Burning Man snatches copyrights, authorizes censorship
Taking any photos at Burning Man? Planning to create any artwork from images you create while there? Better hope that the Burning Man Organization likes it, or they will seize copyright and force you to remove your work.
Came across an interesting article from the Electronic Frontier Foundation regarding Burning Man. Turns out that the organizers are using a nice little legal twist buried in the fine print that allows them to snatch control of your work.
From the ticket purchase Terms & Conditions:
2. I agree to comply with any and all rules, regulations, terms and conditions of the Burning Man event, including but not limited to the following:
“Use of Images”
I UNDERSTAND AND ACCEPT THAT NO USE OF IMAGES, FILM, OR VIDEO OBTAINED AT THE EVENT MAY BE MADE WITHOUT PRIOR WRITTEN PERMISSION FROM BURNING MAN, OTHER THAN PERSONAL USE. I understand that I have no rights to make any non-personal use of any image, film, or video footage obtained at the event, and that I cannot sell, transfer, or give the footage or completed film or video to any other party, except for personal use, and I agree to inform anyone to whom I give any footage, film, or video that it can only be used for personal use.
9. I agree that, in the event I post, or allow to be posted, any images (still or video) on a personal website or a website controlled by a third party, that (1) in the event Burning Man notifies me that any such images must be removed, for any reason whatsoever in Burning Man’s sole discretion, I will promptly remove or cause to be removed those images; and (2) I will place, or cause to be placed, on any website in which such images are displayed a notice that the images can be used only for the poster’s personal use and not for any other purpose and that downloading or copying of the images is prohibited. I further agree that, in the event any third party displays or disseminates any of my images in a manner not authorized by this agreement, I assign to Burning Man the copyright so that Burning Man can enforce against the third party any restrictions concerning use of the images, and I appoint Burning Man as my attorney-in-fact to execute any documents necessary to effectuate such assignment.
10. I acknowledge that the Burning Man name and logo are the property of the Burning Man organization, and I understand that the Burning Man organization controls all rights regarding the licensing and reproduction of any imagery recorded at the event. I agree that I will not use the mark or logo of Burning Man or likeness of the Man on any website or in any commercial manner.
12. Holder hereby appoints Burning Man as his or her representative to protect his or her intellectual property or privacy rights, recognizing that Burning Man has no obligation to take any such action.
14. Use other than personal use of images from Burning Man, or of drawings or representations of the Burning Man sculpture on a book cover or in any advertisement, or of the phrase “Burning Man” in the title of any publication or in any advertisement, is prohibited without prior written consent of Burning Man.
Doesn’t seem like the best way, as their Mission Statement indicates, “to generate society that connects each individual to his or her creative powers, to participation in community, to the larger realm of civic life, and to the even greater world of nature that exists beyond society.”