Might be of use for those that plan to host an event via Eventbrites.
Eventbrite is one of the largest event hosting platforms on the planet. It's been used to plan millions of events in more than 180 countries. As it turns out, unbeknownst to the thousands of event creators and millions of attendees, the company has maintained the right to show up at any event, film it, and own the copyright for it.
How is it different to people taking photos at an event and posting them on social media?
If it was a paid event they could sell the video legally, if they own the copyright to it
Sell it to who?
There were once things called VHS. Then DVDs. Sometimes they'd record concerts and sell them for money!
I know, right?
"Unbeknowst" = dumbasses who doesn't read what they agree to.
the company has maintained the right to show up at any event, film it, and own the copyright for it
eventbrite may own the copyright to the recording, but the works (literary works, dramatic works, musical works, and artistic works including works of artistic craftsmanship) recorded usually reside with its creator. unauthorised commercial use of the works for profit may allow the creator to sue.
https://www.artslaw.com.au/info-sheets/info-sheet/copyright/
From my reading of that sentence, eventbrite will show up and film the event - so, they are the creator of the film, so they own the copyright for it.
Where this gets murky is that the event organiser has to ensure they have got permission from all attendees that eventbrite can film them at their event and publish it. That adds a lot more overhead to an organiser's workload.
What if the event is of a private nature - say, an orgy in a Thai hotel for example.
they are the creator of the film, so they own the copyright for it.
eventbrite Is the creator and rights holder of the recording, but the rights to the works recorded is with its creator and performer. Think of it in this way. A dancer dances, an actor acts or a musician sings on a stage. Each of these individuals own their performance (assuming they wrote the works themselves). They’re the right holders to their works.
eventbrite records these individuals works while they perform. eventbrite is then the rights holder to the recording, but not the performance. eventbrite may use their recording as they please as long as they don’t infringe on the performer’s rights.
They may not use the recording for commercial purposes for profit without consent from the performers. They may also not use any of the images (the faces) of the people in the recording for commercial purposes without consent. Doing so may leave them liable to lawsuits.
Correct… However, the updated T&Cs specify that they have been provided consent and that the event organiser takes responsibility to ensure consent is obtained. The event organisers takes liability for not obtaining consent.
So, as far as eventbrite is concerned, they have the consent to use the recordings commercially till the T&Cs get challenged in court.
Correct… However, the updated T&Cs specify
eventbrite may put whatever clause they want in their contract, but that doesn’t mean that it’s lawful either under statutory legislation or common laws. A creator with the financial means may decide to test the contract in a court.
@whooah1979: Agreed - I definitely feel that this will not withstand a court ruling - but even then, would you be willing to take it to court. Many people will just cave due to the expense. Also, if a person had the financial means, they probably won't be using eventbrite in the first place - its targetted at people at the small end of the scale trying to organise things and needing a cheapish platform to help with the organisation.
In any case, I think we are both on the same page - just differ on the what we feel is the result of this.
gizmodo.com.au were playing Scrabble and got the letters to make the word
"unbeknownst" and just ran with it… lol
"Unbenownst" is a perfectly crommulant word :D
It's cromulent Lisa, geez!
Dammit! Well spotted though.
No embiggening for me.
No problems… Show-up & film it… It'll be a 2.5 hour drive from the nearest capital city & we'll get some great exposure for our free events that we use our ticketing system for… I can't complain, I didn't read the fine print & let's face it, "if you're not paying for something, you are the product."
username checks out