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Eventbrite Claims The Right To Film Your Events -- And Keep the Copyright (eventbrite.com) 148

Eventbrite lets you sell tickets online for your events. An anonymous reader reports on Eventbrite's newly-updated merchant agreement. The merchant agreement specifies that you "grant permission to Eventbrite and its agents to enter onto and remain on the premises (including real property, fixtures, equipment, or other personal property) where your event is hosted...with personnel and equipment for the purpose of photographing and recording the Premises, both internally and externally in connection with the production of digital content on the date of your event(s) and any other dates reasonably requested by Eventbrite (for example, during setup and breakdown for the event) (the 'Shoot')."

But in addition, you're also granting them permission to record and use footage of all your attendees and speakers, "in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to." And after that Eventbrite "will own all rights of every nature whatsoever in and to all films and photographs taken and recordings made hereunder, including without limitation of all copyrights therein and renewals and extensions thereof, and the exclusive right to use and exploit the Recordings in any manner, in any medium or context now known or hereafter developed..." You're even responsible for obtaining all the clearances and licenses "necessary to secure Eventbrite the permissions and rights described above," and you also release Eventbrite from any claims that may arise regarding use of the Recordings, "including, without limitation, any claims of defamation, invasion of privacy, or infringement of rights of likeness, publicity or copyright."

"So, yeah. No," tweeted Ars Technica's national security editor. "Eventbrite is now off my list for recommended event organizing tools."

UPDATE (4/23/18): "Facing a backlash to the new language, Eventbrite pulled the section from the Agreement's text on Sunday afternoon," reports Ars Technica.
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Eventbrite Claims The Right To Film Your Events -- And Keep the Copyright

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  • by Elfich47 ( 703900 ) on Saturday April 21, 2018 @05:23PM (#56479691)
    Do they plan on putting this on Youtube and attempting to monetize it? I don't even want to think about the issues involved if their cameras pick up a copyrighted video is shown at one of their events. The copyright nightmare would keep the lawyers in boat payments for years.

    What is the end game for this? Or is some lawyer just getting over reaching and assuming someone isn't going to read the fine print?
    • by Anonymous Coward

      Their own streaming service. Consolidation DVD/BLueray/whatever disks.

      'Hey, stream the indie bands/theater/show in your area! $6.99/month!"

      "See the hotchicks that show up to bands in your area."

      Kids posting the video and posting "Ah mah Gaahd! There's me and my buds!"

      And the algorithms take over and start posting ads for concerts, shows, cloths, restaurants, .....

      Geeze! I'm an old fart 'who doesn't get this shit' and I can think of those off of the top of my head.

    • by Anonymous Coward

      I think the short to medium term use would be to advertise their own service to more people. They could show pictures and videos on their website, apps, and advertisements of past Everbrite events that look fun, exciting, and high class, with a bunch of beautiful people doing unique things in unique environments. It's the same reason beer companies used to have advertisements featuring party dogs on beaches with skimpily clad beautiful women running around flirting with average and below-average looking g

    • by Dutch Gun ( 899105 ) on Saturday April 21, 2018 @06:31PM (#56479977)

      Or is some lawyer just getting over reaching and assuming someone isn't going to read the fine print?

      Yeah, probably just an over-reaching lawyer, with the attitude "hey, let's just grab ALL the rights while we're at it - just in case we need them" My guess is that they originally wanted to be able to use the media for advertisement or self-promotion, but got ridiculously greedy and over-reaching with the language.

      You'll probably see an explanation from the company president for this language, and a shortly after a severe narrowing of the language to make it more reasonable, or clear what the intent is.

      My heavens, who'd have thought anyone would actually READ all that legalese, huh?

      • Probably overreaching lawyers, yes. Also, Everbrite might fancy themselves as possibly able to leverage that into an experience recording/selling outfit, like when you go on a cruise and get offered a DVD of "your" great memories.

      • by Anonymous Coward

        No. It's just hoarding stuff it can possibly monetize later. Raises their "value" if they want to sell out or IPO (that's the same, actually).

        Someone mentioned they want to IPO?

        Just avoid them. I don't get what value they offer, anyway (yes, I've been at some events managed by them. I always wrote to the organizers that it ain't worth it).

      • Strategy #1: "We want to display pictures of your event on our site without asking"
        Reaction: "That's outrageous, you can't use our event do do promotion for your company!"

        Strategy #2: "We want all rights to everything"
        Reaction: "That's outrageous, you can't... (etc.)"
        Update: "We made a mistake, obviously that was not our intention, we will update the phraseology, we just want to display pictures of your event on our site"
        Reaction: "Ah, that's OK then".

        Strategy #1 is to be avoided, #2 always works.

      • An overreaching lawyer or an overreaching CEO, it doesn't matter to me who it is.

        That person needs to be fired.

      • by Anonymous Coward

        The music production tool that demands rights to your productions. Even the money grabbers in the industry don't try to pull that.

    • by mysidia ( 191772 ) on Saturday April 21, 2018 @07:28PM (#56480165)

      I have no idea, but it just wouldn't fly.... If I was holding event, there would be absolutely NO WAY IN HELL representatives of Eventbrite itself would be allowed access to the venue or to setup cameras; On-Site security would address anyone trying to come in with a Camera and ask them to leave, and if they refuse the police would be called, and they'd find themself in a jail cell for trespass.

      • by Anonymous Coward

        I guess the legal question comes down to the remedy. Did you pay eventbrite for their service? If you block access what can they sue you for. They won't have any footage of the event to sell, and therefore no copyrights. What could they get out of it? I suppose they could block your access to their service, but does that matter?

    • by Anonymous Coward

      You had to sign a form where you could only use original riffs in your audition, and then Fred Durst then owned them. It basically was a fishing operation for free material.

      http://blastecho.com/limp-bizkit-publicity-stunt-to-replacement-founding-guitarist-fails-miserably/

    • Do they plan on putting this on Youtube and attempting to monetize it?

      I know Eventbrite was used to sell tickets to a New Years Eve party with a famous band a few years back so yeah, they could probably monetize the content.

      • by tlhIngan ( 30335 )

        I know Eventbrite was used to sell tickets to a New Years Eve party with a famous band a few years back so yeah, they could probably monetize the content.

        Yeah, and now, they're not going to get any of this. One store I know uses eventbrite, and they use it to give out free tickets to participating events. E.g., they offered free basic instrument lessons over lunch. Sure, Eventbrite can go and film a bunch of no-talents learn to play the ukelele. I'm sure YouTube could use more of that.

        Another time they use

      • by dwarfking ( 95773 ) on Sunday April 22, 2018 @08:41AM (#56482997) Homepage

        I recall years ago when my kids were still in primary school, we received similar disclosures from the companies hired to do class pictures.

        They claimed they owned the copyright on any pictures taken of our kids, we couldn't make our own copies and they could do what they wanted with the photos.

        We declined and had our kids pictures taken instead at a local photographic studio without that crap.

        Turned out one of the things they were doing with the school pictures was selling them to the stock-photo companies where they could be used in advertising.

        • by tlhIngan ( 30335 )

          I recall years ago when my kids were still in primary school, we received similar disclosures from the companies hired to do class pictures.

          They claimed they owned the copyright on any pictures taken of our kids, we couldn't make our own copies and they could do what they wanted with the photos.

          We declined and had our kids pictures taken instead at a local photographic studio without that crap.

          Technically, according to copyright law, the photographer owns the copyright to the photos they take. So yes, they

    • by Anonymous Coward

      I don't understand what they offer that is such a big deal. It's easy as fuck to create and sell your own tickets online. You setup a web site that accepts payment and issues a unique number to each person who pays. They bring that number, either printed or written down, it gets input into a computer at the door and invalidated so that nobody else can reuse it.

      It's fucking not difficult to do.

  • by Anonymous Coward

    you may not own the rights - they are making you sign away - famous\semi famous people may own their images rights etc,

    • by jarkus4 ( 1627895 ) on Saturday April 21, 2018 @05:32PM (#56479729)

      Part of this paragraph:
      "You are responsible for obtaining, at your own cost, all third party permissions, clearances, and licenses necessary to secure Eventbrite the permissions and rights described above"

      • by dwywit ( 1109409 )

        That's just not going to work. Celebrity X turns up unannounced, (or, as mentioned above, there's something copyrightable in the background), gets filmed by Eventbrite. Unless the event promoter has a blanket clause in the ticket T&C covering this, Eventbrite *and* the promoter will likely lose the court case.

        To satisfy Eventbrite, the promoter will have to get advance clearance from all rights holders. And if one or more don't agree to Eventbrite's terms? Either that item drops from the event, or Event

        • by mysidia ( 191772 ) on Saturday April 21, 2018 @07:46PM (#56480225)

          or Eventbrite doesn't get to sell the tickets. I know what I'd choose.

          Sell "Eventbrite" tickets to the "Admission Desk" event. To gain access to the actual event, after being admitted to the Admission Desk event, You have to sign a document at the Admission Desk that contains legal language effectively Nullifying Eventbrite's agreement, then and only then will you be allowed to turn in your Eventbrite pass (That was good only for access up to the desk), and in exchange receive your "Main event Access Token", and the agreement you sign to get the Token and access PAST the second security gate promises Not to Record anything, and lays out a set of terms that Supercede any Prior agreement between the parties.

          • by dwywit ( 1109409 )

            That might just work. I like the way you think.

            But I doubt Eventbrite would welcome you back for subsequent events.

          • Sell "Eventbrite" tickets to the "Admission Desk" event. To gain access to the actual event, after being admitted to the Admission Desk event, You have to sign a document at the Admission Desk that contains legal language effectively Nullifying Eventbrite's agreement,

            That's stupid. If you find a proposed contract unacceptable, then you don't try to find workarounds (which is always dubious), you just refuse to accept the contract. Hurts them where it hurts them most.

          • Brilliant response!
            Hey...I may need a lawyer...are you available?
        • To satisfy Eventbrite, the promoter will have to get advance clearance from all rights holders.

          Yes. And he agreed to do so. So, if things land in front of a judge, he will be the one that neglected contractual obligations. (Unless your local jurisdiction has laws against unexpected or discriminatory clauses in TOS)

          So in your case, celebrity sues eventbrite, they take the organizer in regress.

          But in turn, I haven't heard of an event organizer who would not reserve the right to take und use photographs of their own events for PR. I guess events without that clause are running on a premium....

      • Part of this paragraph: "You are responsible for obtaining, at your own cost, all third party permissions, clearances, and licenses necessary to secure Eventbrite the permissions and rights described above"

        And if someone says no? Is their invitation acceptance and participation dependent upon their agreeing to sign a rights waiver? If not, you can't make someone sign away their rights.

        In any case, I agree with Sean: "yeah, no".

      • This is very interesting. Their OTHER TOS does not match the one posted here:

        TOS from the web site
        https://www.eventbrite.com/sup... [eventbrite.com]

        TOS from Slashdot
        https://www.eventbrite.com/sup... [eventbrite.com]

        I suppose the terms of service is different from the merchant agreement, except that there does seem to be SOME overlap....

        • Merchant agreement applies only to some. Parto of TOS:

          "1.3 What Else. If you are an Organizer offering events with paid tickets, Eventbrite's Merchant Agreement and Organizer Refund Policy Requirements are also applicable to you."

      • Aaand... ...the lawyer's fees to make sure you get that part right may easily exceed what organizing the event yourself. If it is feasible at all and you don't have too many event goers refusing your terms.

        Overall, it looks like a spectacularly bad idea to work with Eventbrite under this circumstances

  • Fuck That!!! (Score:3, Insightful)

    by Anonymous Coward on Saturday April 21, 2018 @05:29PM (#56479717)

    "in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation."

    No fucking way!!!

    Eventbrite is on my shit list. Forever. PayPal, eBay, Roku and now Eventbrite.

    • by dwywit ( 1109409 )

      In any case, I doubt the enforceability of the "hereafter developed" clause. Insurance companies have very clearly defined "future events", e.g. water that enters your house via ground flow, that is flood, vs. water that enters your hosue via leaky roof. That's come about by legal precedent, and they don't get to use a generic term like "entry of water" then slide out of a claim by saying "we meant flood, not leaky roof".

      So you can't use a blanket term like "hereafter developed" and hope a court will enforc

      • Billy Corgan was on Joe Rogan a while back. He had mentioned some ridiculous legalese that mentioned alternate universes / dimensions / realities.

        Say what you will...the record company lawyers have foresight if nothing else.

  • by Anonymous Coward

    Check out tickettailor.com, an easy to use event ticketing platform that puts the event organiser in control.

  • by cunina ( 986893 ) on Saturday April 21, 2018 @05:50PM (#56479813)
    Ah yes, the Eventbrite thatâ(TM)s preparing for its IPO this year. Also the same Eventbrite that canceled Milo Yiannapoulisâ(TM) event because of unspecified âoeterms of serviceâ violations.
  • I'm going to start sending Eventbrite invites to President Trump's daily intelligence meetings.
    • by Anonymous Coward

      That's an oxymoron - Trump and Intelligence meetings.....

      • That's a good one! Do you mind if I use it in my act?

        Yours,
              Nathan Birnbaum

      • Re: Cool! (Score:2, Funny)

        by Anonymous Coward

        Not necessarily.
        [Members gather round table, shuffle papers]
        Chairman: "Well, how was he?"
        Glum looking committee member, shaking head sadly: "Still no sign of intelligence I'm afraid."
        Chairman: "Thank you. If there's no further business, I'll call this meeting to a close."

  • Fuck Eventbrite (Score:4, Insightful)

    by AndyKron ( 937105 ) on Saturday April 21, 2018 @06:21PM (#56479921)
    Fuck Eventbrite and everyone like them.
  • I was done with them years ago. HR at my last job decided to use them for some event. Eventbrite decided that meant I wanted spam about any shit going on in my area. Fuck those spamming assholes.
  • by shubus ( 1382007 ) on Saturday April 21, 2018 @06:27PM (#56479965)
    Any promoters reading the fine print are likely to tell Evenbrite to take a short walk off a long plank. What organization would agree to this?
  • by BlazeMiskulin ( 1043328 ) on Saturday April 21, 2018 @06:30PM (#56479975)

    [A]you're also granting them permission to record and use footage of all your attendees and speakers, "in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to." [B]And after that Eventbrite "will own all rights of every nature whatsoever in and to all films and photographs taken and recordings made hereunder, including without limitation of all copyrights therein and renewals and extensions thereof, and the exclusive right to use and exploit the Recordings in any manner, in any medium or context now known or hereafter developed..."

    If you grant A, B is automatic under current copyright law.

    One possible exception: If any of the recorded material has a previous copyright (e.g., a speaker uses a speech to which they hold the copyright), Everbrite can not usurp that copyright.

    Other than that? It's quite likely that this will stand up in court.

    That being said: Don't use Everbrite. Tell everyone you know not to use Everbrite. Hire a local firm that does what they do, and stipulate in the contract that it's "work for hire".

  • by Tim the Gecko ( 745081 ) on Saturday April 21, 2018 @07:39PM (#56480201)

    By participating in an event that uses the Athlinks Sites for display of photography, video or results (“Athlete Images and Data”), you hereby grant Athlinks a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your image and likeness in the Athlete Images and Data uploaded by Event Directors on or through the Athlinks Sites.

    Not that I care too much about the copyright on 10 seconds of video where I cross the finish line.

  • Make the event the parking lot. Itâ(TM)s a nice parking lot anyhow, so close to unrelated unaffiliated shows. Then just happen to invite some weary travelers into said separate event whilst Eventbrite can continue to go fuck themselves in the official event that was the parking lot.
  • and it is not April 1st. I can't believe someone would be this extreme level of stupid to try to put such onerous terms upon its customers. And any consumers that use this service are just as stupid.
  • My thanks to whoever actually read though the terms and conditions and found this. Having checked that the same T&C are in the Australian branch of Eventbrite (they are) I have posted this story on a couple of theatre discussion lists I'm involved with, and had a very grateful response. An eye opener for all concerned.
  • Some time in the past twelve hours, the ToS was updated. There is no longer any trace of the recording clause.

    There is still a clause that requires me to waive my right to participate in a class action though. I can sue EventBrite only individually, not as part of a class action. (It appears that no-one, for any reason, whether merchant or customer, can ever pursue them in a class action under that ToS.)

  • One could be forgiven in assuming that this is a fail from some legal bot attempting to come up with a way to CYA EventBrite if they were ever DNCA'd as opposed to them doing evil

  • I can't find anything being complained about in the linked 'terms and conditions'? Did they pull them already, or did they never exist?

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