Signatory Odt Made Easy

Signatory odt

this is a community supported legal education channel find out how you can support our mission at the links in the description below hello everyone i'm leonard french your favorite copyright attorney and today is life in a day 2020. at least this is the day that's meant for filming see if i can scroll down here so you can actually see that so today is filming day this day is for you to capture what your life is like today july 25th 2020 and they're gonna make another one of these videos out of all of the community contributions i thought we could take a look at some of the legal requirements here because they are requiring you to obtain an appearance release for any people who appear in your life in a day film contribution and a location release for any locations you shoot that are private locations where you're not allowed to shoot publicly basically so let's take a look at what is going on in here and see if there's anything concerning in today's video we're going to go over the appearance release only and if there's interest i'll go over the location release as well so it starts by indicating where the parties are and talking about this weird thing here which i have no idea what this is until you read that it's the company so rsa1-liad2020 limited is the company and yes that actually is a registered limited liability company a private limited company in london england so they say that the company is making a documentary film provisionally entitled life in a day 2020 made up of materials submitted by online users via a dedicated micro site and certain other contributors which is intended for making available on youtube and other commercial exploitation worldwide okay so you need to know worldwide commercial exploitation of their film which includes not just this film but later films made from it audio trailers teasers advertising promotional materials dvd extras bonus materials electronic press kits making of films documentaries or other productions based on or relating to such film or any other material connected with advertising promoting or exploiting such so you're agreeing when when you release the company here when you sign this release not as the filmmaker but as the contributor also as the filmmaker you're going to be agreeing to a terms of service that's very much like this but the contributor the person you're filming agrees that this recording of the contribution may be included in the film which is this up here everything it's not just the film when they say the film they mean all of this the company shall be under no obligation to use the contribution or any part of the contribution okay and if they don't use the contribution then you are not bound by the clauses below except for clause 9 which we'll cover in a bit and we'll see if we can explain why they chose clause 9 to survive even if they don't use your contribution if in the company's soul discretion the contribution is included in the film now that's something we glossed over soul discretion is a really powerful term that means literally soul discretion so not even a court will have discretion to override the company's choice if the company makes the wrong decision or makes a baseless decision there's an argument that that's still within their sole discretion it doesn't say here that you agree to the company's sole discretion reviewable by a court for certain kinds of errors it says sole discretion maybe someone could argue that's a slightly unconscionable term but i'm gonna guess for the moment that that's an enforceable term and and it really can be in the company's sole discretion so if they do use your contribution you agree that you've received good and valuable consideration okay what is consideration well consideration is your benefit of the bargain you go to buy something from the store it's a hundred dollars you give them a hundred dollars they give you an item your consideration for the bargain was your you got the item if you gave them if you if you had an agreement and you gave them the hundred dollars and they didn't give you anything well that's no consideration if the agreement was that you gave them 100 and they didn't have to give you anything and there was some kind of contract tied to that that's actually an invalid contract because there's no consideration the judges have said the courts have said you need to have a mere peppercorn of consideration but you must have something even a penny is consideration but it has to be more than nothing so you're agreeing here that you are receiving sufficient consideration the contributor then has to agree to these terms they confirm that they have irrevocably involuntarily consented to participate in any and all of video recordings submitted by the filmmaker okay that one i would definitely expect in a release two the contributor irrevocably grants to the company so that's not the filmmaker but to the company youtube a non-exclusive royalty-free license so you're giving up all your rights basically and they can use it for whatever they want and all consents which may be required under uk or us copyright law for the company to make the fullest use of the contributors appearance performance voice and other sounds the film may be distributed throughout the world in perpetuity in all languages in any and all media now known or later devised in the future including without limitation any renting and lending of the film and any use or exploitation in connection with any website the youtube website and any other website well notice something here the first website's in caps so that's going to be this websites which is the film and the microsite and youtube and then there's lowercase websites products businesses services of google and any of its group of companies that's everybody that's involved with google so any exploitation in connection with any other websites products businesses services of google and any of its group companies so you're giving google all of the rights this is fine if you are fine with it if you're not fine with it now you know three the contributor irrevocably grants the company the unlimited right to download edit copy add to take from modify etc great sounds like a normal release for copyright and then they say this next part to the extent permitted by law the contributor irrevocably waives the benefits of and agrees not to assert and waves and releases the company from any and all claims that contributor may now have or here and after have et cetera et cetera on any provision of law known as moral rights or drought morale let's take a look at what moral rights are as i'm not even sure many people realize they even have moral rights the moral rights are the right of attribution the right to have a work published anonymously or pseudonymously the right to the integrity of the work the preserving of the integrity of the work allows the author to object to alteration distortion or mutilation of the work that is prejudicial to the author's honor or reputation in the united states we have the visual artists rights act of 1990 and we did a story about how the five points graffiti site was taken was literally taken down like the building was destroyed in violation of copyright in violation of the moral rights of the artists so in that particular case the owner of the building could have definitely given the artists a chance to preserve their artwork had several months to do so and he didn't instead he intentionally knocked the building down uh before he was even allowed to just so he could win against the artist and he ended up owing them lots of money and is now appealing so you give up your moral rights when you contribute to this life in a day 2020 production and that's fine if you're fine with it you also agree not to instigate support maintain any action claim or lawsuit on the grounds that any of the videos or use of the videos or any derivative works infringes or violates the rights of the contributor the contributor agrees that consideration includes equitable remuneration not even sure exactly what they mean by that equitable is usually an injunction or a court ordering you to do something remuneration would be money would be compensation so a court order to give you money in respect of any and all rights of whatsoever kind of nature to which the contributor may now or subsequently become entitled to the laws of any country i think they're trying to cover their bases there that even if you're not entitled to monetary damages you're also not entitled to an order to turn over property of some kind likely including cash the contributor 5 warrants and confirms that company one that unless their parent or legal guardian also signs this release that they are at least 18 years of age okay so the contributor has to be 18 years of age or half parent's permission sounds normal two they have a right to enter this release and grant the rights referred to free of encumbrances okay two so your the contributor is saying that they have the right to do a contribution three the contribution is original and four nothing in the contribution infringes on copyright or any other rights of any person including the rights of confidentiality or is defamatory or derogatory of any person no that's a word i haven't heard in the law derogatory isn't really something we use in american law maybe there's something in the uk law about that that's what i'm going to guess since the company is uk and youtube is u.s they're going to be relying on those two countries laws so if you don't follow these rules these particular four rules here if you're under 18 and didn't get a release if you don't have the right to enter into the release if you don't contribute an original contribution so something plagiarized or copyright infringement or four commit copyright infringement or breach rights of confidentiality or be defamatory or be derogatory you have agreed to indemnify the company if the company gets sued for it or there are damages from your violation of one of those four provisions in part five then you're the one who's going to be liable for it the company ends up going through a lawsuit they tell the court that you're indemnifying them and the court might bring you in but i ultimately you're the one liable and a court case still happens you get to watch it happen and then when they lose you get to pay it you keep the company fully indemnified as well so that means the company could ask you to buy some kind of insurance or something or i was a little far-fetched but like if the company got wind that you had done something wrong and it was going to affect them they're good they might be able to ask you to do something to keep the company fully indemnified against all claims cost proceedings actions demands damages or liabilities whatsoever incurred or awarded against or compensation agreed by company so they can settle and you still have to pay it even if you disagree with the settlement they chose 6. the company shall have the right to use the contributors name photograph non-photographic likeness and voice so name photograph likeness and voice throughout the world for all purposes of advertising distribution exploitation and communication to the public of the videos the film and any website and the google services in any and all media now known or devised in the future in perpetuity remember the google services are any other websites products businesses or services of google and any of its group companies i'm assuming that means the companies they own but they could probably argue with you the contributor 7 irrevocably releases the company from any and all claims for invasion of privacy publicity rights defamation moral rights or similar rights so another release just to be explicit the contributor acknowledges that the contributor shall not be entitled to rescind this release so you can't take it back they will not be entitled to any injunctive or equitable relief even though we did just say that up here they also said it down here in slightly different language trying to cover their bases or maybe there is something very specific that i'm not aware of with this equitable remuneration thing the contributor acknowledges that they are solely responsible for any claims losses damages expenses other liabilities of any kind whatsoever arising from or as a result of or connected with any activities involving the participation in the videos this is the clause that survives even if they don't choose your contribution then this clause is still still applies to your contributors still applies to your contribution and this is a little bit different than an indemnification this is saying that if you cause damage because you're working on this project and the authorities are like why did youtube ask this person to make this video and cause all this damage we should sue youtube but we should charge youtube youtube is like hey no no we have an agreement here that you agree this is all on you and not on us so this is kind of like indemnification but it's saying that they're not responsible for what you do as opposed to you're responsible for what you do and they get sued for is two sides of the same coin including without limitation any damage or loss to property including the contributors property so you can't sue them if you break your camera that kind of thing any injury or death including the contributor so probably don't do anything that's going to kill you and the way i'm imagining this plays out is let's say that i want to film somebody and in the process of filming they cross the street they're not paying attention and they get hit by a car can someone sue youtube and say hey youtube you asked this person to make a film they made a film in a negligent way that caused this person to get hit by a car and die that's what they're trying to avoid they're trying to break that chain between youtube and you or youtube and the contributor the contributor irrevocably releases the company and third parties from any and all liabilities the company shall be entitled to assign or license the whole or part of this release to a third party paragraph 10 so they can transfer this agreement to another party they can basically sell your agreement and some other production company can take over or something and for the purposes of applicable uk data protection act legislation and analogous legislation in other jurisdictions they this is an information paragraph the company is the data controller and agrees to use the personal information provided by the contributor in accordance with the policy as stated here life in a data youtube static pdf dpn hyphen c hyphen en dot pdf which also summarizes certain of the contributors rights under the uk data protection laws 12 if any provision of this release is invalid okay so they're getting to the contract terms these are standard boilerplate contract terms number 12 here is going to be a severability provision if one of these paragraphs is invalid only that paragraph is invalid as opposed to making the whole agreement void or avoidable or unenforceable 13 this release constitutes the entire agreement that means you can't bring in outside evidence what we call parole evidence outside evidence of modification to this agreement the only way that you can modify this agreement is in writing after the fact signed by both parties so anything that came before youtube made a video about it uh ridley scott says hey do it this way none of that modifies this agreement only an agreement signed by the parties after the signing of this could modify this agreement 14 this release can be executed in counterparts by original or sent by facsimile or transmitted by electronic format this is what allows people to sign things in 2020 electronically so they don't have to be in the same room signing the same piece of paper at the same time or one after the other they can be at their desks in different countries and sign things via email in parts and that's perfectly acceptable and so then here's the details for the contributor they want name are you under 18 address telephone number email date and then signature and stuff of a legal guardian if you're under 18. so i think that's a perfectly normal agreement but you should know what you're giving up you're not going to be getting anything other than the potential that your video is in youtube's life in a day 2020 release so go out have a good time shoot be safe and and enjoy i think that's the point is that we want to see people enjoying or or passionate about their july 25th day life in a day 2020. so that's really cool let me know what you think was there anything in there that that breaks it for you would you not want to contribute because now you know google can use your likeness in all exploitation of the film if it makes them billions of dollars you get nothing other than being in the film that's okay we're gonna go do our contribution and i'll cross my fingers [Music] that's our show let me know what you think in the comments below i'm leonard french your favorite copyright attorney and i want to thank our supporters in the month of july on patreon.com ljfrench and sponsors.com special thanks to bu number one simmons in july thank you very much for your support thank you to the 50 plus supporters nicely done defense joe tyson west delge citizen of the sovereign john steele gavin barnard evie kyle mudrock spirit bear yonder gray michael pierce daniel perez blackleaf benjamin hitoff stephen cute grills in your area strawberry pup tart longreach jones definitely not parental law ugly grill shiloh t gregory conklin josh baker rudolph becherer jr oscar the prophet jay dixon hot grills in your area ammonite and brandon abel and thank you to the july 5 supporters who are scrolling on the screen in front of me i will see you all in the videos that drop i love you all have a good [Music] [Music] you