USRowing assumes ownership of all rowers NIL as condition of membership

[crewu]

A condition of renewing club membership with USRowing in 2025.

MEDIA RIGHTS/LIKENESS: Except as limited by the United States Olympic and Paralympic Committee ("USOPC") Policyincluding but not limited to the use of athlete-featuring images for commercial purposes or any third party as those terms are defined in the USOPC NGB Athlete Agreement Policy, you hereby grant to USRowing a perpetual and royalty-free license throughout the world to utilize your and your members' likeness, image, voice, logo and/or words incidental to any pictures, television, radio, videotapes, recordings, film, the internet, or any other form or medium now known or hereinafter devised (collectively, the "NIL"), to the extent created or captured during the Term, without compensation, payment royalties, notification or permission for the non-commercial purpose of promoting the sport of rowing, and to otherwise further USRowing's mission. You further waive the right to inspect and/or examine all representations of the NIL, and waive any and all rights and claims, including future rights and claims to such representations and any interest therein.

As a condition of membership, the clubs are signing away NIL rights of their members (even minors) to USRowing to use as it pleases. Is this normal for NGBs?

And since we are all USRowing members, does this mean we are all allowed to use any rower's NIL as we please?

[fullmetal]

That's not what the word "ownership" means. The language is "perpetual and royalty-free license" which is very much not "ownership."

And this only applies to USRowing's usage "for the non-commercial purpose of promoting the sport of rowing, and to otherwise further USRowing's mission."

So basically USRowing is allowed to take photos/videos of you (presumably at regattas) and use them on print, social media, etc. for the above stated purposes. Also, was this not in last year's agreement too?

This is pretty standard boilerplate.

[lt.wolf]

Indeed, that is the customary practice for most regattas and similar events.

Red Bull holds exclusive rights for those participating in their organized competitions.

[crewu]

A license is something you own.

If iwas limited to just USRowing owned events that would be one thing. But this is any photo, video filmed anywhere, radio interview etc.

How is it a club director can sign away their memberships rights like this?

To me this has potentially big ramifications. But it would take USRowing making a real effort to commercialize the sport....so maybe not a big deal.

[rowing]

The hits keep coming.

[lt.wolf]

You guys are reaching

[boston_1x]

Yeah... as a race director I've got something in the entry that says we have permission to use pictures taken at the race for social media, etc...
This has a heavy dose of lawyering, if you just had it in the race entry, no one would notice or care.

[crewu]

Yeah... as a race director I've got something in the entry that says we have permission to use pictures taken at the race for social media, etc...
This has a heavy dose of lawyering, if you just had it in the race entry, no one would notice or care.

which I think a reasonable person would say is totally acceptable because how could you possibly use any photo taken on race day for any purpose otherwise.

My question is twofold: 1.) is it reasonable that USRowing can claim a license into perpetuity of any photo, video, or audio of a USRowing member taken literally by anyone anywhere in the US and at anytime? This means it has perpetual rights to use any person's publicly available instagram, tik tok media in any way it wants - forever.

2.) How are club directors even in a position to grant such a license to NIL for their members? This should be something only individual members (or their parents in the case of minors) should be in a position to grant - and they likely do when they sign the basic individual USRowing membership waiver. But that is a completely separate document. Why include this wording as a requirement for organizational membership?

[Almostflipped]

Except as limited by the United States Olympic and Paralympic Committee ("USOPC") Policyincluding but not limited to the use of athlete-featuring images for commercial purposes or any third party as those terms are defined in the USOPC NGB Athlete Agreement Policy

What are the specific limitations stated in this portion? Do they cover your concerns of using the picture of me eating an ice cream cone at the circus from my instagram? Otherwise it looks like every other license I've seen on a website or organization about pictures. I'm not a lawyer, but this looks standard and like you just want to nitpick due to a personal grudge. Don't get me wrong, I remember walking past the ads in Prague that were made by stealing pictures from peoples social media in other countries, so I know that this stuff happens. However I'm having a hard time seeing USRowing stalking a random persons social media to create a rowing ad.

[fullmetal]

This means it has perpetual rights to use any person's publicly available instagram, tik tok media in any way it wants - forever.

The part that says "for the non-commercial purpose of promoting the sport of rowing, and to otherwise further USRowing's mission" seems to directly address your concern. You do understand how not having this clause could essentially prevent USRowing from ever promoting the sport of rowing to ordinary people.

I would expect that the individual membership agreement has the same clause, so it is interesting that the organizational membership provides this redundancy. It still seems reasonable to me.

[crewu]

Except as limited by the United States Olympic and Paralympic Committee ("USOPC") Policyincluding but not limited to the use of athlete-featuring images for commercial purposes or any third party as those terms are defined in the USOPC NGB Athlete Agreement Policy

What are the specific limitations stated in this portion? Do they cover your concerns of using the picture of me eating an ice cream cone at the circus from my instagram? Otherwise it looks like every other license I've seen on a website or organization about pictures. I'm not a lawyer, but this looks standard and like you just want to nitpick due to a personal grudge. Don't get me wrong, I remember walking past the ads in Prague that were made by stealing pictures from peoples social media in other countries, so I know that this stuff happens. However I'm having a hard time seeing USRowing stalking a random persons social media to create a rowing ad.

No grudge here. I have pointed to many things that USRowing has got right recently. And there have been many. And I am not bashing on the org now. But is it nit picking to ask questions? You ignored my concern that club directors do not have any authority to sign away their members' NIL rights. Should I call that a nit picking response? Why include that requirement from directors? USRowing is charging individuals for membership. Let the individuals sign off on this release.

There's a not so small thing called 'consent' and the right to privacy at issue here. You alone should be the one to give that away.

[Almostflipped]

You ignored my concern that club directors do not have any authority to sign away their members' NIL rights

I’ll concede I didn’t address that and have been thinking about it a bit since. Are they truly giving away the individuals license though, or are they saying they give permission for USRowing to use pictures of members in club gear and not just club name/logo devoid of individuals? I am curious to that point of law and it may address the concern.

[sandor]

A license is something you own.

a license is granted permission, not ownership.

USRowing seems to be saying that you are granting them perpetual royalty-free use.
The first line also cites the USOC policy: https://assets.contentstack.io/v3/asset ... -14-17.pdf
Which i think limits USRowing to the limitations of the USOC policy.

There doesn't seem to be any language limiting one's ability to otherwise commercially license their NIL.


USOC:

c. General Media Release
Athletes may be required, whether generally or in connection with participation in membership, events,
teams or programs, to execute a media release in favor of the NGB. This form of release should set out
simple terms and should apply without amendment or alteration to all applicable athletes.

This General Media Release may pertain to an athlete’s name, image, and likeness, and contemplate
any and all technology and platforms for usage over a specific period of time.

The General Media Release must not cover Athlete-Featuring images for Commercial Use by the NGB
or any third party.

The General Media Release may cover Team-Featuring images and footage for use by the NGB and its
Commercial Partners in promoting the NGB, its sport, and the Commercial Partner and/or its relationship
with the NGB.

It may cover event images and footage, whether depicting NGB athletes singly or in groups, and whether
Athlete-Featuring or Team-Featuring, for the NGB’s own Non-Commercial Use.

Always consistent with the terms of the General Media Release, the NGB may require athletes to
participate in media events in connection with a specific competition/event (e.g., World Championships)
as an official team function. Further, NGBs may wish to ask athletes to participate in additional media
opportunities and events (though on a limited basis – general practice has been not more than twice per
year). Although athletes are strongly encouraged to participate in these opportunities to help promote
their sport, NGBs must respect the athlete’s privacy, time constraints, and training and competitive
schedule. NGBs should provide reasonable reimbursement for any associated expenses incurred by the
athlete in attending such events.

[scullerjonny]

A license is something you own.

If iwas limited to just USRowing owned events that would be one thing. But this is any photo, video filmed anywhere, radio interview etc.

How is it a club director can sign away their memberships rights like this?

To me this has potentially big ramifications. But it would take USRowing making a real effort to commercialize the sport....so maybe not a big deal.

Chiming in late from someone who actually knows what he is talking about (this is what i do for work), but yea, you can "own a license" but does not mean you own the rights to all their NIL. But you also can "own a lease" to an apartment whihch doesn't do all that much for you in terms of controlling the underlying asset. Owning a license and owning the rights underlying the license are very different. The NIL license here is poorly formulated and should be just in connection with the limited participation in the regatta and photos thereof for US Rowing (i.e social media, marketing for US Rowing etc). And, ownership of rights and ownership of a license are not at all close to the same. For example, a license is something that can be rejected in bankruptcy, title (ownership) is a different matter all together. A license is like a lease of a home. Ownership is your name on the warranty deed....

But, if somoene not from US Rowing took a photo of you rowing outside a US Rowing event and US Rowing then said this contract lets them use that, enter US Copyright law saying no way....

Also, the policy does not apply to use of images for "commercial purposes" or for any "third party". So if Wheeties needs a new athlete on the box, USRowing cannot just let them use a photo of crewu... If US Rowing owned the NIL rights as you seem to think they do, that restriction would not exist....

That said, its "during the term" which is a bit overbroad, but the basic nature of copyright law in that the person snapping the photo owns it means US Rowing would need to get permission from another photographer to use outside of USRowing events created NIL materials.

Anyways, long story short is that the terms are poorly worded, but more or less its limited to you going to a US Rowing event and one of their photographers snapping a photo of you which in reality, ROW2k has snapped lots of photos of you and posted on their website and NIL doesn't preclude that because you know, that whole 1st amendment thing....

Enjoy....

[sandor]

appreciate your input, scullerjonny.