Online Video: Creating new programming - Copyrights and releases

Online Video - Creating new programming

Copyrights and releases

Once a decision is made to produce a program for eventual online download or streaming, an essential first step -- before recording or filming -- is to make sure that copyrights for images of art objects and other visuals are respected and that persons to be filmed or voice recorded approve of online presentation and sign appropriate release forms. See the model form license agreement created by P.S.I. for use with artists as a point of reference for museums drafting releases for online uses.

An online art-related site has the following language in its terms of service agreement, portions of which could be adapted for museum use:

...you ... grant (or represent and warrant to us that the owner of such rights has expressly granted) to us ... license to use, reproduce, modify, adapt, publish, sublicense, translate, create derivative works of and distribute such information worldwide and/or incorporate such information into any form, medium, or technology now known or later developed...

Contractual issues are further discussed in the Contractual section of TFAO's Internet Lectures Research.

A speaker release form should contemplate a variety of potential uses including, but not limited to

playback in auditoriums, kiosks, DVDs, VHS tapes, online streaming and download
decoupling of video and audio tracks for podcasting or illustrated audio uses
segmentation of whole speeches
broadcast television
video email
promotional applications
free and for-sale distribution

Also, before a lecture begins in auditorium the audience should be notified that the lecture will be taped including questions and answers from the audience.

Current.tv backed by Al Gore, introduces itself as fellows "Current is a global television network that gives you the opportunity to create and influence what airs on TV... Anyone who wants to contribute can upload a video. Then, everyone in the Current online community votes for what should be on TV. You can join in at either stage - watch & vote or make video." Current's page on releases contains forms for the types of releases they require which are:

music master use licenses and sync releases
appearance releases from everybody who worked on, or appears in the video
location releases for all scenes shot on private property.
artwork releases from copyright holders for all artwork shots. Hint: The copyright for an artwork rests with the artist who created the artwork, not with the owner of the physical piece of art.
Current Video Submission Clearance Report (Tape Log)

The Boston Athenaeum and WGBH/Boston Forum Network have produced release forms for speakers which can serve as models for museums' own forms. The Boston Athenaeum has kindly shared with TFAO their release form:

Boston Athenæum SPEAKER RELEASE FORM

Speaker Name_______________________Telephone Number______________

Address__________________________________________________________

Presentation Title/Subject Matter______________________________________

Presentation Date/Time_____________________________________________

Presentation Location_______________________________________________

I hereby grant to the BOSTON ATHENÆUM, ("BA") a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license, with the right to sublicense, to record the presentation described above along with any materials or images incorporated into or provided in relation to such presentation (the "Presentation) and to do the following with such Presentation:

Retain in BA and WGBH archives YES__________ NO__________

Broadcast on non-commercial Radio YES__________ NO__________

Webcast on WGBH Forum Network YES__________ NO__________

Webcast on National Forum Network YES__________ NO__________

Podcast (offered in downloadable format) YES__________ NO__________

1. Representations and Warranties. I represent and warrant as follows. I am the sole author and owner of all rights title and interests in and to the Presentation, or, to the extent I am not the owner, I have acquired from third parties the right to create and present the Presentation, to grant the license herein and to carry out the licensed activity. I know of no claim that the Presentation infringes or violates any rights in any other work or of any other person or entity. I have identified, and will provide BA with the appropriate approvals for the use of any third party works or images that are used in the Presentation.

2. Publicity. I hereby grant BA permission to use my name and likeness to exploit or promote the Presentation and the broadcast, transmission or distribution of the Presentation.

3. Use of BA Name & Marks. I acknowledge that I do not have permission to use the "Boston Athenæum", any other trademark or insignia owned by BA, images of BA, or names or images of BA representatives unless I have the authority to do so.

4. General Provisions. I acknowledge that this Release is governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. I agree that any litigation relating to this Release may only be prosecuted in a court located in Boston, Massachusetts. I waive, to the extent permitted by law, any objection that I may have to the action proceeding in such a court. I agree that to the extent I have granted rights to BA to broadcast, webcast, podcast, or distribute the Presentation the BA or WGBH may edit the Presentation to render it appropriate for such broadcast, webcast, podcast or distribution. This Release may not be amended in any manner except by a writing signed by the BA and me. I understand that I may not assign or delegate any of my responsibilities or rights under this Release without prior written consent of BA, and that this Release is binding on me, my estate, heirs and permitted assigns.

Signature_________________________________________

Date_____________________________________________

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rev. 1/30/07

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Links to sources of information outside of our web site are provided only as referrals for your further consideration. Please use due diligence in judging the quality of information contained in these and all other Web sites and in employing referenced consultants or vendors. Information from linked sources may be inaccurate or out of date. Traditional Fine Arts Organization, Inc neither recommends or endorses these referenced organizations. Although Traditional Fine Art Organization, Inc. includes links to other web sites, it takes no responsibility for the content or information contained on those other sites, nor exerts any editorial or other control over those other sites. For more information on evaluating web pages see Traditional Fine Arts Organization, Inc.'s General Resources section in Online Resources for Collectors and Students of Art History.