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If you ask your followers to come up with a name or slogan (a brainstorming contest), establish clear agreements in advance. A hashtag or comment does not count as valid acceptance or permission to use the copyright. Specify what you may do with the submission, for how long, and whether exclusively or not — and use contest terms and conditions. For an exclusive transfer of copyright, a signed deed is even required.
Companies are increasingly asking their followers to come up with a new name or slogan — for example, via a hashtag, with a prize for the winner. Involving customers is good, but legally, things often go wrong with such brainstorming competitions.
A hashtag is not acceptance
An agreement is formed by an offer that is accepted. In a brainstorming contest, the company makes an offer, but whether it is accepted is unclear: the use of a hashtag does not equate to acceptance or consent. You do not know for certain whether the participant knows its meaning or intends it that way. For a valid acceptance, it must be clear that someone intended to enter into an agreement — and this is rarely evident from a single hashtag. Therefore, participation in the contest or consent to a license is not established by it.
Make clear agreements
Even if you were allowed to use the invented name, questions remain: does the copyright transfer, or are you only allowed to use the name? For what purpose—only for that product or also in marketing? For how long? And may the creator also give the same name to a competitor? If these matters are not settled, a dispute will arise sooner or later.
A right of use arises quickly, but be specific and arrange clear permission — not a hashtag, but preferably a signature or at least an email (after all, comments can be deleted). For an exclusive transfer of copyright, a deed is even required: a signed written document. That is often forgotten.
Competition terms and conditions and copyright contract law
Always draw up a document stating what you may do with the name or slogan and what the winner receives in return — have such an agreement drafted by a lawyer. Additionally, use competition terms and conditions that participants accept in advance, for example, with the agreement that the winner cooperates with the transfer (otherwise you risk the winner not cooperating). Furthermore, keep in mind that since June 7, 2021, the Copyright Contracts Act applies.
Frequently Asked Questions
Am I allowed to just use a name придумано through a competition?
Not without clear permission. A hashtag or comment does not constitute valid acceptance or a license. Explicitly record the right of use, preferably signed or via email.
Do I need a deed?
For an exclusive transfer of copyright, yes: that requires a signed written document. For an ordinary right of use, clear permission suffices, but document it properly.
Are competition terms and conditions required?
Yes. Pre-accepted contest terms and conditions prevent disputes and can stipulate that the winner cooperates in the transfer of rights.
Legal assistance for creative contests
The legal experts at MKB Juristen draft competition terms and the necessary deed, ensuring you can safely use the name or slogan. View our expertise in copyright or schedule an intake meeting .
