How Universal treats you, its customers
POSTED BY: SebastianFelis
UPDATED: Friday, September 16, 2005 19:32
VIEWED: 24499
PAGE 1 of 11
I attended a special screening of Serenity last night, in Sydney, where Joss was good enough to be there in person and answer questions after the show. On a positive note, Joss proved to be a real character, with a ready wit.
The Q&A session was filmed, and Universal intend to use the footage in a special feature on the DVD. So far, so good. However, _after_ we'd paid twice the normal ticket price, specifically for the added bonus of the Q&A, and handed over our tickets for admission, _some_ of us were given folded-up programmes for the show. Again, so far, so good. What wasn't so good was the letter tucked into the fold.
I didn't agree to the terms below, and I really take exception to Universal's approach. If they'd stated ahead of time that a condition of attendance was to sign a release form (i.e. before we bought the tickets) I wouldn't have a problem with it. Instead, some of us get a casual "oh by the way, you've handed over all your rights just by being here." I believe the consent form isn't legally binding, but am getting advice on the matter. The content of the letter, copyright attributed to Universal, follows:
RELEASE FORM RELATING TO USE OF NAME, LIKENESS AND QUESTIONS AND ANSWERS (THE "MATERIALS")
ADULT CONSENT
Date: 12th September 2005
Q&A SESSION WITH JOSS WHEDON AT HOYTS ENTERTAINMENT QUARTER ON MONDAY, 12TH SEPTEMBER, 2005
Re: "Serenity" ("the Film")
This letter confirms that by you attending this Q&A session today you have granted permission to Universal, its successors, licensees and assigns ("Universal") to use your name, likeness and questions and answers as such name, likeness and questions and answers appear in the Materials and in connection with advertising, publicising, exhibiting and exploiting the Materials (in whole or in part) and any audio-visual and/or printed material into which the Materials are licensed in any and all media now known and hereinafter invented in any and all languages in perpetuity throughout the universe. For the purpose of this letter, the "Materials" shall consist of your name, likeness and questions and answers which Universal intends to include in a featurette in connection with the DVD release of the Film. You hereby acknowledge that Universal shall have no obligation to utilise the Materials. Universal shall have the right to translate the Materials from the English language version into any other language version and to cut, edit, add subtract from, arrange and rearrange the Materials as Universal my elect in its sole discretion.
You hereby irrevocably and unconditionally give and confirm to Universal and its successors licensees and assigns all consents and waivers (including a waiver of moral rights) required pursuant to any laws in any jurisdiction to enable Universal to advertise, publicise, exhibit and exploit the Materials as intended in accordance with this agreement. You hereby release Universal from any and all claims and demands arising out of or in connection with such use including, without limitation, any and all claims for invasion of privacy, infringement of your right of publicity, defamation and any and other personal and/or property rights. You understand that Universal is proceeding with the production, distribution and exploitation of the videograms including the Materials in reliance upon and induced by the foregoing permission. You hereby indemnify and hold Universal fully indemnified from and against all actions, proceedings, costs, claims, damages and demands howsoever arising in respect of any actual or alleged breach or non-performance by you or your agreements contained herein.
This letter shall also serve to confirm that you have the authority to grant Universal the right to use your name, likeness and questions and answers as the same appear in the Materials and that the exercise of such rights shall not violate or infringe any rights of whatsoever nature of any third party.
Your attendance at this Q&A session today signifies your acceptance and agreement to the above terms.
Yours sincerely,
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sounds like the stand signs that were up at the Advanced screenings (for which we paid to attend):
I don't see what the big deal is,
you figure people will want to sue for being shown in a DVD extra for the BDM?
well don't worry about it,
odds are you won't be included anyway
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I just might want to sue, yes.
The big deal is that they didn't bother to ask, but just casually informed some of us without giving us a choice. As far as I can tell, not only is the letter not legally binding, but that form of "agreement" is actually illegal here.
If they'd put up a sign like the one you've shown, even that would have been a huge improvement.
And no, I don't think it's likely that I'll be in the feature. That isn't entirely the point.
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" All hail the mighty alliance".
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I'm not sure what I'm missing here, so help me out. It looks like a standard disclaimer to appear on video to me, in case you do something girls-gone-wildish and they show it and you decide to sue because they used your image. I'm not a lawyer (and for once Hero, I'm asking you to assist me here), so is there legal language I'm missing? Or is this something so common in the states that when it happens overseas it's a big deal? It's just like a video game liscense to play; you buy the game then have to agree to their terms to play it.
I'm not sure what all the fuss is about, unless I'm missing something from the legal disclaimer. Am I?
------------------------------------------
He looked bigger when I couldn't see him.
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The point, then, is that you're angry about something you wouldn't have been angry about if presented differently?
And, as a result of this, you are going to sue Universal Pictures, a subsidy of NBC-Universal, a corporation worth billions of dollars who can hire a team of lawyers to fight your suit.. granted it doesn't get thrown out when Universal agrees to not use you in any promotional footage?
I'm not really certain of your financial situation, so I can't say if you'd be able to hire a decent team of lawyers to fight for you compared to the dozen or so lawyers NBC-Universal would have on the case.
Considering you wouldn't have minded otherwise, perhaps writing a letter saying this was handled poorly, in your opinion, and asking to remove yourself from consent might work better than going to the legal system (and considering they likely had lawyers review this process beforehand...).
If you feel the need to sue, go ahead, but it seems like a whole lot of work without any change likely.
"You are on the Global Frequency."
http://www.frequencysite.com
http://kfmonkey.blogspot.com
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Not the classiest approach, I'd say.
On the other hand, Universal's doing a lot of good things for us, and investing a lot in our potential.
I think we can afford to be magnanimous.
--Anthony
"Liberty must not be purchased at the cost of Humanity." --Captain Robert Henner
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Quote:
in any and all media now known and hereinafter invented in any and all languages in perpetuity throughout the universe
I guess they wanted to be thourough, huh?
Did they really need to add 'the universe'? Seriously? Are there many people going to sue from Mars?
*~*~*
"Your toes are in the sand."
"And your head's up your..."
"Hey!"
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We can indeed afford to be magnaminous.
But Universal can afford to be polite.
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Quote:
Originally posted by SebastianFelis:
I just might want to sue, yes.
No attack, just a serious question here.
What would be the damage done to you as the basis for a suit? Do you think that you would deserve compensation for the intelligent comments you make in the Q&A?
You were handed a notice, if you read it and didn't like it, you could, I'm sure ask for your money back.
Again, I understand surprises go against one's expectations and can be upsetting.
Regards.
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