Creative Barcode® members must own the original works they apply barcodes to. A barcode member must have the written authority from any other parties with a vested interest in the concept before they create and barcode derivative works.
Co-creation partners must barcode their own contributions as to ensure they are distinctly identified as the owner of a specific and tangible piece of work. The file transfer system allows for upload and sending of multiple barcoded files. These can include files with more than one barcode that identifies the owners or co-owners of a piece of work.
Ideally, the barcode and data panel created by using the App should be clearly applied to the cover page (on your letterhead) with the statement:
I am a registered Creative Barcode® member and submit these files under the terms of the Trust Charter Agreement both [insert your name/your company name] and [insert recipient name and company name] have agreed to operate under.
(Note: Ideally, the barcode should be applied to each page of the proposal and accompanying visuals -inserted in the header or footer- and page numbers inserted.)
I can confirm that information is original and created by [insert individuals’ name/s or company name]. Any disputes arising concerning any alleged breach of Creative Barcode® Trust Charter Agreement © operating agreement can be resolved through mediation under the World Intellectual Property Organisation (WIPO) Mediation Rules as a more time and cost efficient means of resolving dispute than court litigation.
Ideally include your ‘Registered Creative Barcode® member’ logo.
Weakened or nullified protection
Members’ protection of proposals, concepts, written or visual materials will be weakened or nullified if:
- You send ‘unsolicited’ files, with or without a barcode, to any third party
- You retrospectively apply barcodes to works previously unprotected in the public domain
- You opt not to use the Creative Barcode® file transfer & tracking system to benefit from action and agreement recording
- You provide files to parties who have declined to receive them under the Creative Barcode® receipt of files Trust Charter agreement
- You do not own the proposals and concepts you have barcoded or do not have the written authority from the owner to barcode and distribute files to third parties
- You create derivative works from a concept previously sold without the authority to do so from the new owner
- Your proposal contains low or no original works but instead rely solely or predominantly upon open source and/ or copyright works of others
Transfers of ownership
A transfer of ownership certificate is available for your use. It is generated through the software Application. It provides a template fully populated with the Creators’ details and that of the party the ownership is being transferred to. It includes the barcode to which the transfer of ownership relates. It includes tables into which the transferor details the specific elements to be transferred and a table where the transferor details the specific elements that are excluded from the transfer.
Exclusions detail the names and contact of any party with an interest in the elements excluded. For example, a designer may transfer ownership of a packaging concept, but exclude a specific element, such as an illustration, if the illustrator retains copyright.
- When ownership has been transferred, the transferor may not utilise any of the transferred works in any format including re-mix or derivative works, without the permission of the new owner.
Creative Barcode® Software License
- Creative Barcode® members are granted a software license for their use of the software Application only during their term of membership and only for the purpose of generating and affixing barcodes to files and transferring them through the file transfer and tracking system and or/other means of sharing barcoded files.
- The software license does not grant any permission to use the Application in any other way nor to copy, re-mix, re-engineer not to create any derivative works or software nor to allow any other person to do so.
- All IP rights in the software and user interfaces rest with Creative Barcode® and all members, their employees, clients and partners are subject to Creative Barcode® terms to seek permission to utilise any Creative Barcode® materials for any other purpose than that of its intended use.
Where useful documents are provided for members (only accessible when logged in) members are granted a license to use the documentation to support further protection when higher level disclosure becomes necessary and or where permission based usage is being granted or deal negotiation is underway. The License permits addition of information necessarily required but does not permit derivative documents to be created with or without Creative Barcode® branding. Usage permission must be sought from Creative Barcode® (please email firstname.lastname@example.org) which will not be unreasonably withheld. Members may not provide licensed materials to any other party for their own use. Instead you might propose they join Creative Barcode® to benefit from its services and the members document usage license.
Members who amend or delete definitions or clauses contained in any of the documents provided under license do so at their own risk and automatically indemnify Creative Barcode® from any issues arising due to such action.
Other documents that are publicly available to download from the Creative Barcode® site fall outside of this document license agreement. The ownership and usage rights stipulated by other document owners must be independently observed.