Medium and the License to Submission Problem

Why reading the fine-print is always a good idea!

Medium sent me an email at 8:19 am EST. The subject? “Enter the Medium Writers Challenge.” Instantly my antennae went up 1. Because I had just been in deep discussions about the Medium platform for the better part of this week and 2. Because “why send this email to me?” 

As to that latter question I asked myself. The reason I ask is that I don’t have the app on my devices, I make sure I don’t intentionally click on Medium links, and although I do have an account with Medium (that I created long before they made this monetary nightmare of a change) I have never actually used it. So, again, I had to wonder, why me? I assume they sent this to “all” of their account holders regardless of how often they may or may not actually be using it. But then I had to open the email and the phrase “Calling all storytellers.” is right there in my face. Now, I’m not saying that Medium is a non-fiction platform but I don’t think I’d be wrong in saying it is predominantly non-fiction in its content. But here they are actively seeking fiction writers for this amazing writing contest with their long list of judges (many of whom are quite notable in the fiction realm). 

So, again, my antennae are up and I’m asking myself, “what’s going on here?” And I’m also feeling like something isn’t right…

NOTE: I just want to say that if you ever feel the slightest inclination like something isn’t right, then most likely it isn’t! Always trust your instincts!

I decided to read the rules. And then I decided to click over to their long guidelines page. One of those pages that we all usually will do a click scroll through just so we can click the box saying “we read and understand these rules” already. We’ve all done it. Very few, if any of us, will actually stop and read it. All the legal jargon. Who has the time? We like to think the company we are agreeing to do business with isn’t out to get us. Right? Heh, read on...Read on…

There is much to dissect from their guidelines page but the part that has everyone (that is who is following this drama unfold with Medium) talking about it is Section 10: License to Submission

10. License to Submission: (A) By entering the Contest and providing your Submission in connection with the Contest, you hereby grant to Sponsor, for a period of 1 (one) year after the end of the Contest Period, an irrevocable, royalty-free, worldwide, nonexclusive, sublicensable, assignable, license to publish, reproduce, publicly display, publicly perform, distribute, adapt, edit, modify, translate, synchronize, create derivative works based upon, and otherwise use and exploit your Submission, or any portion thereof, in any manner or media now known or later developed on Medium.com, Medium mobile applications, and other online products and services provided by Sponsor and for advertising, marketing, and promotional purposes in connection with the Contest and to otherwise promote the Submission (the “License”). (B) The License includes the right to synchronize and incorporate the Submissions, in whole or in part, into other works. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor’s expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. (C) You will not be entitled to compensation for the License of your Submission or for any use by Sponsor, or its agents, sublicensees or assignees. Notwithstanding the foregoing, the License that you grant for your Submission does not alter other compensation terms you may have separately agreed upon with Sponsor, including the Partner Program.

I have not altered or rewritten any part of this language in any way, shape, or form. I have gone ahead and marked with A, B, and C the sentences that need further understanding and analysis in order to fully grasp what Medium thinks about their contributors.

A | By entering the Contest and providing your Submission in connection with the Contest, you hereby grant to Sponsor, for a period of 1 (one) year after the end of the Contest Period, an irrevocable, royalty-free, worldwide, nonexclusive, sublicensable, assignable, license to publish, reproduce, publicly display, publicly perform, distribute, adapt, edit, modify, translate, synchronize, create derivative works based upon, and otherwise use and exploit your Submission, or any portion thereof, in any manner or media now known or later developed on Medium.com, Medium mobile applications, and other online products and services provided by Sponsor and for advertising, marketing, and promotional purposes in connection with the Contest and to otherwise promote the Submission (the “License”).

That’s a lot to digest in one sentence so try and stick with me as I condense it down to what it means. Basically, just by you entering the contest, whatever story you submit belongs to Medium for a period of 1 year after the contest ends. And that submission cannot earn you any money during that time. Also, Medium has the right to publish it, change it, adapt it (like into a movie), translate it, create other works off of it. They can literally do whatever they want with it in that year and you cannot sue them or anything because by entering the contest you are giving them these permissions. Oh, and they can sell merchandise from your story too if they want. Again, whatever they do and earn you won’t receive any compensation whatsoever.

B | The License includes the right to synchronize and incorporate the Submissions, in whole or in part, into other works. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you.

Doubling down on just what Medium thinks of you and your work, they threw in that while they have the right to do whatever they want with your submission they aren’t obligated to do so. Basically, just cause they own it doesn’t mean you should come after them and demand that they adapt it, or create merch, or anything else. I’m sure this is their way of saying, “Listen, just cause we can do those things doesn’t mean we actually will.” That’s not the point. The point is that you are stripping a writer from their work on the off chance that you might see a golden opportunity there and you don’t want to have to pay them for it. But I don’t think Medium cares to get that fact.

C | You will not be entitled to compensation for the License of your Submission or for any use by Sponsor, or its agents, sublicensees or assignees. Notwithstanding the foregoing, the License that you grant for your Submission does not alter other compensation terms you may have separately agreed upon with Sponsor, including the Partner Program.

Now, here is the kicker cause again, they are trying to squirm their way through it but don’t be fooled. We get the whole “you are not entitled to compensation” since it was clearly covered in A and B but they went ahead and added that second sentence as if it absolves them of anything we might be thinking. The way I read it, and correct me if I’m wrong here, but they are saying that the “winners” of the $100, $10,000, and grand prize $50,000 is their way of (in screenwriting terms) optioning your story for that 1 year. So, in many ways, Medium is saying they’re doing you a favor should you get any money from your submission because there’s a chance they won’t use your submission to their advantage and therefore you came out ahead. In the screenwriting world this can be huge to option your script for $10k because, yeah, it’s possible that the producer will sit on your script for a year and not get funding so at the end of the day you got “something” for your trouble. But when a screenwriter enters into that option agreement (usually, but not always) there are stipulations to more payment should the script get made. The buck doesn’t stop there. And Medium isn’t paying everyone who enters the contest so they can’t expect us to assume that we shouldn’t be worried about what monies we may or may not lose out on during that year it sits in their vault with our fingers crossed that they don’t find some way in which to steal our work.

Even publications don’t do this. It’s not standard practice anywhere that I’m aware of. It’s robbery. It’s a year that I could be earning something from that story and for Medium to make the blanketed assumption to the contrary like they are doing me a favor is insulting to me and to my work.

Shame on Medium and their so-called “writing contest.” I don’t care how many zeros you put at the end of your contest prize or how many judge’s faces you call out on your website and email, it’s wrong and it pains me to know there will likely be hundreds if not thousands who will be fooled and disillusioned should the worst come to pass.