Frequently Asked Questions About Using the Library and Build a Masterpiece

How do I find a composer for my film?

        There are several different ways that you may find a composer for your film: 1) You may buy a license to use music from our Library. 2) You may engage with a composer on Build A Masterpiece to develop a collaborative new work of art, or 3) You may enter into a contract with a composer that you find on our site in a “work made for hire” where you commission a composer to make a musical composition for you.

1)    If you buy a license for Content in our Library, you may use the Content per our Terms of Use and License Contracts terms as long as the finished compiled work is not substantially the licensed Content. In other words, the license content is used to enhance your work. The contributor of the licensed content retains any copyright on the material that he or she created and you retain any copyright on the material that you created. You may not receive a copyright for material that is not of your creation.  However, you may choose to enter into an agreement with the Content contributor to seek a copyright jointly for joint authorship. See section 2) below.

2)    If you choose to engage with a composer on Build A Masterpiece to develop a collaborative new work of art, you are entering into an agreement in accordance with the Build A Masterpiece’s terms of use.  The copyright in a work initially belongs to the author(s) who created that work. When two or more authors create a single work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole, the authors are considered joint authors and have an indivisible interest in the work as a whole. By contrast, if multiple authors contribute to a collective work, each author’s individual contribution is separate and distinct from the copyright ownership in the collective work as a whole. If you decide to enter into a collaborative or collective agreement with another contributor we encourage you to seek legal counsel with regard to Content that is to be jointly copyrighted.  You may choose to become a joint contributor and enter your newly developed Content into ePublish for licensing and sale. Each contributor is considered to have equal rights to any earned royalties unless a different agreement is accepted and approved by us in writing. Default royalty payments is as follows. If there are two contributors, then royalties are divided 50:50. If there are three contributors, each contributor receives an equal royalty share of 33.3% each and so on. Any other arrangement must be approved in writing by all parties; meaning each of the contributors and us. If it is anticipated that the contribution of one party will be substantially larger or smaller than others, it is very important to agree in advance how the ownership of royalties will be determined.

3)    You may enter into a “work for hire” agreement with a contributor where you commission digital content.  Any “work for hire” agreement is outside of the scope of services that Green Mountain Initiatives offers.  You are encouraged to seek legal counsel prior to entering into any such contract. Be aware that a contributor who enters their services into a “work for hire” agreement may not be eligible to receive a copyright from the U.S. Copyright Office.  “Works made for hire” are an important exception to the general rule for claiming copyright. When a work is made for hire, the author is not the individual who actually created the work. Instead, the party that hired the individual is considered the author and the copyright owner of the work. Whether a work is made for hire is determined by the facts that exist at the time the work is created. Please see page 3 of Circular 1 Copyright Basics found at https://www.copyright.gov/circs/circ01.pdf for example.

Who owns the copyright on my masterpiece I created from the GMI library?

        You own the copyright of any works of art that you receive a copyright for from the U.S. Copyright Office unless you choose to sell or transfer those rights.  We encourage all contributors to obtain copyrights on their creations prior to loading Content into ePublish. From ePublish, your work of art is then made available for licensing and sale on our Library pages.  You are giving us the non-exclusive right to use, market, license, and sell your Content to buyers per our Terms of Use. Having your material copyrighted conveys particular rights to you with regard to the control and use of your material from a legal standpoint.

        If you choose to enter into collaboration with any other contributors, any copyright that you have already received is not compromised. In fact, if your new compilation is substantially different from the original, you may be eligible to receive joint copyright protection as joint authors/artists. Having a joint copyright does not negate any individual copyrights you may have previously had.  Alternatively, or additionally, you may seek copyright protection for your individual contributions to the project. Please speak with an attorney if you have any questions or concerns regarding copyright.

        But be aware that if you enter into an agreement for “work for hire”, you may not be eligible for copyright protection of your work. Again, talk to your attorney if you have any question about your legal rights.

Where are the rights I receive if I buy a photo from the GMI?

        Please see our licensing agreement for a listing of the rights you receive if you buy a photo from our Library. These FAQs are not a substitute for the licensing agreement. In general, you may use Content to further your Project as long as the project is not mostly composed of the Content. You may not use the photo for resell on a third party website for example. However, you could use the photo on your website to sell merchandise. You may not transfer the rights to a third party and you may not use the Content in an illegal, unlawful, or morally questionable manner.

Do I lose my copyright if I upload my illustration to the GMI library?

        No, you do not lose your copyright if you upload your illustration to ePublish. You retain the rights to your Content. By uploading it, you are giving us the right to use, market, license, and sell your content in the manner that we see fit. In exchange, you receive royalties for each purchase by a third party.  You may pull your content if you so desire at any time. However see our Terms of Use that indicate that we have a specific amount of time to pull your content and that we may have certain obligations to third parties who have already purchased your content.

How do I get royalties on my creation in the GMI library?  

            You will receive royalties on your creations that you upload into ePublish that get accepted into our Library. You will receive 40% royalties on third party payments. So if you have content that sells for $10, you will receive a payment of $4.00. Payouts will occur in accordance with our Terms of Use. In general however, you will receive payment once your earnings reach $100, in a timely manner at the end of the calendar year, or possibly at a different time at our discretion (in addition to or in lieu of the annual payment).  In order to receive payment, you must keep your address, phone number, and email information up to date. If you choose to receive payment over Pay Pal, then information required by Pay Pal must be up to date. Be aware that payment through Pay Pal may incur fees assessed by Pay Pal.

            We are also trying to launch a program called WePair. If we use your creations in WePair (generally children’s books and illustrations) and they are accessed by WePair customers, you may be eligible for additional royalties that will be calculated in accordance with the number of WePair customers who pull your Content and the number of months that they access it.  Because of the subscription nature of WePair, it is likely that royalties from this source will be less than royalties received from third parties.