Here goes, re-typing this message the 3rd time after the site automatically refreshes and loses it, or redirects me to login all over again (I've logged in 3x) just to try submitting this topic/question.
There are 2 clauses in both MaRS and HeroX legal agreements that are far reaching and unnecessary ensuring that inventors and organizations waive all their rights. Isn't this counter to allowing the inventor to own their IP??
See clause pasted below.
Why do MaRS and HeroX need inventor to waive their moral rights and give permission to reproduce, modify, license, distribute, etc. the invention and prototype in perpetuity? Can the clause be adjusted even if time limited e.g., up to 1-2 years? Neither MaRS or HeroX need these rights to market the winner and display information. This type of clause prevents a serious company or individual from entering. Or am I missing something?
"You hereby grant HeroX a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Platform to you and to our other Users, and related marketing and promotional activities."
The paragraph you quoted states that any content a user posts on the HeroX platform will need to be owned by the user (or in the case that they don't own the content they are posting, the owner has waived any rights to it) and that HeroX can use it for marketing purposes, or reference it elsewhere on the HeroX platform.
This mainly impacts the HeroX site as a whole. For the purposes of the Healthy Behaviour Data Challenge, you should reference the challenge-specific agreement for the IP structure.
@Timothy Luk Thanks for getting back to me. However, the clause I pasted refers to much more than the ownership of the content. It's about the activities and rights of HeroX and the Challenge sponsor - MaRS in this case. The 2 clauses - each found in HeroX legal agreement and in MaRS legal agreement - are essentially the same. So pasted below is the MaRS clause that I'm referring to and you will see the similarities to the HeroX agreement. I can't highlight the concerning sentence so it's indicated as **sentence**. I understand that there is a caveat that follows and identifies how MaRS and HeroX intend to use these rights conferred but there is still no reason for MaRS or HeroX to need such extensive rights identified in the **sentence** to be able to do what either party wishes to do i.e., display, market and publish the winner. There is absolutely no need for either party to require the inventor to waive their rights. This is what I'm seeking to be altered. This clause should and could be revised to indicate the rights to display, market and publish, without the preceding requirement of the inventor waiving all their rights.
Licence from all Entrants to MaRS
You will retain the intellectual property rights in your Submission and Prototype. **However, you hereby grant to MaRS the unrestricted, royalty-free, perpetual, irrevocable, worldwide, sublicensable, assignable, licence (but not the obligation) to reproduce, communicate, modify, display, transmit, publicly perform, make derivative works from, and otherwise use the Submission and Prototype (in whole or in part) without any fee or other form of compensation, and without further notification or permission**, for the following purposes:
administering the Challenge; identifying you by name as the creator of the Submission and Prototype; displaying the winning entries in the Challenge; and advertising in any media, including to advertise the Challenge, future Challenges, and MaRS’ products and services.
HeroX was a fantastic partner, providing not only a user-friendly online platform but also outstanding expertise and guidance in designing and executing our inaugural Echovation Challenge.
- Robin Wiegerink, CEO of the American Society of Echocardiography.