Releases

[RogerS]

Have you all read the legal releases?  I'm no lawyer, so don't know if I'm interpreting them correctly.  It appears that we cannot use any pictures or other recordings from the event on personal or hackerspace websites (read your contract with your web provider: you give them a non-exclusive license to distribute what you write / post and I THINK you have to own the rights to give a license).  It also appears that we cannot talk about the event during or afterward.  I'm a little concerned.  Can anyone allay my concerns?

[Greg Needel]

I read all the releases and did not get the same impression you did.  All three releases are very standard for public events and competitions.  All they are saying is that they are Going to film and record the event and that they own your likeness for this event.  For example if this becomes a tv show you don't get any royalties or own any part.  That doesn't say that any of your photos or videos from the event can't be used.  Quite the opposite,  anything you make is your copyright although you will probably have to grant redbull rights to use it if they like. 

Really no worries here.  Just sign the docs and your tongue goes in the jar over there.....

Greg

[RogerS]

I think it hinges on the definition of "personal use." I'm fine with medical release and appearance release. Just want to make sure I can use my stuff the way I want.
Thanks for your post ... I think :)

[Aidan Collins]

At this point I think we should just ask tomorrow night or thursday
morning. Hopefully they'll have people on hand who can give us and
answer. I'd like to tweet a few pictures along the way as well.

[A1Ari]

Care to post the language that you are concerned with?
-Ari

[RogerS]

This clause seems to say that we cannot discuss the event.  Note that most agreements have some restriction that says each party needs to tell the other what is to be considered proprietary or confidential.  This appears to say that everything about the event is confidential:

"I confirm that any statements made by me in the Footage will be true and they will not infringe upon the rights of any third party or entity. I

hereby agree to hold in confidence all information learned about the Footage, the Program and RBMH (and its products, operations and

personnel), and I will not discuss or otherwise disclose any such information, whether gratuitously or for profit, to any person outside the

staff or crew thereof, including any press or media."

This basically says you'll pay their attorney's fees if you breach the agreement or are ALLEGED to have breached the agreement.  So even if you didn't, it seems to say that you pay the bills.

"On behalf of myself and each of my successors, heirs, and assigns, I agree to defend (at LLV’s

request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims,

and any and all third parties’ Claims, arising from or in connection with: (a) any breach or alleged breach of this

Release; (b) my Competition in the Event, including, without limitation: (i) any Injuries to me; (ii) any Injuries to

third parties directly or indirectly arising from my Participation in the Event; and (iii) and any other loss or damage

that I may directly or indirectly cause to any real or personal property."

I think I misread this the first time around.  I thought it meant that any media that we record can only be used for personal purposes.  Whatever "personal" means is yet to be defined.  Reading it again, I think you could argue that it only applies to copies that Red Bull gives us ... which would be cool, don't get me wrong.

"If I receive any print, negative, tape or other copy of the Proceeds or the Event, I will retain it for my personal use only, and will not license or authorize its use by anyone else for commercial or private purposes."

Just seems like the lawyers went crazy in trying to tie up everything.  Note also that the clauses about the "Proceeds" belonging to Red Bull or LLV conflict with what previous e-mails indicated (i.e., that we could choose to keep our creations, or they would dispose of them for us).