As you may have heard, last week actor Charlie Sheen announced that he
is HIV positive, which got lots of news coverage. Related to that, In
Touch magazine produced the non disclosure agreement (NDA) that it
claims "Charlie Sheen had his sexual partners sign when they came to his
house". I guess if you're a celebrity known for sleeping around, this is
the kind of thing you have your lawyers cook up for you, but what struck
me as interesting was that, beyond the basic NDA language, there was
some copyright language concerning any images, videos or sound
recordings. You can understand why Sheen (and his lawyers) don't want
anyone taking pictures of him or even talking about the relationship to
book or magazine writers, so they include some bizarre copyright
transfer language for the partner to agree to:
1.3 No Participation in Books or Articles. Without Your
advance express written consent, I will not give or participate
in any interviews, write or be a source for, any articles,
books, programs, or stories about You or the Related Parties,
whether truthful, fictionalized, on the record, or "off the
record". If I breach these promises, My copyright in any such
unauthorized material shall be automatically and immediately
transferred by Me to You as of its creation and in perpetuity,
and this Agreement shall constitute a valid transfer of
copyright.
1.4 Images and Recordings. Without Your advance express written
consent, I will not create any photographs, movies, videos,
sound or image recordings or otherwise capture any depictions or
likenesses of You, Your family, friends, associates or employees
("Images and Recordings"). If I breach these promises any images
and Recordings I create shall be considered Confidential
Information, and My copyright in them shall be deemed
automatically and immediately transferred by Me to You as of
its creation and in perpetuity, and this Agreement shall
constitute a valid transfer of copyright. If you expressly direct
Me to create any Images and Recordings, they will be Confidential
Information in which I have no legal rights or interest
whatsoever, including any copyright, trademark, "moral rights",
patent, or other similar rights, and I convey, transfer and
assign to You all of My right, title, and interest (if any) of
whatever kind or nature in all Images and Recordings as of
their creation and in perpetuity, and this Agreement shall
constitute a valid transfer of copyrights.
Of course, the "in perpetuity" clause is not really accurate, as you
can't give up your termination rights, even with a contractual
agreement, to take back your copyrights after 35 years, but, really,
that's beside the point. I do wonder how valid Section 1.3 is at all. If
the partner is interviewed for a book or a magazine article, there
likely isn't any copyright for Sheen's partner to transfer in the first
place, as nothing is "fixed" by that partner. Furthermore, in most
cases, the book or magazine author/publisher would likely have a strong
fair use claim if Sheen tried to have those quotes deleted via
copyright. If anything, this just seems like a way to make it sound
scary to go out and talk to a magazine or book author.
The transfer of copyright in the photos and videos at least seems a bit
more legit, if still sketchy. Of course, this is just another example of
how copyright is being used directly for censorship purposes, entirely
divorced from its supposed purpose of providing incentives to create.
https://www.techdirt.com/articles/20151120/17361532875/if-you-want-to-hav
e-sex-with-charlie-sheen-you-have-to-give-him-copyrights-any-photos-you-t
ake-him.shtml