Image grab rights at New York Vessel

[Byker28i]

This place looked amazing as a new architectural place to visit in New York
https://www.dezeen.com/2019/03/15/vessel-thomas-heatherwick-studio-hudson-yards/

Until you read their terms and conditions

If you simply appear in a photo taken at the Vessel staircase-to-nowhere thing at Hudson Yards, they have the right to use your name, likeness, voice, and all other aspects of your person for any commercial purpose they wish, forever

https://www.hudsonyardsnewyork.com/discover/vessel/terms-conditions

If I appear in, create, upload, post, or send any photographs, audio recordings, or video footage depicting or relating to the Vessel, I grant to Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use my name, likeness, voice, and all other aspects of my persona for the purpose of operating, developing, providing, promoting, advertising, and improving the Vessel or any other products or services provided by Company or its sublicensees

If I create, upload, post or send any photographs, audio recordings, or video footage depicting or relating to the Vessel, I grant to Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media


WOW!

 

[Sky]

That is positively scary - God bless America.

 

[ancient_mariner]

This place looked amazing as a new architectural place to visit in New York
https://www.dezeen.com/2019/03/15/vessel-thomas-heatherwick-studio-hudson-yards/

Until you read their terms and conditions

If you simply appear in a photo taken at the Vessel staircase-to-nowhere thing at Hudson Yards, they have the right to use your name, likeness, voice, and all other aspects of your person for any commercial purpose they wish, forever

https://www.hudsonyardsnewyork.com/discover/vessel/terms-conditions

If I appear in, create, upload, post, or send any photographs, audio recordings, or video footage depicting or relating to the Vessel, I grant to Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use my name, likeness, voice, and all other aspects of my persona for the purpose of operating, developing, providing, promoting, advertising, and improving the Vessel or any other products or services provided by Company or its sublicensees

If I create, upload, post or send any photographs, audio recordings, or video footage depicting or relating to the Vessel, I grant to Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media


WOW!

That needs someone with deep pockets and a small army of lawyers to take on over privacy rights.

 

[munch]

I wonder how far all the Terms & Conditions could be enforced?

 

[ancient_mariner]

I wonder how far all the Terms & Conditions could be enforced?

The way it's set up, someone would have to mount a legal challenge to counter the rights grab. In a british court I doubt there would be a problem but in the land of the free(loader) who knows?

 

[jamesev]

Surely the only way to enforce it is for it to define itself as a private space. If its a public space then they can't over ride general law?

 

[simonbarker]

Seems unlikely that would fly but how many people would fight it? The process of doing so sounds like part of the punishment.

 

[Tori_T]

It's not so much a rights grab as a universal model release.
USian photos are useless comercially without one, so their toggers will use this to guarantee all material is marketable.
You don't have to hand over your SD card on exit, but they can scrape your Farcebook photos if they choose, and you can't use personal photos commercially.

I see large photographic equipment is on the prohibited items list, so presumably no dSLRs or telephotos.

It only affects people who enter the thing though. A mate with a D4 and a big lens on some other vantage point can snap you from there and they can't touch those pics.

 

[sk66]

It seems they have rewritten the T&Cs due to the public outcry... seems a bit more reasonable now.

There is no such thing as public space where you have automatic/unrestricted rights of photography... everything is owned/controlled by someone, and they can limit/restrict what you do when on that property. The problem arises when there is an area that is public space (outdoors and open to the public) with restrictions/terms that are atypical... I know there are quite a few examples of places like that in the UK/EU.

It only affects people who enter the thing though. A mate with a D4 and a big lens on some other vantage point can snap you from there and they can't touch those pics.

The new terms (8) state anything "depicting or relating to the Vessel," but you would have to be on their property to be subject to the agreement (not only inside). I guess you would need encoded (and very accurate) GPS data to prove you were not subject to the agreement...

 

[Tori_T]

LEGAL RIGHTS OF EACH GUEST THAT PURCHASES A TICKET TO OR ENTERS THE VESSEL EXPERIENCE AT HUDSON YARDS (THE “VESSEL”)
In consideration for being permitted to enter the Vessel, an interactive staircase and art installation located at Hudson Yards, provided and/or operated by ERY Vessel LLC (“Company”), I, on behalf of myself and my participating minor child/children, if any, agree to the following:

From that it looks like you do have to be (or at least have been) inside for the agreement to apply. If media is obviously taken from a vantage outside their control by a third party, case closed.