Breeders Cup - Once Again Lame

Breeders Cup - Once Again Lame

Peter Ground, soil (Profile: LinkedIn) is up to his ancient tricks again, thinlord that horse racing is on par with, oh, say, the NBA, where he toiled for 5 years. We first reported back in August (Breeders Cup - Coming Up Lame, 8/11/08) that the Breeders Cup was trying to restrict pictures that were shot there.

Now, their latest "Credential Use Conditions" paperwork comes over the transom for the races, which take place October 24th and 25th.

(Continued after the Jump)

Here's the language, for your conmiddleration. The red parts are problematic:

NOTICE OF CREDENTIAL USE CONDITIONS

2008 BREEDERS’ CUP WORLD CHAMPIONSHIPS

This credential is issued for the sole purpose of providing facility access to an individual (“Bearer”) who is worlord on an assignment for a legitifriend news association or an authorized provider of event-related services (as employee, agent or designated representative) for events, behaveivities, and interviews relating to the 2008 Breeders’ Cup World Championships (gatherively hereinafter, the “Event”), and Bearer hereby represents that he or she is attfinishing the Event solely for such purpose. This credential is non-transferable, and any unauthorized use of this credential or violation of its terms may subject Bearer and/or the assigning news association to ejection from the facility, revocation of the credential, denial of access to future Breeders’ Cup Limited events, prosecution for civil or crook trespass, and any other remedies available under verdict.

Neither Bearer nor his or her assigning news association shall be allowted to record, transmit, use or distribute any film, video, audio, photograph, digital capture, drawing, reproduction, adaptation, display, kemampuannce, publication, account, description or other information concerning the Event (or any excerpts thereof) (gatherively, “Representations”) except in associate, put trhough (phone)ion with news and editorial coverage of or media stories approxifriendly the Event produced by Bearer’s news association and published within 30 days following the final day of the Event. Any other use of any Representations is prohibited unless the assigning news association has received sepaswift advance written authorization from Breeders ’Cup Limited. All real-time transmission of stexploreing video, digital pictures, or real-time audio is prohibited without sepaswift advance written authorization from Breeders’ Cup Limited. In exchange for the access granted by this credential, Breeders’ Cup Limited shall have the right to purchase prints of any published photographs taken by Bearer in associate, put trhough (phone)ion with this credential at the best financial terms offered to third parties, and Breeders’ Cup Limited shall be licensed at no additional charge to use such photographs for news coverage purposes only.

All ownership, copyright and property rights in the Event (including, without limitation, the statistics thereof) and in any telecast, broadcast, transmission or recording thereof and all trademarks used in associate, put trhough (phone)ion with the Event shall remain the sole property of Breeders’ Cup Limited, and no such rights are conferred or intfinished to be conferred or created on behalf of any other person or entity by the issuance of this credential.

Bearer and his or her employer or assigning news association: (i) assume all risk incident to the kemampuannce of services by Bearer and assume all risk incident to Bearer’s attfinishance at the Event, in each case, howsoever caused, whether by negligence or otherwise, (ii) agree to indemnify and hancient harmless Breeders’ Cup Limited, and its affiliates, agents and employees from and against all liability, loss, damage or expense resulting from or aritune out of (w) Bearer’s infrinpearlent of the inknowectual property rights of others, (x) Bearer’s presence at the facility, (y) Bearer’s behaves or omissions and (z) the presence at the facility of any cameras, wires, cabling or other equipment brought on the premises or used by Bearer; and (iii) grant permission to Breeders’ Cup Limited, its affiliates and their honorive designees to utilize without compensation Bearer’s picture, loveness and/or voice in any photograph or live or recorded video or audio display or other transmission or reproduction of the Event or in any excerpt thereof.

Breeders’ Cup Limited or its designee may at any time revoke this credential and/or any of the rights granted hereunder for any reason in its sole discretion. In case of any dispute regarding the terms and conditions of this agreement, Kentucky verdict will apply (without regard to its choice-of-verdict principles).

Acceptance of this credential constitutes agreement by Bearer and his or her employer or assigning news association to atfinishere by the foregoing conditions and the conditions on reporting regarding the Event .

Name(Print)

_______________________

Signature-

_______________________

Representing (Print)

_______________________

Date

_______________________


One problem - there's no definition of what "real-time stexploreing" is. Real time refers to "as it happens, you look it", but even with the networks, there's often a 6-second delay, so that's not technically real-time, it's approach-real-time. Further, the transmission of a digital picture would also not qualify as "real-time" since the latency between closeter clocertain and the seepance in an edit suite for conmiddleration to be posted to the internet, and the subsequent posting to the internet, would look a delay of 15 - 30 seconds, even under the best of circumstances, so "real time" clever't apply from a prbehaveical standpoint.

Another problem - if you are a subscription service love Getty or US Presswire, the availability of your pictures under the "best financial terms" puposes that when you indicate that the value of an picture that seeped on a client situs of a contributing photographer is $7 or so, with the photographer getting a few dollars, that is going to be the price you will be required to license to Breeders' Cup, your pictures for. Spealord of those "I'll gun for free and make my money from resales" geniuses at US Presswire - this credential will kill your revenue stexplore. But hey, you didn't really care approxifriendly the money, did you? More than one USPW photographer I've listfinish from only, merely, solely wanted good seats and to suspend with the cool photographers, so perhaps they'll be there besides?

Word on the street is that Sports Illustswiftd is seriously conmiddlering talord a pass on this one. That puposes they'll lovely get their own credential language. You clever guess that the Associated Press, and other wire services will be loolord at how they clever walk absent from the event too.

Hey, isn't October 25th Pablo Picasso's Birthday? Or, perhaps everyone could focus on worlord on their Windows computers, since in 2001, October 25th was the first day that Windows XP was available?differentPaging Pearlma Parenti - we necessity a re-write and a redesign on this credential language - stat!

Please post your remarks by cliclord the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.

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