All-Star Varsity's New Video Policy

[FierceIsTheName]

I need some clarification, they're stating that non-commercial recording (so me recording a team) and posting it online without any revenue opportunities, is okay, correct?

 

[UCFKnights07]

the more i think about it the more i think varsity is in over its head. Does varsity not realize that youtube videos can be monetized and people can make money off it that way. Granted there are other video platforms but youtube is the most used.
Either way varsity isnt going to be making more money from doing this, they might break a few people into buying the stream.
But they know they cant realistically take a 16 year old to court for videoing a stream, so they are coming up with a scapegoat and blaming the competitors who have nothing to do with it.
all it'll take is one team getting in trouble for something so irrelevantly stupid, before gyms and coaching staff lose their sh*t.

 

[RandomCheerMom]

This is just another richard move for varSHITY to try to own you.

 

[catlady]

Don't worried.... they 'clarified' their language just now on Twitter:



Do ya'll see any clarification? I don't.

EDIT: just spoke with someone from Varsity. They are working on more specific answers to questions that the community has. Please hold tight for now!

Thank you for getting clarification!

 

[RandomCheerMom]

No personal live streaming, but you can still record for personal use.

Red China.

 

[MissCongeniality]

Don't worried.... they 'clarified' their language just now on Twitter:



Do ya'll see any clarification? I don't.

EDIT: just spoke with someone from Varsity. They are working on more specific answers to questions that the community has. Please hold tight for now!

aka They are talking with their lawyers (which is what they should have done in the first place ;) )

Also the sentence about personal recording/livestreaming (in the original Varsity "rule") reads: In addition, the personal non-commercial use of live streaming apps (such as Periscope, Facebook Live, etc.) to capture all or any part of a performance during the event is not permitted.

It comes after the disqualification part so technically... they can't dq you for doing it for personal reasons. Oh don't worry... as written here they can't dq regardless, there are enough holes in this thing for an undergrad "thinking" about law school to render this worthless. Not sure what those corporate attorneys are charging hourly in Nashville but worth it when you are a multi-million?/billion dollar company treading close to freedom of speech violations and the like.

 

[RandomCheerMom]

aka They are talking with their lawyers (which is what they should have done in the first place ;) )

Lame

 

[Keep_Believing]

and wow that whole 'we're protecting athletes' excuse for this rule at the end. slap in the face from VAS.

They are just like the TSA with their protection lol

Just like stay to play is suppose to protect and help us! Ugh!

 

[catlady]

Sorry this is long, but this is from a law blog. Live streaming is just a different beast.

Legal Ins and Outs of Live Streaming in Public

Key Legal Concerns With Live streaming:

Copyrighted Content – Meerkat and Periscope, as well as Blab and Google Hangouts, have Terms of Service that prohibit users from violating the copyright of others. This is part of the Safe Haven provisions of the
DMCA and is more for their protection than yours. If you, as a user, violate the copyright of someone then it’s on you, not them. This means, of course, that using copyrighted music in the background would be a violation of the TOS, in addition to any copyright.But there are other copyright issues that many don’t think about, such as the copyright of artwork, performances, written materials, and architectural works. Incorporating a copyright work into your live stream exposes you to liability you may not have intended. Ever wonder why on some TV shows the artwork on the walls is pixellated? It’s because it’s a copyrighted work and they didn’t get permission. That’s easy to do when you have the ability to edit. However, with live streaming there is no ability to edit and if you infringe someone’s copyright there can be consequences you didn’t anticipate.

Commercial or Private Use – if your live streaming project is for commercial use there are a host of legal concerns. Not only are there copyright, trademark, and trade secret issues to be aware of, but you’ll need to know about privacy laws, publicity rights, loitering or trespassing, and location releases.If you’ve ever been out and have seen a movie, video, or ad being filmed or shot you likely recall there being an area that was cordoned off. They do that for a number of reasons, one of which is to make sure there are no random people in the background. It’s why when extras are needed for crowd scenes or background they hire people. Because when you hire people you can get them to sign away their rights to sue you.When it comes to trademarks and live streaming for commercial use, you really do need to learn how to stay on the right side of the law. The basic rule is that unless you own the trademark, it should not be visible in your live stream. Of course, there are exceptions, but for the most part if you’re live streaming for commercial use avoid any third-party trademarks.

Location Concerns – regardless of whether you’re live streaming for personal or commercial use, you have to make sure you have the right to be where you’re filming. If you’re on your own property, that makes it simple.However, if you’re in public or on private property there are legal concerns to manage. On public property, you’re likely safe to use the property. That’s not to say you have an absolute right. For example, the street may be public property but you can’t obstruct traffic, the courthouse is public property but there are limitations on what you can do, and your child’s public school may be public but they also have the right to limit your actions for the safety and security of others.For commercial live streaming many cities require a permit, so think about your use. If you’re an influencer and your live streaming is sponsored you may have crossed into commercial use and could be subject to those additional requirements.Trespassing and loitering may seem like petty offenses. In today’s world, though, you’ll want to be aware of these things. If you need to get permission, it’s always best to get permission in writing. Keep in mind, though, that permission to physically be on the property is not the same a release of rights to use the property in your live stream.

Privacy and Right of Publicity – This ties in with Commercial vs. Private use as well as Location concerns. Privacy is the right to control information about you, regardless of how it’s shared. The Right of Publicity is the right to protect your name and likeness from being exploited for commercial gain. Sometimes these rights overlap, and other times one exists while the other does not. You may not have privacy rights when you shop at your favorite store, but they don’t have the right to use your name or likeness for commercial gain. Privacy and Rights of Publicity are state law matters, which adds to the confusion because some states are more lenient than others. If you are broadcasting your live stream from a public space, and are doing so for commercial purposes, you may find yourself in legal hot water if you do not obtain consent from people who are captured during your broadcast.This is a very broad definition of commercial, too. Don’t just think of big brands. Commercial purpose would include influencers who are being paid to live stream; social media professionals who are live streaming to sell their goods or services; musicians/artists/authors broadcasting in an effort to sell their goods or services; and a host of other situations. If you’re live streaming solely for personal use, your main concern will be the privacy rights of others. Whether you’re in a public or private setting, there are a variety of privacy rights you need to be aware of. It makes sense not to live stream in the public bathroom, but given the number of people taking photos (which I’m going to assume are selfies, because otherwise I’ll freak out) in public bathrooms I’m not so sure everyone understands the privacy rights of a public bathroom. If you’re at a public event like a music festival, state fair, or marathon evaluate your surroundings so you’re not right in front of the port-a-potties. They may be in “the public” but there is an expectation of privacy. And that’s the magic phrase – “expectation of privacy”. If the average person would have an expectation of privacy, even if they are in public, then live streaming in that area should be off-limits.

Disclosure – For corporate brands on their own channel, it’s pretty obvious most of the time since the brand isn’t a person. It’s more like an infomercial. But just like an infomercial, there are FTC laws related to truth in advertising that need to be considered. If a celebrity, influencer, brand ambassador, or the like is “taking over” the brand’s live stream viewers needs to be aware that the person is a paid endorser. Same thing for influencers. If you’re doing a sponsored live stream, disclosure needs to be made. Exactly how is not explicitly known. Like much of social media, the logistics of FTC disclosure is a bit hit and miss. Ultimately, though, you’re responsible for making sure viewers know that what they’re watching is some type of paid content. Whether you call it sponsored, advertorial, native advertising, marketing, or plain ol’ advertising it should be very clear to the audience that the content is there because of a business relationship.

While live streaming is new, shooting video is not. Many of the same legal concerns related to making a commercial video relate to live streaming. In addition to the above, if your product or services is one that is regulated you’ll want to consider those as well. For example, the FDA has requirements and limitations regarding claims for food, drugs, and supplements. Various government agencies monitor claims related to the medical, legal, and financial professions. And finally, don’t forget safety. When live streaming in public you may be moving around so be careful. And, of course never live stream while driving.

I hope this shed light on some of the legal concerns you should consider when live streaming, especially for business. Live streaming can be a very engaging way to market and sell your products, services, or business. But just like other aspects of running a business, you need to consider the legal issue before starting your live stream.

 

[MissCongeniality]

Sorry this is long, but this is from a law blog. Live streaming is just a different beast.

Legal Ins and Outs of Live Streaming in Public

Key Legal Concerns With Live streaming:

Copyrighted Content – Meerkat and Periscope, as well as Blab and Google Hangouts, have Terms of Service that prohibit users from violating the copyright of others. This is part of the Safe Haven provisions of the
DMCA and is more for their protection than yours. If you, as a user, violate the copyright of someone then it’s on you, not them. This means, of course, that using copyrighted music in the background would be a violation of the TOS, in addition to any copyright.But there are other copyright issues that many don’t think about, such as the copyright of artwork, performances, written materials, and architectural works. Incorporating a copyright work into your live stream exposes you to liability you may not have intended. Ever wonder why on some TV shows the artwork on the walls is pixellated? It’s because it’s a copyrighted work and they didn’t get permission. That’s easy to do when you have the ability to edit. However, with live streaming there is no ability to edit and if you infringe someone’s copyright there can be consequences you didn’t anticipate.

Commercial or Private Use – if your live streaming project is for commercial use there are a host of legal concerns. Not only are there copyright, trademark, and trade secret issues to be aware of, but you’ll need to know about privacy laws, publicity rights, loitering or trespassing, and location releases.If you’ve ever been out and have seen a movie, video, or ad being filmed or shot you likely recall there being an area that was cordoned off. They do that for a number of reasons, one of which is to make sure there are no random people in the background. It’s why when extras are needed for crowd scenes or background they hire people. Because when you hire people you can get them to sign away their rights to sue you.When it comes to trademarks and live streaming for commercial use, you really do need to learn how to stay on the right side of the law. The basic rule is that unless you own the trademark, it should not be visible in your live stream. Of course, there are exceptions, but for the most part if you’re live streaming for commercial use avoid any third-party trademarks.

Location Concerns – regardless of whether you’re live streaming for personal or commercial use, you have to make sure you have the right to be where you’re filming. If you’re on your own property, that makes it simple.However, if you’re in public or on private property there are legal concerns to manage. On public property, you’re likely safe to use the property. That’s not to say you have an absolute right. For example, the street may be public property but you can’t obstruct traffic, the courthouse is public property but there are limitations on what you can do, and your child’s public school may be public but they also have the right to limit your actions for the safety and security of others.For commercial live streaming many cities require a permit, so think about your use. If you’re an influencer and your live streaming is sponsored you may have crossed into commercial use and could be subject to those additional requirements.Trespassing and loitering may seem like petty offenses. In today’s world, though, you’ll want to be aware of these things. If you need to get permission, it’s always best to get permission in writing. Keep in mind, though, that permission to physically be on the property is not the same a release of rights to use the property in your live stream.

Privacy and Right of Publicity – This ties in with Commercial vs. Private use as well as Location concerns. Privacy is the right to control information about you, regardless of how it’s shared. The Right of Publicity is the right to protect your name and likeness from being exploited for commercial gain. Sometimes these rights overlap, and other times one exists while the other does not. You may not have privacy rights when you shop at your favorite store, but they don’t have the right to use your name or likeness for commercial gain. Privacy and Rights of Publicity are state law matters, which adds to the confusion because some states are more lenient than others. If you are broadcasting your live stream from a public space, and are doing so for commercial purposes, you may find yourself in legal hot water if you do not obtain consent from people who are captured during your broadcast.This is a very broad definition of commercial, too. Don’t just think of big brands. Commercial purpose would include influencers who are being paid to live stream; social media professionals who are live streaming to sell their goods or services; musicians/artists/authors broadcasting in an effort to sell their goods or services; and a host of other situations. If you’re live streaming solely for personal use, your main concern will be the privacy rights of others. Whether you’re in a public or private setting, there are a variety of privacy rights you need to be aware of. It makes sense not to live stream in the public bathroom, but given the number of people taking photos (which I’m going to assume are selfies, because otherwise I’ll freak out) in public bathrooms I’m not so sure everyone understands the privacy rights of a public bathroom. If you’re at a public event like a music festival, state fair, or marathon evaluate your surroundings so you’re not right in front of the port-a-potties. They may be in “the public” but there is an expectation of privacy. And that’s the magic phrase – “expectation of privacy”. If the average person would have an expectation of privacy, even if they are in public, then live streaming in that area should be off-limits.

Disclosure – For corporate brands on their own channel, it’s pretty obvious most of the time since the brand isn’t a person. It’s more like an infomercial. But just like an infomercial, there are FTC laws related to truth in advertising that need to be considered. If a celebrity, influencer, brand ambassador, or the like is “taking over” the brand’s live stream viewers needs to be aware that the person is a paid endorser. Same thing for influencers. If you’re doing a sponsored live stream, disclosure needs to be made. Exactly how is not explicitly known. Like much of social media, the logistics of FTC disclosure is a bit hit and miss. Ultimately, though, you’re responsible for making sure viewers know that what they’re watching is some type of paid content. Whether you call it sponsored, advertorial, native advertising, marketing, or plain ol’ advertising it should be very clear to the audience that the content is there because of a business relationship.

While live streaming is new, shooting video is not. Many of the same legal concerns related to making a commercial video relate to live streaming. In addition to the above, if your product or services is one that is regulated you’ll want to consider those as well. For example, the FDA has requirements and limitations regarding claims for food, drugs, and supplements. Various government agencies monitor claims related to the medical, legal, and financial professions. And finally, don’t forget safety. When live streaming in public you may be moving around so be careful. And, of course never live stream while driving.

I hope this shed light on some of the legal concerns you should consider when live streaming, especially for business. Live streaming can be a very engaging way to market and sell your products, services, or business. But just like other aspects of running a business, you need to consider the legal issue before starting your live stream.

No, it's not really a different beast. Again what you posted ....it boils down to commercial vs private use (aka are you making money sharing) and public vs private venue. It is really that simple and for most cheer parents it is about the big V trying to dictate whether they can share with Grandma Josephine and Grandpa Ed back home in Peoria who can't afford a flight, 50$ admission and "hate the loud music" at cheer comps. Varsity generally has no right to regulate that usage.

 

[catlady]

No, it's not really a different beast. Again what you posted ....it boils down to commercial vs private use (aka are you making money sharing) and public vs private venue. It is really that simple and for most cheer parents it is about the big V trying to dictate whether they can share with Grandma Josephine and Grandpa Ed back home in Peoria who can't afford a flight, 50$ admission and "hate the loud music" at cheer comps. Varsity generally has no right to regulate that usage.

I'm not a lawyer and I'm not about to tell people what is and what is not legal based on my opinion. With that said, I hope people will read the above legal statement on live streaming that is written by a lawyer. It does not say live streaming boils down to commercial versus private usage as you do, and in fact specifically states many times "whether for commercial or private use...." Here's what I will say with confidence about any corporation, they are going to cover their butt in legal matters. They are going to tell people not to do it, one because they don't want to be pulled into a law suit and two, when Suzie starts whining "but, big 'ol bad corporation didn't tell me I couldn't" they can pull out their policy.
If I can be sued because I didn't have permission to live stream the art work that happened to be on the wall in the background, I call that "a different beast". I'm failing to see what this has to do with Grandma Josephine, Grandpa Ed or their financial status when you are still allowed to video and share it with them.

ETA: I also want to point out the above post written by a lawyer states that many of the laws that apply to live streaming apply to commercial video, as well, which is exactly what Varsity's new policy is dealing with.

 

[AndyT_T]

So does this mean 2by2 is going out of business or?...

 

[ScottyB]

Just like stay to play is suppose to protect and help us! Ugh!

Stay to play is a city/municipality thing, not a cheer only thing. Other major sports and events have the same process, went through it for a work conference thing before. Its for tax and logistics purposes (trash/power/police/city buildings/etc).

 

[UCFKnights07]

So does this mean 2by2 is going out of business or?...

this would be my next question, people like 2by2 or jtv(i think he offers his servies for free though but if he chose to monetize his videos he could make a pretty penny at this point.) will that no longer be a thing???
granted i think 2by2 is on usasf and varsity's good side since he has been able to get so much access over the years, why would they cut him now....

 

[Keep_Believing]

Stay to play is a city/municipality thing, not a cheer only thing. Other major sports and events have the same process, went through it for a work conference thing before. Its for tax and logistics purposes (trash/power/police/city buildings/etc).

From talking to parents of kids in other sports they have not had STP that require 3 nights when only 1 night is needed. They have not had the issues many in Cheer have.