Q: Can independent media, with permission from a promoter of an event, film and post videos on YouTube/Facebook?
There is an association that "signed" a contract to a third party that allows for them to have full media rights for any event that the association has. The association has contracts with promoters of an event to bring a show to the event. Does the promoter have to agree in the contract to give up the rights to all media at their event to the association they signed the contract with to allow the third party company to have full media rights? If so, does that mean that independent media would still have rights as long as they have the promoter's permission? If not, does that mean that the third party is control of what independent media can do with their content?
A: Generally, yes, independent media may film and post videos of an event with the promoter's permission. However, If the event features music, separate copyright permissions for that music are likely required to avoid copyright infringement on platforms like YouTube.
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A:
When an association grants exclusive media rights for its events to a third party, it typically means that this third party holds the authority over how any event-related content is distributed, used, or published across various media platforms, including YouTube and Facebook. This arrangement often requires that any promoter working with the association to organize an event must adhere to the terms of this media rights agreement. In essence, the promoters, by entering into a contract with the association, may have to relinquish their rights to control the media output of their event, making the third party the primary gatekeeper of content distribution.
In such a scenario, independent media entities looking to film and post videos of the event on platforms like YouTube or Facebook would likely need to seek permission not solely from the event's promoter but directly from the third-party holding the media rights. The reason is that the third party's agreement with the association usually places them in a position to dictate the terms of who can create, share, or monetize content related to the event. Even if the promoter is supportive of independent media coverage, the ultimate decision rests with the third-party rights holder.
Therefore, for independent media to legally share content from the event, securing consent from the third party that owns the media rights is essential. This ensures that their activities do not infringe upon the contractual agreements in place. It's always advisable to clarify such permissions well in advance of the event to avoid any potential legal complications. Understanding the specific details of these agreements can often be complex, and when in doubt, consulting with a legal professional experienced in intellectual property and media law might provide further clarity and guidance.
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