Public FAQ: Poptent's Agreement Terms

This document answers several questions that we at Poptent have received about our Ad Maker Participation Agreement. Here, we address a few terms that are common to most of our Ad Maker Participation Agreements. However, because our Agreements may vary from assignment to assignment depending on the client's requirements, we encourage you to carefully review the actual Agreement before accepting a Poptent assignment.

1. Who owns the ads that creators submit to Poptent?

While brands need to pay you to be able to actually use your work, the video you produce is built with their proprietary assets and driven by their confidential creative strategy. It includes work based on their confidential information, a campaign strategy developed by them, and includes their proprietary assets, such as logos, slogans, images, marks, brand music, digital files, third party licensed partner assets, images etc. These are all owned by, or licensed through the brand, so any resulting work derived is filled with proprietary work and assets of the brand. This "ownership" does not preclude you from leveraging your work for the purpose of building your own portfolio through the video you produce for them. That's a major benefit you receive when you participate in a brand's assignments. See question 3 below.

2. The brand can't do anything with my ad unless they pay me for it in full, so why does Poptent require that brands own the ads?

When you agree to accept an assignment, the client commissions you to create an ad in response to the confidential creative brief they have developed. In addition, the client allows us to grant you a limited license to use several of the client's assets – such as digital files, trademarks and logos — in your ad. The scope of this license is specified in the creative brief and/or the Ad Maker Participation Agreement. Because your ad includes the client's property, is based on the client's creative brief and is also commissioned in response to the creative brief, the client must "own" the associated work product from the perspective of the agreement. Ownership in this case, however, doesn't include usage rights, unless you are paid in full as outlined in the assignment.

3. After submitting an ad to Poptent, can I include the ad in a portfolio of my work?

Yes. When you submit an ad in response to an assignment, you may post the ad on your Poptent profile page and use the embed code to share that piece on your website using the Poptent player. You may also use selections from your submissions in your Demo Reel.

Because the ads you produced for an assignment on Poptent include the client's trademarks, copyrights and other intellectual property, you may not repost, distribute, display or otherwise use the ad outside of the Poptent website. Your limited license to use the client's material when producing the ad does not permit you to distribute or otherwise use the ad for any purpose other than for submission to Poptent.

4. May I re-use any video footage in another work, such as another ad submitted to Poptent?

It depends … If it's clear you're reusing something that you shot and used in response to a specific creative brief provided by a brand from a previous assignment that you accepted and submitted to, you're treading on very thin ice, and you're just asking for problems. Moreover, that's just not professional. If it's just a generic shoot as part of a response to the creative brief, you may be okay. Only you, (and not Poptent) know the answer to this question.

5. Will a brand use the video I submit in an ad campaign without paying me?

No. No client may reproduce, display, or otherwise use your submissions in any commercial manner - such as an advertising campaign — without paying you the full usage fee as specified in the Ad Maker Participation Agreement. We have never made an exception to this fundamental business principle.

6. Can I "un-accept" an assignment?

No, although you are never required to "complete" an assignment, either. When you accept an assignment, you receive access to our client's proprietary digital assets, along with confidential information such as marketing strategies, ad campaign parameters and details about upcoming product releases. Because of this, the Ad Maker Participation Agreement contains requirements – such as non-disclosure obligations –that cannot be "un-accepted." Once a creator accepts the terms of an Ad Maker Participation Agreement, the creator must abide by the terms of the agreement. However, creators are never obligated to submit an ad in response to an individual assignment.

7. What benefits do I receive by being a member of the Poptent community and accepting an assignment?

When you accept an assignment, you receive several immediate benefits, such as:

• the opportunity to produce commercial quality videos with and for major brands;
• direct exposure to the world's biggest brands, and the opportunity to have those brands evaluate your creative work;
• access to the brands confidential creative briefs, digital assets, and related proprietary material, which yields a real world understanding of how brands tackle tough marketing problems;
• the ability to post your work product on your Poptent profile page, which allows you to showcase your work to others; and
• the opportunity to have your work considered for use in a major brand's advertising campaign, and to receive payment if your work is selected.
• The opportunity to build your resume and history and get more work wherever you live because you can show great videos you've done with and for the biggest brands in the world. This is an especially large advantage if your work is principally local to where you live, because, unless your competition also does Poptent work, they just won't have the impressive client portfolio that you have. And that's a huge edge when it comes to winning clients .and getting more work.

If you have additional questions, please email info@poptent.net.
started by Poptent 
on September 8, 2011 10:32:38 AM EDT
( edited by Mark Schoneveld on September 15, 2011 4:42:22 PM EDT )
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