); (iv) is not licensed or otherwise encumbered in any manner whatsoever; and (v) complies with (and does not violate) any law, rule or regulation. Entry Materials cannot name, describe, or depict any person or character, living or dead or fictional, except only the band members, and cannot contain any material subject to copyright of any third party or contain the trademark, trade name or logo of any third party (other than that which is displayed on an instrument and applied to that instrument by its manufacturer and then only as it had been applied by the manufacturer). By entering, the individual grants permission for the use of the Entry Materials, and/or name of the band (and the name of each individual member of the band), in connection with the advertising, promotion, and publicity of the Competition and otherwise as stated in these Official Rules (as solely determined by Sponsor).

Now what I know about the legal stuff is dangerous, but this is discouraging me from participating – Paul, could you help us understand what all this means?

Don’t want to be negative about it – this is a nice initiative from some very cool brands. However, remember the value of your own hard work and intellectual property.

  • Peter Hart-Davis

    Hi Mike, ja those rules are a concern Ive raised as well. Particularly this point:
    (b) each winner, by acceptance of prize, except where legally prohibited, grant permission, in perpetuity, for Sponsor and those acting pursuant to Sponsor’s authority to use his/her name, photograph, voice and/or likeness, and videos, recordings, prize information, and Entry Materials (and notwithstanding anything to the contrary in these Official Rules license the use of the Entry Materials which may be altered, changed, modified, edited, used alone, together or with other works, and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered world wide and on the Internet without notice or review or approval. All Entry Materials will be deemed a work made for hire under the copyright laws of South Africa, but if it cannot be so deemed, then each individual irrevocably sells, assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry Materials, including but not limited to all copyright and trademark rights, in South Africa and worldwide, therein, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged.

  • Peter Hart-Davis

    If I get that right, if you enter say Amplitude for e.g. and win, your brand becomes their bitch into perpetuity?

  • Good marketing’s biggest enemy is that line at the end of the ad where the voice-over artist softly and quickly adds: ‘…terms and conditions apply’

  • Peter you are right about your interpretation of that part of the rules. Mike, the rest of the stuff says you have to play nice, not talk about anyone but yourselves and make sure you use your own stuff (to be licensed in contravention of whatever licensing conditions you may have on your own content in the process) in the competition. I think I agree with you. I am not sure I am going to enter this competition after all.

  • I just posted some more detailed thoughts to chilibean if anyone wants to get a better idea about all the legal stuff.

    Good catch Mike and Peter!

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  • Sean

    The organisers, it would appear at face value, have dropped the soap…
    Digressing a little here: Isn’t IMC part of Core Group (or vice-versa)? And does Gore Group not parade itself as a distributor of Apple products to apple resellers? And does Core Group not then screw those same resellers by selling direct to the end user? The plot sickens…

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