Commentary
Can Fans Be Banned From Posting On Facebook?
- by Wendy Davis , Staff Writer @wendyndavis, August 13, 2009
In many ways, the emergence of YouTube, Flickr and other platforms that allow people to distribute their own content has marked the biggest shift in the media world in decades. One obvious result is that it's far more difficult for event organizers to limit the publication of photos and videos when consumers create content than when a limited number of media organizations did so.
Now some groups are attempting to rein in consumers' ability to create content by establishing limits on photos and videos as a condition of admittance.
Consider, the organizers of Burning Man festival are demanding that that audience waive certain rights, including the right to post photos and other images online. Among other conditions, ticket purchasers must agree to assign the copyright in their photos or videos to Burning Man, the Electronic Frontier Foundation reports. Audience members also must agree to refrain from using Burning Man trademarks online -- which means they can't label photos or videos with the words "Burning Man," the EFF reports.
Burning Man isn't alone in attempting to go dictate these types of terms via ticket sales. The college sports division Southeastern Conference also is attempting to prevent fans from taking photos or "sharing accounts or descriptions" of games, according to The Tuscaloosa News.
It's not clear whether a court would decide such provisions are enforceable. Certainly as a practical matter, policing consumers' Flickr accounts and Facebook pages seems like a futile task. But these types of reactionary policies could still scare a lot of fans off from posting material that they would otherwise be allowed to distribute. These policies also could backfire against event organizers -- who, after all, would otherwise get the kind of free fan-generated publicity that spurs people to buy tickets.
Wendy Davis is a Senior Writer at MediaPost. You can reach Wendy at wdavis@mediapost.com
The biggest shift in the media world in decades is that now every consumer is a potential producer of content...precisely because the technologies have become so easy to use (cell phones snapping and shooting away...with built in still and video cameras...you can even use the new iPhone to capture, edit and upload video right from the phone). And as you mentioned above, via the new social media platforms, people can not only produce content but easily post it and therefore, distribute it to a large (potentially exponentially large) audience.
Trying to stop this trend is futile...you may be able to successfully pass some laws prohibiting the production and sharing of certain content but as you mention above, policing it will be impossible. Look at what's happened to the music industry...the newspaper industry...those models don't work anymore (trying to wall off your content). All you have to do is spend just a little time on YouTube or Mashable to see how impossible it is to stop people from respecting copyright or IP...it's just not part of the new ethos.
Embrace the new paradigm, I say! It's the only way to go. Find new ways of taking advantage of this trend...of using the content produced by those who feel passionate about what you're doing...embrace the members of the tribe who are out there promoting you for FREE. These are the very same activities that so many organizations PAY a PR company for!! WHAT!!??
The world is changing and resistance is futile. Limiting the people won't help you at all. Policing should be saved for "professional" quality video reports. Let the fans help your event by making it a phenomenon. That helps business. Broadcasting adds to the event. Let the fans chatter and reap the rewards. Don't close the gates to opportunity.
Burning Man isn't trying to prevent people from posting on Facebook, or using "Burning Man" in tags, etc.
Response to the EFF directly from Burning Man:
http://blog.burningman.com/?p=4599
Excerpts:
"And indeed, Burning Man is compelled (indeed, mandated, really) to enforce its own trademarks (”Burning Man” “Black Rock City” and “Decompression”) from commercial exploitation as well - but we’ve never indicated any desire to interfere with tagging images with “Burning Man” on sharing sites or talking about it online — nor indeed, to censor anyone from engaging in criticism or negative commentary about the event on personal, editorial, or third-party sites, as the EFF seems to infer."
and:
"We’re also not at all interested preventing participants from sharing their personal imagery or impressions of the event on third party sharing sites in a noncommercial manner, so long as they observe the concerns about privacy and commercialism. We’re delighted to see people sharing videos, stories, and pictures on our official Facebook page, and we know that it, along with Flickr, YouTube, Vimeo, etc. are representative of the way many of us share personal imagery in the digital age."
Not to be harshing your Outrage or anything.
Was any research done into this?
I can't find any articles, not even EFF that's claiming burning man won't allow facebook posting, or posting of images online.
well... except this article.
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