Before You Sign That Machinima Contract… [UPDATED]
NOTE:
I have, after direct contact with Machinima, replaced the screenshots that originally were posted to yfrog.com by MrWonAnother on Twitter with a redaction text. I understand the situation seemed to shift pretty rapidly, so here’s my statement. Walk with me, Hank.
As I said, the three images were posted on yfrog. They were screenshots of an apparently confidential conversation had between MrWonAnother and a partner support representative from Machinima, in which the representative explained that the partner was locked indefinitely into being a Machinima partner for the rest of eternity, as per signed contract. I found this relevant, informative and honestly shocking information and decided to repost the images to obviouslybenhughes.com in hopes that more people would become aware of the darker side of YouTube partnership networks. A buyer beware of sorts for my YouTube peers. Machinima issued me requests via email and tweets to remove those images, and I have against my better judgement.
Here’s the thing that I keep coming back to. I am one of the strongest supporters of this massive YouTube community, according to multiple people I respect and look up to. When I joined - and until tonight - I had this ever present naïveté about the way this new media world worked. I really believed that people were in the business of fostering creativity and entertainment that could not only launch careers, but unite and inspire people around the world. Hell, I still DO believe that. But I’ve now seen a small glimpse over to the other side of the online video world. The grass isn’t always greener it seems. Corporate intimidation and attempts to silence media aren’t a part of any YouTube I’ve ever known, and they’re not something I readily want to have a hand in. And don’t think I can’t understand the need for confidentiality. The first nondisclosure agreement (NDA) I ever signed was at YouTube’s San Bruno offices when I went to meet with them regarding [redacted]. Since then I’ve dealt with dozens more for merchandising, promotions, etc. Confidentiality will always have its place. What shouldn’t have a place is shady marketing of a “sweet partnership deal” to kids who aren’t even of age.
I’ve said my piece, made some sort of waves that quickly spread across Twitter and have issued a statement. I suppose that’s it for me. Below you’ll find the original blog post - which is likely shorter than the preceding statement. Thanks for reading.
-Ben
Here’s an interesting story. So Machinima, a major player in the recent YouTube Partner Network scene and one of the fastest growing outlets of crowd-sourced content ever to exist online, recently (within the last year) started approaching YouTube partners who they thought would be a good fit for their network. They asked a user by the name of mrwonanother ( Twitter & YouTube ) to join and he did, signing a legally binding contract. Apparently within that contract was something called a “perpetuity agreement” that binds him to be a Machinima partner with his YouTube channel not for just five years, or three, or even two… but forever. Quite literally, for the rest of time. Below are screenshots he posted on Twitter, each linking back to his originally uploaded screenshots on yfrog.
[Image redacted as per Machinima’s request]
[Image redacted as per Machinima’s request]
[Image redacted as per Machinima’s request]
This is some incredibly scary stuff for anyone who has a partnered channel on Machinima, or even for general YouTube partners who may be debating whether or not to join a network. Assume that you’re no longer interested in making the kind of content that originally got you scouted for Machinima, and want to leave. You can’t. Assume they drastically change their format, and you don’t fit into it and feel totally out of place. Wanna leave? Sorry, you signed a legally binding contract.
The lesson here is this: always, no matter what, get a lawyer to read over your contracts. Many of the partners in the Machinima network are younger and vulnerable. Did Machinima specifically target this kind of individual? Does a company like this get young, impressionable and admittedly naive people to join, all the while knowing that they probably don’t read the contracts thoroughly? I don’t know. I’ve read some of these contracts that were sent out (thanks to friends who will remain unnamed due to NDA’s that they signed) and they were many pages, all filled with tons of legal-speak (as should be expected) and frankly felt kind of intimidating to read through. I know I won’t be signing to any partner networks in the immediate future, but if you’re thinking about it… think twice, at least.
