Key Details
Closed
on Jan 14, 2013
Artist:
Muse
Song:
Animals
Release forms required:

Key Details

Closed
on Jan 14, 2013
Artist:
Muse
Song:
Animals
Release forms required:

The Brief

Muse, one of the the UK's finest bands, want you to make the music video for Animals, from their new album, The 2nd Law. They've left the brief wide open, so listen to the lyrics and be creative.

Deadline for entries is 14 January 2013, 23:59 GMT time.


Awards & Judging

The winner will receive £3,000 and have their video uploaded to the Muse website and YouTube channel. The winning filmmaker will also be invited to one of Muse's summer stadium shows, where their video will be aired (tickets only, no other costs including flights & hotel will be covered).

Outstanding videos will also be nominated for the 2012 Genero Awards and in the running for $25,000 in prizes.

The winner and finalists will be chosen by Muse and Genero.


Tour Dates

22nd May 2013 - Ricoh Stadium, Coventry, UK - tickets
25th May 2013 - Emirates Stadium, London, UK - SOLD OUT
26th May 2013 - Emirates Stadium, London, UK - tickets
1st June 2013 - Etihad Stadium, Manchester, UK - tickets
4th June 2013 - Amsterdam Arena, Amsterdam, NL - tickets
7th June 2013 - Estadi Olimpic, Barcelona, ES - tickets
10th June 2013 - Estadio Dragao, Porto, PT - tickets
15th June 2013 - Stade de Suisse, Bern, CH - SOLD OUT
18th June 2013 - Werchter Festival Park, Rotselaar, BE - tickets
21st June 2013 - Stade de France, Paris, FR - tickets
22nd June 2013 - Stade de France, Paris, FR - SOLD OUT
26th June 2013 - Stade Charles Ehrmann, Nice, FR - tickets
28th June 2013 - Stadio Olimpico, Turin, IT - SOLD OUT
29th June 2013 - Stadio Olimpico, Turin, IT - tickets
6th July 2013 - Stadio Olimpico, Rome, IT - tickets

Muse

Energy. The Beach Boys. Twelve-bar blues. The Eighties. Dizziness. Stockbrokers. Thermodynamics. The Olympianideal. Fred Goodwin. Excess. INXS. Beck’s dad. Bellamy’s son… Muse didn’t set out to make the most gloriously ambitious album of their career. How could they have? The band who dreamt up Supermassive Black Hole, Knights Of Cydonia and the three-part Exogenesis symphony were already well-versed in going One Louder. Any wilder, any further out there, and Muse would risk incineration by a dwarf star of their own making.

But you don’t become one of the biggest bands on this planet – in excess of 15 million albums sales worldwide, 5 MTV Europe Awards, 2 Brit Awards, 8 NME Awards, 5 Q Awards, 4 Kerrang Awards and winner of the Best Rock Album Grammy 2011; No 1 in 19 countries with 2009’s The Resistance; filler of arena and stadia across the world – by sitting on your hands.

So when Muse approached the making of their sixth studio album, they wouldn’t stint on the choirs, strings and horn sections. And be reassured: guitar-shredding, piano-thumping, orchestra-arranging, book-chewing, big-thinking Matt Bellamy, as the band’s chief songwriter, didn’t lower his sights from The Big Picture nor ignore The Precious Details. And nor were the trio afraid of giving space to a brilliant new element to their sound – songs written and sung by bass player Chris Wolstenholme. But what the Devon-born band of schoolfriends did do different was this: they made things easy for themselves. For the first time since the dawn of their career in smalltown England 18 years ago, all three members were living in the same place during the making of an album. Domiciled in and around London, they block-booked a recording studio – Air – and came and went as they pleased. This time, the only clock Muse had to beat was their own internal band rhythm. They had the days and weeks and space to experiment, explore ideas, rig up massive in-studio PA systems, hire in remixers, play with pedals, and (technical term alert!) fanny around to their hearts’ content.

And this time, Muse had the experience born of self-producing The Resistance to apply their studio knowledge to creating the album they really wanted to make. It was about saving aggro, and conserving energy. And, appropriately, it was about The 2nd Law: an album titled after and thematically influenced by the Second Law of Thermodynamics, which concerns the inevitable wasting of energy within a closed system. It was about letting themselves go and enjoying themselves. Muse, after all, had earned it. “We all had a lot of great fun doing it,”and hopefully you can hear that on the album. There are some real moments of positivity in the songs. And I just think everyone personally is in a pretty good place at the moment.” “It feels like the best thing we’ve ever done,” says drummer Dom Howard. “There was a sense of adventure making it.” “This was a breeze!” declares Bellamy, still high from the experience of seeing rock-operatic new track Survival emerge victorious as the official anthem for the London 2012 Olympics. “We were making ourselves laugh at times with how different things were sounding.

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Artist Bio

Muse

Energy. The Beach Boys. Twelve-bar blues. The Eighties. Dizziness. Stockbrokers. Thermodynamics. The Olympianideal. Fred Goodwin. Excess. INXS. Beck’s dad. Bellamy’s son… Muse didn’t set out to make the most gloriously ambitious album of their career. How could they have? The band who dreamt up Supermassive Black Hole, Knights Of Cydonia and the three-part Exogenesis symphony were already well-versed in going One Louder. Any wilder, any further out there, and Muse would risk incineration by a dwarf star of their own making.

But you don’t become one of the biggest bands on this planet – in excess of 15 million albums sales worldwide, 5 MTV Europe Awards, 2 Brit Awards, 8 NME Awards, 5 Q Awards, 4 Kerrang Awards and winner of the Best Rock Album Grammy 2011; No 1 in 19 countries with 2009’s The Resistance; filler of arena and stadia across the world – by sitting on your hands.

So when Muse approached the making of their sixth studio album, they wouldn’t stint on the choirs, strings and horn sections. And be reassured: guitar-shredding, piano-thumping, orchestra-arranging, book-chewing, big-thinking Matt Bellamy, as the band’s chief songwriter, didn’t lower his sights from The Big Picture nor ignore The Precious Details. And nor were the trio afraid of giving space to a brilliant new element to their sound – songs written and sung by bass player Chris Wolstenholme. But what the Devon-born band of schoolfriends did do different was this: they made things easy for themselves. For the first time since the dawn of their career in smalltown England 18 years ago, all three members were living in the same place during the making of an album. Domiciled in and around London, they block-booked a recording studio – Air – and came and went as they pleased. This time, the only clock Muse had to beat was their own internal band rhythm. They had the days and weeks and space to experiment, explore ideas, rig up massive in-studio PA systems, hire in remixers, play with pedals, and (technical term alert!) fanny around to their hearts’ content.

And this time, Muse had the experience born of self-producing The Resistance to apply their studio knowledge to creating the album they really wanted to make. It was about saving aggro, and conserving energy. And, appropriately, it was about The 2nd Law: an album titled after and thematically influenced by the Second Law of Thermodynamics, which concerns the inevitable wasting of energy within a closed system. It was about letting themselves go and enjoying themselves. Muse, after all, had earned it. “We all had a lot of great fun doing it,”and hopefully you can hear that on the album. There are some real moments of positivity in the songs. And I just think everyone personally is in a pretty good place at the moment.” “It feels like the best thing we’ve ever done,” says drummer Dom Howard. “There was a sense of adventure making it.” “This was a breeze!” declares Bellamy, still high from the experience of seeing rock-operatic new track Survival emerge victorious as the official anthem for the London 2012 Olympics. “We were making ourselves laugh at times with how different things were sounding.

As Howard accurately describes it, The 2nd Law brims with wild sounds. It’s exactly what Muse had in mind when they sat down last October after the completion of the two-year Resistance world tour. Within four quick weeks the trio had 13 tracks in embryonic but viable form. From solid beginnings came big tunes. Madness, the album’s naggingly infectious first single, pulses with a grimy throb. It sounds nothing like Muse, and it sounds everything like Muse. “I wanted to do something really minimal,” states Bellamy. “Essentially it’s 12-bar blues. I think it’s probably the best song I’ve ever written. And one of the most personal songs I’ve written. It’s kind of about that time when you’re with your girlfriend and that moment where you have a fight and she walks out the house and leaves you on your own to think about it. And you’re going, ‘no way! She was right! Of course she was right!’”

Wolstenholme knows all about personal songs. He’s contributed two songs to The 2nd Law, Save Me and Liquid State. The former is influenced by his all-time favourite band, The Beach Boys; the latter is a rocket-powered boogie. “We’ve written two or three albums that have been much more of a global concept. And I think it’s nice just to pull it back a bit and write from within yourself. Which is kinda hard sometimes, ’cause basically,” he laughs, “you’re displaying your emotions to the whole human race”, says Wolstenholme. Bellamy acknowledges that Big Freeze is also about relationships. But perhaps its defining characteristic is what Howard enthusiastically hails as the song’s big Eighties sound. "To me it sounds close to what we sound like live. Really full-on, in-your-face, heavy and bright." “That song is almost like INXS or something!” adds Wolstenholme, “with that big, gated snare drum. I know people can think that sound is a bit cheesy, but it was a new thing back then, and it was unusual. It went through a period of being dated, but we wanted to use it and make it a bit more current. So there’s a bit of a U2 influence too – just blending all these things together but making it sound like something that was recorded this year.” Album opener Supremacy was one of the first songs Muse worked on. Bellamy’s early sketch grabbed Wolstenholme “immediately, ’cause it was just so all over the place. It starts off and you think it’s this dirty, grungy metal… thing,” he grins. “Then by the time you get to the verse it’s gone into pure film music. I said to Matt at the time that it reminded me of Wings.” “We were layering up loads and loads of snare drums,” adds Howard. “There were tonnes of tympani and bass drums and weird percussion. The idea is it should sound like a marching band coming over the hill, just behind the orchestra. Then it goes off into some Live And Let Die-style freak out section in the middle!" “That felt like something different,” he continues. “We really wanted it to sound like a big, live, massive stadium rock track. We were thinking that way when we recorded it – we had a big PA set up, and the room was shaking to this massive drum sound. Then the verse goes on this completely different journey from the riff – it’s a little wink back to that Ennio Morricone influence which you hear on Knights Of Cydonia.

Soundtracks, affirms Bellamy, have long been an under-heralded influence on his writing. On The 2nd Law, this enthusiasm dovetails with his love of classical music. On previous Muse albums his orchestral excursions have been influenced by Rachmaninoff and Berlioz. This time the inspirations were contemporary composers and Hollywood legends such as Hans Zimmer and John Williams. “I love that big sound in crazy, action, sci-fi, epic films,” says Bellamy. The results of this passion were twofold. Firstly, Muse spent three weeks in Los Angeles working with the cream of the city’s movie musicians and choirs, their hiring and conducting overseen by David Campbell, aka the father of Beck. Secondly, Bellamy wrote a two-part suite to close the album, The 2nd Law: Unsustainable and The 2nd Law: Isolated System, which he envisaged as “almost a soundtrack-type thing”. Here, again, Campbell played a role, transcribing the orchestral arrangements written by Bellamy. This two-hander album closer also demonstrated another ear-popping detour for Muse. “I like to follow where the moshpit goes,” smiles seasoned showman Bellamy, “and it’s moved to this world where it’s about going to a gig and watching a guy with a laptop. So our challenge with The 2nd Law: Unsustainable was to create a song like that but then play it with real instruments – an organic version of this new electronic genre that’s going on everywhere.

There’s more digi-rock revolution on Follow Me. It sounds like Justice produced by Giorgio Moroder. In fact it started as a demo that the band are the first to describe as the workmanlike sound of a three-piece rock outfit. But in keeping with the rip-it-up-and-start-again, cavalier ambition of the new Muse, they decided to go off on one: a four-on-the-floor beat here, drum experimentation there… “Until we decided to go the whole hog and get it remixed,” recalls Wolstenholme of the band’s decision to outsource the completion of the song to producer Nero. “We were happy to remove ourselves from the equation completely,” nods Bellamy. Well, not quite: Follow Me is the only song on The 2nd Law directly influenced by the singer becoming a father last year. That beat at the beginning of the song? It’s a recording of the foetal heart of his at-the-time unborn son. As ever with Matt Bellamy, when it came to writing the lyrics, there were themes big and small he wanted to address. The sinuous funk of Animalss began with a jam and now, in its recorded version, ends with a sample of bellowing Wall Street stockbrokers. “That’s the song aimed at the Fred Goodwins of this world,” sniffs Bellamy of the disgraced British banker. “It’s looking at people who are instrumental in bringing down whole countries.

The lyrics and ideas behind Explorers, like those of the two-part title track, tap into the album’s more philosophical side – Bellamy’s thoughts on the depletion of the planet’s energies and resources. But he also applies this thermodynamic theory to the ebb and flow of passion in relationships, as heard in Big Freeze and Madness. But as Wolstenholme underlines, The 2nd Law is far from a sombre album. “There are some negative undertones, sure. But it’s all about human responses to them and the things we do to get through life. That’s a positive thing.

In any case, any album that includes both Survival, their po(m)p and circumstance Olympic anthem, and a song with the Queen-go-disco abandon of Panic Station can’t, ultimately, take itself too seriously. “We weren’t afraid of doing something that’s just a dancing track,” smiles Bellamy of the latter song, a groovy belter recorded with a horn section comprising classic Chicago players (one of whom played on Stevie Wonder’s Superstition). “There’s an eccentricity to the album which makes it fun,” their frontman offers. “I don’t think it’s taking itself too seriously even though some of the lyrics are. “I’d go so far as to say we had a bit of a laugh making this album,” concludes a bouncily chipper Matt Bellamy. “The spirits were up, more so than on any previous Muse album, that’s for sure.”

Filmmakers, Cast & Crew

The following creatives participated in this project.
We have not published videos for this project. Stay tuned!

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    12. Creator warrants that it is entitled to be the sole recipient of the Creator Payment or any other payment in respect of a Production, and neither us nor any Client shall have additional liability to Creator or any other person in respect of any Production following payment in full of the Creator Payment.

    13. GST Obligations for Australian Creators

    14. This clause 7.13 applies solely to Creators that are registered or required to be registered for the purposes of A New Tax System (Goods and Services Tax) Act 1999 (GST Law). In accordance with section 153-50 of the GST Law, Genero will, on the Creator's behalf make the supplies to Clients, the details of which are as follows:

      1. For the purposes of GST Law, Genero will be treated as making the supplies to Clients, and the Creator will be treated as making corresponding supplies to Genero.

      2. In the case of supplies to Clients, Genero will issue to Clients, in Genero's own name, all the tax invoices and adjustment notes that are required by the GST Law relating to those supplies and the Creator will not issue to Clients any such tax invoices and adjustment notes relating to those supplies.

      3. The Creator will issue Genero all the tax invoices and adjustment notes that are required by the GST Law in respect of the corresponding supplies.

      4. The arrangement ceases to have effect if the Creator or Genero, or both of them, cease to be registered for GST.

      5. Where GST applies to a Creator under this clause 7.13, the Creator must provide to us an invoice that accords with the GST Law prior to any payment made by us to the Creator.

      6. Where the Creators make a supply to Genero which attracts GST, the Creator is entitled to recover the GST from Genero.

  4. Cancelling Briefs

    If the Creator is in material breach of its obligations pursuant to the Contract and, if capable of remedy, such breach has not been remedied within 72 hours of written notice requiring such remedy, Client may cancel a Brief after commissioning a Creator at any time on provision of written notice to the Creator and us.

  5. Fees payable by Client in relation to Cancelling Briefs

    1. If Client cancels a Brief 72 hours or more before the Response Deadline, Client will not incur cancellation fees.

    2. If Client cancels a Brief 72 hours or less before the Response Deadline or after the Response Deadline, but before Selection, Client will be liable for 50% of the Genero Fee. We may, in our absolute discretion, agree to waive some or all of the Genero Fee if we deem the response was not satisfactory to Client's Brief.

    3. If Client cancels a Brief 7 days or more prior to the first scheduled production day for the Production, Client will be liable for 100% of the Genero Fee, and:

      1. Client must pay the greater of 100% of the Creator's actual expenses incurred prior to cancellation and 15% of the Creator Payment.

    4. If Client cancels a Brief 7 days or less prior to the first scheduled production day for the Production, Client will be liable for 100% of the Genero Fee, and:

      1. Client must pay the greater of 100% of the Creator's actual expenses incurred prior to cancellation and 30% of the Creator Payment.

    5. If Client cancels a Brief after the first scheduled production day for the Production, Client will be liable for 100% of the Genero Fee, and:

      1. Client must pay the greater of 100% of the Creator's actual expenses incurred prior to cancellation and 60% of the Creator Payment.

    6. Creator's actual expenses referred to in the above clauses, must be evidenced by receipts provided by the Creator.

    7. If the amount of the Creator Payment released to the Creator as at the date of cancellation is more than the amount referred to in any of the scenarios outlined at clauses 9.3 to 9.5 above, the Creator will refund to Client within 7 days of cancellation an amount equal to the Creator Payment released less the relevant amount referred to at clauses 9.3 to 9.5 above and, if the amount of the Creator Payment released to the Creator as at the date of cancellation is less than the amount referred to at clauses 9.3 to 9.5 above (as the case may be for each scenario), Client must pay to the Creator within 7 days of cancellation such amounts as is necessary to give effect to this paragraph 9.

  6. Client Assets

    1. If Client uploads Client Assets to the Platform, or otherwise provides Client Assets to us or any Creator, Client grants:

      1. us, a non-exclusive, revocable, royalty-free, worldwide licence to host and store the Client Assets and to make them available to Creators strictly for the purposes of the operation of the Platform and performance of the Contract; and

      2. each Creator the right to use, edit and modify the Client Assets as reasonably required (or directed by the Client) to produce and submit Responses and perform the Contract,

        (the Licence).

    2. Creator agrees to use the Client Assets in accordance with the Licence solely for the purposes of creating and submitting their relevant Response to a Brief and/or completing the Production.

    3. Upon final delivery of the Production, cancellation of any Brief or notification that Creator's Response has been unsuccessful, Creator agrees to make no further use of the Client Assets and delete all copies of such Client Assets in Creator's possession. If a Production is sold via the Video Store, the Creator further agrees to remove all such Client Assets from the Production.

    4. Notwithstanding anything in clause 10.3, where a Creator has been commissioned by a Client and for 3 years from the date of final delivery of the Production, the Creator must retain (in a secure location), a safe and secure copy of the final Production files and any key project files pertaining to the Production. Within 24 hours and if requested by Genero or a Client, the Creator must (without claiming any additional fees) provide a downloadable link to all master files, super-less master files and separate audio splits. If the transfer can only be carried out physically, the Client will reimburse the Creator's reasonable costs for the purchase and couriering of a portable hard drive.

    5. Other than in relation to the grant of the Licence, nothing in the Contract will be taken to constitute a transfer, assignment or grant of any ownership or other rights in any intellectual property rights in the Client Assets to us or Creator.

    6. Client warrants that:

      1. Client has all necessary rights, licences, permissions and consents to grant the Licence;

      2. the Client Assets and the Licence, and our and/or any Creator's exercise of the Licence, shall not infringe the rights, including (without limitation) the intellectual property rights, of any third party; and

      3. the Client Assets shall not include anything which is or may reasonably be regarded as offensive, blasphemous, obscene, defamatory or otherwise unlawful.

  7. Intellectual Property

    In respect of the relevant Production, in consideration of the payment of the Creator Payment in full, Creator:

    1. subject to the provisions of paragraphs 11.5, 11.6, 11.7 and 11.8 below and this clause 11 generally and subject to the Usage rights or limitations defined in the brief of third parties (such as talent and music rights holders), with full title guarantee and by way of an exclusive assignment of present and future copyright assigns to the Client all rights including without limitation the entire worldwide copyright and all other rights of whatever nature (whether vested or contingent) in and to the Production for exploitation at that Client's sole discretion in all media whether now or hereafter known throughout the universe for the full period of copyright therein and all renewals and extensions thereof and thereafter (in so far as is permissible by law) in perpetuity;

    2. irrevocably and unconditionally waives and/or provides all relevant consents to not enforce or shall procure the irrevocable and unconditional waiver of and/or consent to not enforce all so-called moral rights in the Production that Creator or any individual engaged by Creator may have now and in the future in any part of the world; and

    3. warrants and undertakes that:

      1. Creator has the sole right and authority to assign the rights to the Client expressed to be assigned above;

      2. the Production is wholly original to Creator and does not infringe the copyright or any other rights of any third party;

      3. subject to this clause 11, no consents or permissions are required from Creator or any third party in respect of the applicable Client's use of any of the Production;

      4. the Client may exercise any and all rights in respect of the Production without identifying any person or persons as the individual/s responsible for creating the Production; and

      5. the Client may modify, alter, adapt, distort or otherwise change the Production regardless of whether such modification, alteration, adaptation, distortion or change is prejudicial to an individual's reputation or honour.

    4. Upon request of the relevant Client, Creator agrees to execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to the assignment of rights above, including executing or procuring the execution of any moral rights consent that may be required by the Client. The Creator also agrees to execute such documents and perform such acts as may be required by a Client for the registration and protection of any Intellectual Property rights which subsist in the Production.

    5. If any applicable law does not permit the assignment referred to in clause 11.1 above, subject to clauses 11.6, 11.7 and 11.8 below and clause 12, the Creator hereby grants to Client the exclusive, irrevocable, perpetual right to exploit the Production in all media throughout the world.

    6. Notwithstanding the above, the Creator will not be responsible for, unless agreed in writing between Client and the Creator, public performance rights in respect of musical compositions in the Production.

    7. Client and Creator hereby grant us a non-exclusive, royalty-free, worldwide, perpetual licence to host and store all Productions submitted by Creator under the Contract and to make them available to the relevant Client and, in respect of Productions that are not acquired by a Client pursuant to a Brief, to make such Productions available via the Video Store in accordance with these Terms. We undertake to maintain accurate and up to date records of all materials retained by us by way of this licence.

    8. For the avoidance of doubt, if Client rejects a Production there will be no assignment or grant of rights by the Creator to Client in relation to that Production and, except as otherwise agreed by Client and the Creator, Client must not exploit the Production in any manner.

  8. Client Usage Rights and Additional Clearance Fees

    1. Subject to any requirements set out in the Brief, the Client's exploitation of a Production via Digital Media will be unlimited and not subject to any usage restraints and/or additional clearance fees.

    2. Client's exploitation of a Production via Broadcast Media or Print Media may be subject to usage restrictions and/or payment of additional clearance fees to third parties (including talent, voice-over artists and music rights holders) set out in the relevant Brief. Any term or territorial restrictions relating to such usage will commence on first broadcast or print of the Production.

    3. For clarity, with respect to this clause 12, any usage restrictions (which may require additional clearance fees) that may be applicable to third parties (including talent, voice-over artists and music rights holders) are enforceable solely by those third parties and not by Creators.

  9. Dealings between us, the Client and the Creator

    1. Each of Creator and Client:

      1. agree to act reasonably and in good faith in their respective dealings with us and each other and to respond promptly to all communications.

      2. acknowledge that we are not responsible for any element of the production or liable for the acts or non-performance by Client or Creator.

    2. Client and Creator agree not to attempt to circumvent the Platform or send or receive consideration for any Brief or related work other than via the Platform.

    3. Client agrees to indemnify us and the Creator against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any claim made against us arising out of or in connection with any breach of the Contract or other act or omission by Client.

    4. Creator agrees to indemnify us and the Client against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any claim made against us arising out of or in connection with any breach of the Contract or other act or omission by Creator and/or any claim that the Production or the Client's exploitation of the Production infringes the intellectual property or other rights of any person or entity.

    5. Neither Creator nor Client, while registered on the Platform and for a period of 3 months after ceasing to be registered, shall:

      1. in the case of the Client, knowingly seek or accept the services of any Creator independently from the Platform; or

      2. in the case of the Creator, knowingly seek or accept the custom of any Client independently from the Platform; or

      3. induce, or attempt to induce, any user of the Platform to: (i) cease or refrain from using the Platform; or (ii) reduce its use of the Platform, or do any other thing which is reasonably likely to have such an effect.

  10. Responsible Contracting

    1. Client and Creator must comply with all applicable anti-bribery laws and regulations.

    2. Client and Creator and any person or entity working on Client or Creator's behalf, in connection with the Contract, shall not make any payment or transfer anything of value, directly or indirectly to any of the following if such payment or transfer would violate the laws of the country in which the transaction is made:

      1. any governmental official or employee (including employees of government-owned and government-controlled corporations and public international organizations);

      2. any political party, official of a political party, or candidate for public office;

      3. any intermediary, including, but not limited to, agents or family members of government officials, for payment to any government official;

      4. any other person or entity in a corrupt or improper effort to obtain or retain business or any advantage, in connection with Client or Creator's affairs;

      5. any business entity selling a competing product in order to eliminate or restrict competition, including, but not limited to, agreements to divide the market; or

      6. any other person or entity.

    3. Client and Creator warrant and represents that, should it learn of or have reason to suspect any breach of the obligations in clauses 14.1 and 14.2 above, it will take appropriate remedial steps and promptly notify the other party and us.

    4. Without limiting any other provision of the Contract, Client and Creator's represent and warrant that:

      1. except as disclosed in writing, neither Client nor Creator has any conflict of interest with respect to its business dealings in accordance with the Contract;

      2. their performance of their respective obligations under the Contract will not breach any applicable law (including, without limitation, any laws relating to export controls, sanctions, data protection, anti-trust prohibitions and minimum employment standards);

      3. they will not engage in any activity that involves the exploitation of child labour or labour generally and will implement and comply with policies to protect the rights of workers in compliance with applicable laws (including, without limitation, ensuring that wages are paid to all applicable workers that meet or exceed legal minimum standards or applicable industry standards (whichever is higher) and workers are not required to work for more hours than applicable under the relevant legal standards and all overtime is voluntary);

      4. they recognise and respect any legal rights of workers to freedom of association and collective bargaining.

    5. Creator must disclose to Client any ownership of or beneficial interest in Creator by any:

      1. any governmental official or employee (including employees of government-owned and government-controlled corporations and public international organizations);

      2. any political party, official of a political party, or candidate for public office;

      3. any intermediary, including, but not limited to, agents or family members of government officials, for payment to any government official; or

      4. any employees of Client or family members of employees of Client.

  11. General

    1. Client will not at any time use or disclose to any person any confidential information relating to us or any Creator (including, without limitation, any Response) save to all of Client's professional advisors and Client's related entities, servants, agents and personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law.

    2. Creator will not at any time use or disclose to any person any confidential information relating to us or any Client save to Creator's personnel associated with the Brief and of all of Creator's professional advisors and Creator's related entities, servants, agents and personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law. Without limiting this clause 15.2, if the Creator briefs any third party with respect to a Brief, Response or the Contract, the Creator must enter into an agreement with the third party under which the third party commits to confidentiality obligations not less onerous than those set out in clause 15.1.

    3. The relationship between Client, Creator and us is and will be that of independent contractors and nothing in the Contract shall create a employment, trustee, partnership or agency relationship and no party will make any representation as such.

    4. Subject to clause 15.5 below, failure by the Client, the Creator or us to perform any of their respective obligations under the Contract (or a delay in such performance) due to a Force Majeure Event, will not constitute a breach of the Contract. The party affected by the Force Majeure Event will:

      1. promptly give the other parties notice of the Force Majeure Event and an estimate of the non-performance and delay;

      2. take all reasonable steps to overcome the effects of the Force Majeure Event; and

      3. resume performance as soon as practicable after the Force Majeure Event no longer affects any party,

        provided that if a Force Majeure Event continues for a period of 30 days or more, the Client may terminate a Brief or the Contract with immediate effect by providing notice to us and the Creator. Where a Force Majeure Event is an act of God (including a severe weather event) which prevents production or filming which cannot be rescheduled despite the parties best efforts, the Client and Creator mutually agree to negotiate in good faith for the settlement of any reasonable out of pocket expenses incurred by the Creator prior to the Force Majeure Event (including a severe weather event).

    5. Creator must ensure that its production schedule for a Production that involves outdoor filming includes a back-up plan for inclement weather. If the Creator fails to have such a plan or to implement such a plan, then clause 15.3 above will not apply to any resulting failure by Creator to meet its obligations under the Contract.

  1. Genero Intellectual Property

    You acknowledge that the Platform and all material published on the Platform including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, data and software (but excluding any content uploaded by users of the Platform) (together the Genero Content) are (as between you and us) owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Genero Content except as enabled and permitted by the Platform from time to time.

  2. Your Use of the Platform and Content Standards

    1. You are responsible for making all technical arrangements necessary to access the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and that they comply with them.

    2. Without limitation, you may not use the Platform:

      1. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      2. to send, or procure the sending of, any unsolicited or unauthorised electronic communication, advertising or promotional material or any other form of similar solicitation (spam); or

      3. to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform or any computer software or hardware.

    3. You also agree not to:

      1. reproduce, duplicate, copy or re-sell any part of the Platform (or any content within it) in contravention of these Terms; and

      2. access without authority, interfere with, damage or disrupt: (A) any part of the Platform; (B) any equipment or network on which the Platform is stored; (C) any software used in the provision of the Platform; or (D) any equipment or network or software owned or used by any third party.

    4. The Platform may include information and materials uploaded by other users, including (without limitation) to comment boards and discussion forums. This information and these materials have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values. You acknowledge that you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Platform at your own risk.

    5. Whenever you make use of Platform to allow you to upload content or make contact with other users of the Platform (each a Communication) you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to host, copy, store and make available such Communication and agree to comply with the Content Standards.

    6. You must comply with the spirit and the letter of the Content Standards. The Content Standards apply to each part of any Communication as well as to its whole.

    7. Communications must be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable law.

    8. Communications must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote or contain sexually explicit material; promote or contain violence; include gang signs or symbols; promote or contain discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, trade secret/know how, database right or trademark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, vilify, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

    9. You warrant that any such Communication complies with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranty. We will not be responsible, or liable to any third party, in respect of the content of any Communication.

    10. You acknowledge that your Communications (including but not limited to any Productions) may be subject to criticism and/or review by the public and as such may receive positive or negative comments and reactions, and we are not responsible for any such review or comment or any consequences relating to the same.

    11. You acknowledge that:

      1. you are responsible for your interactions with other users;

      2. we make no representations or warranties as to the conduct of other users; and

      3. we shall not be in any way liable for the conduct of any other users.

    12. You agree to take reasonable precautions in all interactions with other users. Notwithstanding any other provision of these Terms the parties acknowledge and agree that:

      1. any information published on the Platform (including, without limitation, Briefs) (the “Platform Information”) will be available to users of the Platform;

      2. the publication of Platform Information by Genero will not amount to a breach of any of Genero's obligations under these Terms; and

      3. if you disclose your confidential information to another party on or via the Platform/Genero and you wish to impose obligations of confidence on the other party in relation to such information, you should enter into a separate confidentiality agreement with the other party.

      4. If you wish to register a complaint concerning a user of the Platform, please contact us (or, in respect of copyright infringement, pursuant to the section below).

  3. Copyright Infringement - Takedown Procedures

    If you believe that any materials on the Platform infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must:

    1. identify the allegedly infringing materials;

    2. indicate where on the Platform the infringing materials are located;

    3. provide your name and contact information;

    4. state that you have a good faith belief that the materials are infringing;

    5. state that the information in your claim is accurate; and

    6. indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with equivalent requirements. Our contact for copyright issues relating to the Platform (including, but not limited to, the notices and counter-notices) is dmca@genero.com. Please note that in many jurisdictions it is an offence to issue a false or misleading request or notice to take down allegedly infringing materials. Penalties and/or civil remedies may apply.

  4. Availability of the Platform

    1. To the maximum extent permitted by law, the Platform is provided on an "as is" basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform or that the Platform will be secure, uninterrupted or free of defects.

    2. Your access to the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

  5. No Reliance on Information

    Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up-to-date.

  6. Links to Other Platforms or the Platform

    1. The Platform may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.

    2. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Platform in any website or application that is not owned by you (save where expressly authorised under these Terms). The Platform must not be framed on any other website or application, nor may you create a link to any part of the Platform other than the home page (save where expressly authorised under these Terms).

    3. The website in which you are linking must comply in all respects with the Content Standards.

    4. We reserve the right to withdraw linking permission without notice.

  7. Computer Viruses

    1. We will use reasonable endeavours to ensure that no part of the Platform will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers and other devices used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform and regularly check for the presence of viruses and other malicious code.

    2. We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content from it, or from any website linked to it.

  8. Limitation of Liability - PLEASE READ THIS SECTION CAREFULLY

    1. Nothing in these Terms excludes or limits our liability for liability that cannot be excluded or limited under applicable law.

    2. It is a condition of accessing the Platform that you accept and agree we shall not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access and use the Platform entirely at your own risk.

    3. Without limitation to the generality of the foregoing, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise:

      1. we will not be liable to you for any loss or damage arising under or in connection with:

        1. use of, or inability to use, the Platform;

        2. use of or reliance on any content displayed on or produced via the Platform; or

        3. the acts or omissions of any other user of the Platform;

      2. we will have no liability to you for any indirect or consequential losses of any kind or for any loss of revenue, profit, business opportunity, contracts, data or goodwill (whether direct or indirect) arising out of or in connection with these Terms and/or the Platform; and

      3. our total liability to you in respect of any and all loss and/or damage arising out of or in connection with these Terms and/or the Platform shall in no circumstances exceed the greater of: (1) the Genero Fee received by us which is directly related to your use of the Platform giving rise to your claim; and (2) AUD $500.

    4. Except as expressly set out in these Terms and to the maximum extent permitted by law, we make no representations, warranties or guarantees of any kind in respect of the Platform or any content available through the Platform and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.

    5. If you are a Consumer under the Australian Consumer Law, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Platform. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability as set out in this section to the maximum extent permitted by law. If you are a Consumer (as defined under the Australian Consumer Law) and any of the services supplied by us are not services of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a guarantee under the Australian Consumer Law in relation to those services is limited to, at our option: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. In other jurisdictions, warranties, guarantees and conditions may apply that we cannot legally exclude. If that is true in your jurisdiction, then to the extent permitted by law, we limit our liability for any claims under those warranties, guarantees or conditions to either supplying you the services again or paying the cost of having the services supplied again.

  9. Termination or Suspension

    We may, in our sole discretion, terminate or temporarily suspend your password, account (or any part thereof) or use of the Platform without notice if you are in breach of these Terms or if we believe in our reasonable discretion that your use of the Platform is unsuitable in any way.

  10. Assignment

    1. We may at any time assign, mortgage, charge, subcontract, sublicense or otherwise transfer any or all of our rights and obligations under these Terms.

    2. You may not assign, mortgage, charge, subcontract, sublicense or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.

  11. Miscellaneous

    1. If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.

    2. These Terms, and the documents referred to in them, constitute the entire agreement between you and us in relation to the subject matter of these Terms and supersede and extinguish any prior agreement in respect of the same.

    3. Subject to clause 26.4 below, you agree that these Terms are governed by the law of the State of Victoria, Australia and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Platform.

    4. Nothing in clause 26.3 above shall (or shall be construed so as to) limit our right to bring a suit, action or proceeding (Proceeding) against you in the courts of any country in which you have assets or in any other court of competent jurisdiction nor shall Proceedings we institute in any one or more jurisdictions preclude us from instituting Proceedings in any other jurisdiction (whether concurrently or not) if and to the extent permitted by applicable law.

Definitions. In these Terms, unless the context clearly indicates otherwise, the following terms have the following meanings:

Additional Terms means any additional requirements that a Client includes in a Brief, clearly expressed under the single heading of “Additional Terms” which are intended to bind a Creator to a series of supplementary and overarching obligations.

Brief means a creative brief setting out a Client's Production requirements posted on or via the Platform.

Broadcast Media means all broadcast media including television advertising, sponsorship indents, cinema, news programmes and new media (including any other broadcast media not now known or to be created in the future).

Budget means the total budget for a Production and includes the Genero Fee and the Creator Payment.

Client means a party registered through the Platform that wishes to commission a Creator to complete a Production using the Platform.

Client Assets means images, audio/audio-visual content, scripts, screenplay, advertising or campaign materials, publications, music, documents, software, information, literary material, any logo, trademark or indicia, and/or other materials provided by the Client, (including materials ordinarily subject to copyright, patent and is classified by the Client as a trade secret or form of know how and any information that the Client regards as confidential information) ,for inclusion in Responses and/or use in the fulfilment of Briefs.

Communication has the meaning given to it at clause 17.5 of these Terms.

Content Standards means the content standards set out at clauses 17.7 and 17.8 of these Terms.

Contract means the contract formed between a Client, a Creator and us in accordance with the terms and conditions set out in these Terms.

Creator means, but not limited to, filmmakers, photographers, directors, editors, designers, animators, production companies or producers registered through the Platform who wish to submit Responses and produce Productions.

Creator Payment means the amount specified in a Brief payable to a Creator (being the total Budget minus the Genero Fee).

Digital Media means all forms of digital files delivered on or via the global computer network known as the Internet or any other digital delivery system (including but not limited to mobile device telecommunications networks), whether streamed or downloaded, including without limitation websites, email, banner ads, online content and Client's own and third party Internet and/or social media websites and digital websites and communication channels, including streaming services and any other digital media not now known or to be created in the future, but excludes Broadcast Media and Print Media as defined in these Terms.

Force Majeure Event means any strike, lockout or other industrial action, act of God (including severe weather events), act of terrorism, war, act of government or political or civil disturbance which is beyond the reasonable control of the affected party.

Genero Content has the meaning given to it at clause 16 of these Terms.

Genero Fee means the amount payable by the Client to us as specified via the Platform and/or our invoice (being the total Budget minus the Creator Payment).

Licence has the meaning given to it in clause 10.1 of these Terms.

Overages means any additional costs and fees incurred by a Creator on top of the original Budget, for work performed with the Client's prior written approval. Overages that are an increase in the original scope of the production, (eg. additional deliverables, additional edits), will attract Genero fees at the same rate and service level as the original Brief and Budget. Overages which are not an increase in original scope of the production (eg. incidentals, usage extensions) will attract Genero fees at 10% for processing and payment.

Platform means our platform located at genero.com, including our mobile application and similar.

Print Media means all printed PR, press, magazines, newspapers, textbooks, out of home (OOH), digital out of home (DOOH), below the line (BTL), point of sale (POS), packaging, direct mail, trade shows and kiosks.

Privacy & Cookies Policy means our privacy and cookies policy located at genero.com/privacy.

Production means, but not limited to, the graphic, audio or audio-visual production to be produced in accordance with a Brief.

Production Contracts has the meaning given to it in clause 6.7.

Raw Files means rushes or raw, unedited video footage or images captured during a Production.

Response means a Creator's creative response submitted via the Platform to a Brief.

Response Deadline means the deadline for the receipt of Responses specified in the relevant Brief.

Taxes means any value-added tax, sales tax, goods and services tax, withholding tax, or other tax, levy, duty, impost, charge or fee imposed on any transaction entered into through or in connection with the Platform that by applicable law must be added to any amounts charged for any participation, use or purchase related to the foregoing and must be collected by you, us or the relevant Creator.

Terms means these terms of use, together with the documents referred to in them.

Union has the meaning given to it in clause 6.11 of these Terms.

Video Store means our library of Productions located at genero.com/store.

Last Updated: 10 July 2019. Genero Media Pty Ltd, all rights reserved.

Official Selection

Congrats to Inês Freitas and Miguel Mendes (onenessteam) from Portugal!
Staff Pick
Client Selection
onenessteam
Portugal
32980 5 175
Description
As Muse fans, their songs inspire us to make different stories, in an original and creative way. This is one of them, where the 'powerful' ones control the world and the poor ones suffer the consequences of their greed.

Filmmakers

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