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Post Options Post Options   Quote Strangler Quote  Post ReplyReply Direct Link To This Post Topic: Right to use name and likeness
    Posted: 15 Feb 14 at 1:12pm
From an event I am doing this summer- provisional NoR:
The media rights belong exclusively to xx Yacht Club and xx Class Association. By participating in this event a competitor automatically grants to the organising authority and any sponsors the right in perpetuity to make, use and show, from time to time at their discretion, any motion pictures and live, taped or filmed television and or any other reproductions of him or her during the period of the competition without compensation.

The participants also undertake not to allow any act of reproduction, public communication or any distribution of images of the races without the previous authorisation from xx Yacht Club.

First para fine.
Second para- is this a standard clause now? I have not come across it before. To me it seems to include images taken by competitors, so permission needed to put own pics on social media/press. Is that how others read it? If its just referring to repro of professional images I think it could be better worded.
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 15 Feb 14 at 2:09pm
I'm sure I've seen the likes of the second para in other contexts, maybe Olympics. It certainly seems like an attempt to control all images of the event and establish a monopoly on distribution. If I saw that wording on an event I was thinking about entering then I'd want to ask a few questions I think.
A Google search for the phrase seems to suggest that its not common and that there's a connection with Royal Torbay YC/ SB3/SB20 Class. I think its more than a little dubious that the NOR apparently seeks to take away from the competitors rights that the general public have taking photos from the beach or a passing motor boat.

Edited by JimC - 15 Feb 14 at 4:09pm
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 16 Feb 14 at 8:55am
I can't go as far as 'sinister', but I agree that the second provision is over the top.

It exceeds any reasonable protection against risk to the OA/host in using images, and sets out to establish exclusive rights in each competitor's likeness.

I actually doubt that this was really intended.  I think it was probably included as a result of somebody trying to be 'smart'.

If it's a class event, I'd be writing to my class association telling them you think this is unreasonable and asking them to remove it.

If we put up with this sort of thing, it will become the norm, to our considerable personal inconvenience.
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Post Options Post Options   Quote Guests Quote  Post ReplyReply Direct Link To This Post Posted: 16 Feb 14 at 9:19am
So if a competitor did post some gopro footage on this forum, could they be disqualified?
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 16 Feb 14 at 9:57am
Originally posted by Peaky

So if a competitor did post some gopro footage on this forum, could they be disqualified?

The participants also undertake not to allow any act of reproduction, public communication or any distribution of images of the races without the previous authorisation from xx Yacht Club.


Hmmm.

I don't see where it says 'competitors shall' do something or 'competitors shall not' do something.

And I'm far from clear what 'images of the races' means.

If the OA chose to write that provision of the NOR in the terms of a contract or agreement, maybe they would need to go somewhere other than a protest committee to resolve any dispute they may have about that agreement.

Consider:  if a competitor was aggrieved about publication of his or her name and likeness by the OA as contemplated by the first paragraph, they would hardly request redress (and would certainly not be given it, because there was no effect on the score of the boat).
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Post Options Post Options   Quote JimC Quote  Post ReplyReply Direct Link To This Post Posted: 16 Feb 14 at 5:29pm
Originally posted by Brass

I can't go as far as 'sinister', but I agree that the second provision is over the top.

Yeah, I did change what I originally wrote..

Originally posted by Peaky

So if a competitor did post some gopro footage on this forum, could they be disqualified?

I am not a lawyer, but I don't think so. The only possible rule would be RRS 69, and I don't think that would work for any normal footage. The sailing club could maybe sue you for breach of contract, pay out £200,000 in costs and get 5p damages. And probably get blacklisted two thirds of the classes in the world for hosting any future events. But of course you'd be down all the costs plus 3 years of legal hell as well.

Edited by JimC - 16 Feb 14 at 8:25pm
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Post Options Post Options   Quote Lukepiewalker Quote  Post ReplyReply Direct Link To This Post Posted: 16 Feb 14 at 5:57pm
Assuming you weren't breaking class rules with the camera.
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Post Options Post Options   Quote Brass Quote  Post ReplyReply Direct Link To This Post Posted: 17 Feb 14 at 12:15am
Originally posted by JimC

 
Originally posted by Peaky

So if a competitor did post some gopro footage on this forum, could they be disqualified?

I am not a lawyer, but I don't think so. The only possible rule would be RRS 69, and I don't think that would work for any normal footage. The sailing club could maybe sue you for breach of contract, pay out £200,000 in costs and get 5p damages. And probably get blacklisted two thirds of the classes in the world for hosting any future events. But of course you'd be down all the costs plus 3 years of legal hell as well.

I couldn't see it going to rule 69 unless the images were remarkably imaginative.

The rule the protest would allege breach of would be the NOR or rule 3.

I repeated a Google search and found similar provisions in a TP52 regatta and Copa Del Rey Regatta, and some european website terms and conditions.

I just think it's completely over the top, and anyone that sees it should push back as hard as they can.

And, by the way, I think just about as little of class rules that ban cameras.


Edited by Brass - 17 Feb 14 at 12:17am
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Post Options Post Options   Quote Lukepiewalker Quote  Post ReplyReply Direct Link To This Post Posted: 17 Feb 14 at 5:18am
In defence of class rules banning cameras it's usually a 'side effect' of rules banning electronic devices rather than cameras specifically... and gopro videos tend to make me nauseous...  LOL
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Post Options Post Options   Quote tgruitt Quote  Post ReplyReply Direct Link To This Post Posted: 17 Feb 14 at 10:46am
Originally posted by Strangler

From an event I am doing this summer- provisional NoR:
The media rights belong exclusively to xx Yacht Club and xx Class Association. By participating in this event a competitor automatically grants to the organising authority and any sponsors the right in perpetuity to make, use and show, from time to time at their discretion, any motion pictures and live, taped or filmed television and or any other reproductions of him or her during the period of the competition without compensation.

The participants also undertake not to allow any act of reproduction, public communication or any distribution of images of the races without the previous authorisation from xx Yacht Club.

First para fine.
Second para- is this a standard clause now? I have not come across it before. To me it seems to include images taken by competitors, so permission needed to put own pics on social media/press. Is that how others read it? If its just referring to repro of professional images I think it could be better worded.


First para is perfectly acceptable and the norm these days.

Second para is a bit strange, it would imply that you cannot distribute ANY images, be they yours or someone elses. Obviously you shouldn't be distributing professional images without the photographers permission but I don't see the need to ban images taken by competitors to by shared or seen by others. This did apply at the Olympics and I got told off for posting a pic I took on my phone on Facebook, even though I was on the water with an official media pass! Maybe the club are just trying to keep the media tight and only want people to read and see what they want them to?
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