Key Details
Closed
on Nov 15, 2012
Artist:
The Civil Wars
Song:
20 Years
Release forms required:

Key Details

Closed
on Nov 15, 2012
Artist:
The Civil Wars
Song:
20 Years
Release forms required:

The Brief

The Civil Wars want you to make the music video for 20 Years! The first song off their first full length album Barton Hollow, it's about a family secret. Be creative in your interpretation.

Deadline for entries is 15 November 2012, 23:59 GMT time.


Awards & Judging

The winner will receive $5,000 and have their video used as the music video for 20 Years.

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 The Civil Wars and Genero.


The Civil Wars

In some ways, music doesn’t get much more modest or minimalist than it is in the hands of The Civil Wars, a duo comprised of California-to-Nashville transplant Joy Williams and her Alabaman partner, John Paul White. They travel without a backup band, and on their first full-length album, Barton Hollow, the bare-bones live arrangements that fans hear on the road are fleshed out with just the barest of acoustic accoutrements. Each song is an intimate conversation, and no third wheels or dinner-party chatter are going to interrupt that gorgeous, haunting hush.

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Artist Bio

In some ways, music doesn’t get much more modest or minimalist than it is in the hands of The Civil Wars, a duo comprised of California-to-Nashville transplant Joy Williams and her Alabaman partner, John Paul White. They travel without a backup band, and on their first full-length album, Barton Hollow, the bare-bones live arrangements that fans hear on the road are fleshed out with just the barest of acoustic accoutrements. Each song is an intimate conversation, and no third wheels or dinner-party chatter are going to interrupt that gorgeous, haunting hush.

On the other hand, there’s been something distinctly loud about the duo’s introduction to the world, even prior to the album’s release. Their signature song “Poison & Wine” was heard on Grey’s Anatomy—in the foreground, in its entirety, over a key climactic montage, prompting hundreds of thousands of viewers to Google the mystery music. And they got a wholly unsolicited endorsement when America’s biggest pop star gave The Civil Wars a seal of approval. After first tweeting her love for the duo, fellow Nashvillian Taylor Swift included “Poison & Wine” as a selection in her official iTunes playlist, saying, “I think this is my favorite duet. It’s exquisite.”

Swift took the words right out of the folk-country-Americana world’s mouth. If it looks like The Civil Wars’ appeal might cast a net that extends well beyond the typical audience for acoustically based music, that may be due to the inherent sensibilities Williams and White bring to their collaboration, which are quite disparate, if not necessarily warring. Both were gigging and recording on their own prior to teaming up a year and a half ago, neither solo career quite suggesting what their conjoined sound would turn out to be. “I do naturally bend pop,” says Williams, who adds that she “grew up on Billie Holliday and The Beach Boys.” White, meanwhile, was raised on Kristofferson, Cash, and Townes Van Zandt by his retro-country-favoring dad. “Somehow we’re pulling from each other what we crave and what our strengths are,” he says.

If the music ultimately leans more toward White’s native South than Williams’ northern Cali roots, he says, “I think Joy’s got some hillbillies in her ancestry or something like that. There’s a song on our record called ‘My Father’s Father’ that we wrote on the day of the inauguration down in Muscle Shoals, not long after we got together. I started playing the guitar figure and she starting singing this amazing Appalachian kind of melody, and I’m like, ‘Don’t even pretend that you’re the pop girl and you come out with shit like that!’ I don’t know where this stuff is coming from, but she’s drawing it from somewhere, and it’s amazing.”

“Poison & Wine” isn’t just The Civil Wars’ breakout song. It’s also a thematic declaration of intent for this utterly complementary odd couple, encapsulating everything suggested in the duo’s name when it comes to exploring the conflicts that arise as part of couplehood. Speaking of which: They aren’t, that—a couple, that is. But they’re far from insulted if you mistake them for An Item in the storied tradition of the Swell Season, Richard and Linda Thompson, or other famous duos whose on-again, off-again relationships offstage complicated their stage relations.

“A lot of people think that we’re married, and I think that’s actually quite flattering, to be honest,” says White. “Because we don’t want people to think that we’re up here acting and feigning the emotions that we write and sing about and show on stage. But one of the things that really make this special in our eyes is that if she and I were in a relationship together, it'd be a totally different act. We would write totally different songs. I don’t think we would be able to go on stage every night and sing ‘I don’t love you.’ I don’t think a healthy relationship could withstand that every single night. There’s areas we can delve into that wouldn’t make sense for somebody that’s till-death-do-us-part. I think there’s also a tension there that wouldn’t be there if it was something that was just rote, something that was an everyday relationship. We try to use that to our advantage.”

“Poison & Wine” fits the paradigm of subject matter too true to be spoken, as opposed to sung. “That song probably does sum us up—The Civil Wars, the name of the band—as well as any song that we’ve written,” White says. It’s the one song on the album written with an outside collaborator, their friend Chris Lindsey. “We’re all married, and we were all talking about the good, the bad and the ugly, and just felt like: What would you say to someone if you were actually brutally honest—the things that you could never say because it would turn them away or let the cat out of the bag or reveal yourself to be weaker? What would you actually say if you had this invisible curtain around you and could just scream it in somebody’s face and they’d actually never hear it? We were all being very painfully honest, because we’re all very comfortable around each other and know that things like that never leave the room, except in a song. I’m pretty proud of that song, to be honest.”

When “Poison & Wine” was heard in its entirety on Grey’s Anatomy—versus in the background, for a few seconds, as Williams and White had expected—they knew that if the show’s audience liked what they heard, it would put their search skills to the test. The title only pops up in a verse, not the chorus, so it involved some ingenuity or intuition to track the tune down. Fortunately, viewers proved up to the test of finding, and choosing, their “Poison.” At last count, the song’s official YouTube video had been viewed 400,000 times.

White and Williams met in 2008 on what he describes as a “blind date, getting stuck in a room together, not knowing anything about each other.” This was a strictly professional blind date. As Williams recalls, “I got a call for what’s called a writing camp, where several writers were called together to work on trying to write several radio singles for a particular country band. Though I live in Nashville, I worked mostly in L.A. and came more out of the pop world, so I was like, why did they call me? John Paul definitely wasn’t bringing a Music Row sensibility in when he was coming into the write, either, but neither of us knew that about each other. In that room, it was almost 20 writers, basically drawing straws and getting to know each other a little bit. And when he started singing, I somehow knew where he was heading musically and could follow him, without ever having met him before. And that had never happened to me.”

“I’ve done lots of co-writes and collaborative situations, but I’d never felt that weird spark,” agrees White—“that weird familiarity like we’d been in a family band or something most of our lives. The beautiful part of it was that neither one of us would let on, so we both played it cool for a while, saying ‘That went well, we should write another,” and so on. I worked up enough nerve to—so to speak—ask her out. But there was a lot of scuffing my heel on the floor and ‘I don’t know what you’re doing for a while, but I’ve got this guitar, and you sing pretty good, but you probably don’t want to. You’re so much better than I am. Never mind. I’m just gonna go.’ Luckily she felt the same way.”

Months later, they did their first show as The Civil Wars at the French Quarter Café in Nashville—where their future producer, Charlie Peacock, was in attendance and definitely taking notice. Their second show was at a club called Eddie’s Attic in Decatur, Georgia, and it was attended by roughly 100,000 fans. At least, that’s how many people have downloaded Live at Eddie’s Attic, a free digital album, from their website.

The set included eight originals plus a cover of Leonard Cohen’s “Dance Me to the End of Love.” “We didn’t even rehearse that much for that show, and we were flying by the seat of our pants,” recalls White. “But the sound guy at Eddie’s is legendary for doing really great board takes, and we listened to the tape on the way home and were pretty amazed at the quality of the recording. So we thought, ‘What the hell, let’s see what other people think about it.’ The beauty of putting that thing out as early as we did is, we could always fall back on: ‘Well, it was our second show’,” he laughs.

“Looking back, John Paul and I can’t believe we put out our second show ever,” Williams says. “Hopefully you can hear the growth from then to now. But I’m really glad that we did. To get emails now like ‘A buddy of mine in South Africa just sent me Live at Eddie’s Attic,’ or somebody coming up to us and saying ‘Yeah, my friend in New Zealand was the one that told me about you guys’—in Alabama, where we were doing a relatively local show—that really took us by surprise, the way it started a conversation nationally and internationally.”

The Live at Eddie’s Attic release also had some other happy, unintended consequences. Williams feels that the loose chatter between songs helped establish that, as personalities, the two of them aren’t always (or even usually) as somber as their breakout song might suggest. More importantly, it established them as a fully functional duo that might be harmed more than helped by the addition of a slew of hired hands.

When it comes to keeping “the band” to an un-band-like two people, “there’s probably 10 different reasons for that,” explains White. “Some of it is logistics. It’s so much easier for two people to get into a car. But it just felt like releasing that record with just the two of us also put that stripped down, more organic, more raw kind of sound in people’s minds. And we felt like it was more emotional and told the story a lot better. It’s just she and I and a guitar and piano. If there’s something that is lacking, it’s gonna be painfully obvious. So the song’s guts have to be strong, at least for us, from front to back.”

No frills means no distractions from the quality of their blended voices. “It’s the strangest thing when I sing with her,” White says. “Even the things we do with vibrato, typically, they’re the same—we speed up and slow down at the same pace. She’ll ad-lib something live, and the next time around, I’ll sing the harmony to it. But if I sat and thought about it, I couldn’t do it.” For Williams, who’s sold hundreds of thousands of records recording on her own, sharing the vocals is “one of my favorite things about The Civil Wars, because when you’re a solo artist, you can’t harmonize while singing the lead. To me, all harmony is active listening.”

There’s something circuitously satisfying about the fact that “active listening” is taking place on-stage at The Civil Wars shows as well as among the audience, heightening the sensation that it’s a conversation being eavesdropped on, not just a performance. So much synchronization to go around… but also so much delicious tension, as the duo hardly shy away from the conflict that gives them their moniker. Harmonious discord, thy name is The Civil Wars.

White and Williams are never going to forge a complete meeting of the minds. “You’ll be a redneck once I’m through with you,” he tells her, teasingly. “Oh, just try!” she taunts him. Still a northern California girl after this many years in Nashville, she says, “I still can’t say ‘y’all.’ I still can’t say ‘fixin’ to.’ John Paul, you say ‘might could’ a lot, which freaks me out. But yeah, somewhere in there, if it’s only in the melodies, I’m happy to absorb all that.”

And to dish it back out in the form of universal narratives that are both elliptical and emotional. “After all the writing I’ve done for other artists or writing for TV/film or solo music,” says Williams, “the ability for John Paul and I to share stories of what’s happened in our lives, either current or past, and let those inform the way that we write intrinsically makes us care more about it. We’ve got songs that deal directly with loss that we’ve had in our own pasts. The opening song, ‘Twenty Years,’ is actually about a family secret, more on my side of the family. We love to write about these things and hint at it while not giving the whole thing away. If the stories that we’re singing about and the things that we’re speaking of are true, hopefully they’ll draw out the stories of the people who are listening, and that can create some invisible cycle of safety and exhilaration and freedom, and of being transported somewhere else for a little moment in time.”

Somewhere like… Barton Hollow? Where is the titular location, anyway? “I guess it’s something to do with the picturesque quality of the phrase,” admits White. “It’s a phrase that you’re not gonna Google and find, whatsoever. I found that out the other day. There is no Barton Hollow, that I can find.” But a few minutes later, he’s changed his tune, declaring: “Barton Hollow is actually a place that I grew up. It’s a little geographic place close to where I grew up and did a lot of illicit activities,” White continues, embellishing as he goes, while his partner dissolves into helpless laughter. “I have a soft spot for that place.” Maybe the transporting Williams talks about has worked its magic on her partner, too.

Filmmakers, Cast & Crew

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

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      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.

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Official Selection

Staff Pick
Client Selection
Innerview Productions
South Africa
2077 8 31
Description
Under the apartheid regime in South Africa many Native South Africans were dispossessed of their land and were forced to leave their families to earn a living and pay taxes by working as cheap labour in the mines across the country. They were banned by law from bringing wives and children with them to the mines as they were considered “superfluous appendages” Many of these families were torn apart for extended periods of time, many died of mining related diseases, while some returned to their families after years or even decades apart.

The video depicts a Xhosa newlywed couple whose lives are separated for economic and political reasons as the husband leaves to work in the mines to sustain his family financially.

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