QUESTION
Is this considered a skilled contest?
Asked on Sep 28th, 2013 on Entertainment Law - Nebraska
More details to this question:
I'll be launching a web series soon. Meanwhile, I'm looking for film crew members to hire. As part of the promotional process, applicants are required to send in a video of themselves and a few other samples so I can gauge their abilities and pick the best applicants for the job. I'll be featuring each qualified applicant's video on my website as I receive applications. Over time I'll narrow down finalists and then choose winners from the applicants who applied. I'm essentially hiring applicants as freelance film crew and publicizing the process along the way by posting videos (and selecting finalists, and ultimately winners, from the pool of applications I receive). Once I narrow down the finalists I'll also be meeting them and filming that process as part of my series. I may even have the finalists compete (by doing a small film) to see which team does the best job among the finalists. This would also be recorded as part of the series.
4 ANSWERS
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Make sure you have a proper release signed before you use any footage.
Answered on Oct 08th, 2013 at 2:59 AM
Susan Marie Basko
It sounds like you are asking whether if, for the purposes of some law, your plan would be considered a skilled contest. I don't know what law you are referring to. When you are producing a web series, you should have a lawyer on board from the beginning, and budget accordingly. Keep in mind that if you are offering a job to job applicants, there are very strict federal and state laws as to how this might be done. You may be better off structuring this as a pseudo-reality show, like the chef show, where everyone knows it is play acting, that the process will be rigged and unfair, but that they will be paid for their time participating, regardless of the outcome.
If, on the other hand, you hope to have people create serious work for free, that is just bogus. Budget your project correctly or come up with a different project that is within your financial reach.
Answered on Oct 01st, 2013 at 4:33 PM
This can be turned into a skilled contest ... but why would you want to? I've worked on several similar concepts in the past. One such idea turned the the process of finding a production company into a contest. That was purposeful because the entire process was was televised and broadcasted across multiple media. Contests are a form of advertising (promotions) are regulated across all fifty states. There are many requirements needed to assure compliance across the US. Unless you have an intention of running a contest (as a promotion), why not just handle this as a normal employment matter. With proper agreements with the applicants, you should be able to achieve similar results.
Answered on Oct 01st, 2013 at 10:08 AM
You'll want to work closely with an attorney to make sure that all legal issues are addressed, not just the contest part. Essentially, it sounds like you're going to take an amazingly long time to hire an inexperienced videographer who may or may not be available when you need to shoot. The competition part is interesting, however, if you can come up with some judges from the industry and a better final prize that shooting for just you.
Answered on Oct 01st, 2013 at 9:54 AM