New York CIty Council Member Ben Kallos

Tourist Attractions Like Hudson Yards Vessel Could Not Take Ownership of Your Social Media or Identity Under Proposed Legislation by Council Member Ben Kallos

VESSEL TERMS AND CONDITIONS AND RELEASE AND WAIVER OF LIABILITY EFFECTIVE: February 15, 2019

"I will be introducing legislation in the City Council to ensure that when 60 million tourists visit our city their photos, videos and identities are not taken and sold to the highest bidder.

"You don't own me, you don’t own my identity, and you can't own the photos in my smartphone just because I took them at your tourist attraction.

 "We've all been to museums where you can't take a photo or to a sports game where you might end up on TV, and that's usually a good thing, especially if you caught a home-run in the bleachers.

"This is the first time I've heard that visiting a tourist attraction means that any photo or video you take is owned by the attraction and that's too far. They can always retweet or share your content on Facebook, but claiming ownership is ‘theft through terms and conditions.’

"Security cameras can help keep us safe, but storing footage for marketing is a nightmare.

“The proposed bill would stop tourist attractions from forcing visitors to give ownership of their identity or any photos or videos they take whether through terms and conditions or other agreements necessary to visit.

 

Relevant Sections from Vessel Terms & Conditions from February 15 and as of March 19:

TERMS & CONDITIONS
VESSEL TERMS AND CONDITIONS AND RELEASE AND WAIVER OF LIABILITY
EFFECTIVE: February 15, 2019
https://www.hudsonyardsnewyork.com/discover/vessel/terms-conditions

7. NOTICE OF FILMING OR RECORDING. I understand that I may be photographed, filmed, or otherwise recorded at the Vessel. I agree that all photographs, audio recordings, and video footage taken of me while at the Vessel, and any derivative works (“Recordings”), will be the sole property of Company. As the owner of the Recordings, Company has the unconditional, irrevocable right (exercisable by Company or by third parties on Company’s behalf) to reproduce, display and use the Recordings, including for advertising, marketing and promotional purposes, in all media and formats, whether now known or later developed. I further authorize Company to store the Recordings on a database and transfer the Recording to third parties in conjunction with security and marketing procedures undertaken by Company. 

8. MY NAME AND LIKENESS. If I appear in, create, upload, post, or send any photographs, audio recordings, or video footage depicting or relating to the Vessel, I grant to Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use my name, likeness, voice, and all other aspects of my persona for the purpose of operating, developing, providing, promoting, advertising, and improving the Vessel or any other products or services provided by Company or its sublicensees (in either case, now known or later developed). I understand I will not be entitled to any compensation from the Company, its affiliates, or its business partners if my name, likeness, or voice is used in the Vessel’s marketing and promotions, whether on Company’s website, social media channels, or otherwise.

9. MY CONTENT. If I create, upload, post or send any photographs, audio recordings, or video footage depicting or relating to the Vessel, I grant to Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later). I further authorize Company to store such images on a database and transfer such images to third parties in conjunction with security and marketing procedures undertaken by the Vessel. Such usage and storage shall be in line with the Privacy Policy at all times. I will not exploit any photographs, audio recordings, or video footage of the Vessel for any commercial purpose without Company’s prior written consent.

 

TERMS & CONDITIONS
VESSEL TERMS AND CONDITIONS AND RELEASE AND WAIVER OF LIABILITY
EFFECTIVE: March 19, 2019
https://www.hudsonyardsnewyork.com/discover/vessel/terms-conditions

7. NOTICE OF FILMING OR RECORDING. I understand that I may be photographed, filmed, or otherwise recorded at the Vessel. I agree that all photographs, audio recordings, and video footage taken of me while at the Vessel, and any derivative works (“Recordings”), will be the sole property of Company. As the owner of the Recordings, Company has the unconditional, irrevocable right (exercisable by Company or by third parties on Company’s behalf) to reproduce, display and use the Recordings, including for advertising, marketing and promotional purposes, in all media and formats, whether now known or later developed. I further authorize Company to store the Recordings on a database and transfer the Recording to third parties in conjunction with security and marketing procedures undertaken by Company.


8. MY SOCIAL MEDIA POSTS. As between me and Company, I retain ownership of any photographs, text, audio recordings or video footage depicting or relating to the Vessel that I may create (the “Vessel Media”), unless otherwise agreed by me and Company. If I post any Vessel Content to any social media channel, I hereby grant to Company and its affiliates the right to re-post, share, publish, promote and distribute the Vessel Media via such social media channel and via websites associated with the Vessel or Hudson Yards (including my name, voice and likeness and any other aspects of my persona as depicted in the Vessel Media), in perpetuity. I understand that I will not be entitled to any compensation from the Company, its affiliates or their respective vendors in connection with the same.

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