
Eventbrite UA claims right to film, distribute users events - empressplay
https://www.eventbrite.com/support/articles/en_US/Troubleshooting/eventbrite-merchant-agreement?lg=en_US#8
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krautsourced
This is my favourite line: "You are responsible for obtaining, at your own
cost, all third party permissions, clearances, and licenses necessary to
secure Eventbrite the permissions and rights described above, and you
represent that you have done so."

Licensed some background music for your event for that specific use? Think
again, from now on you have to license everything for worldwide, unlimited
use, just in case Eventbrite wants to maybe make a buck off of it.

~~~
skookumchuck
Nobody would use Eventbrite with such a clause, as it makes you liable for
unforeseen costs. If the third party rights holder gets wind of this, they can
charge you whatever they want as you are forced to pay.

The obnoxiousness and absurdity of this clause is simply stunning.

~~~
rhizome
_Nobody would use Eventbrite with such a clause, as it makes you liable for
unforeseen costs._

Yet here we are!

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imauld
> You, on behalf of yourself and the Subjects, agree that Eventbrite, its
> successors and assigns will own all rights of every nature whatsoever in and
> to all films and photographs taken and recordings made hereunder (the
> "Recordings"), including without limitation of all copyrights therein and
> renewals and extensions thereof, and the exclusive right to use and exploit
> the Recordings in any manner, in any medium or context now known or
> hereafter developed, including the right to freely edit the Recordings for
> use or create new works from the Recordings

I take this to mean that Eventbrite owns the rights to whatever they record
forever and ever, somehow including copyrights. So if I wanted to sell tickets
to an event and once the event was completed sell a recording of the event,
could Eventbrite sue me? It states they have the "exclusive right to use and
exploit the Recordings in any manner" (including use in media not yet
invented).

Am I interpreting this correctly?

~~~
krautsourced
No, "hereunder" is the magic word here (as I see it). It should only apply to
those recordings done by Eventbrite themselves under these terms, not yours.
Still, good luck having an artist sign that some third party (Eventbrite) may
potentially record them without recompense.

~~~
infectoid
So if it's a ticketed event (i.e. you can't enter without a ticket), would
eventbrite need to buy a ticket to access the event to record it?

~~~
krautsourced
As I understand it, no.

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gnud
This seems completely batshit insane.

For example, even if you wanted to, you can't wave a magic wand and give
Eventbrite a perpetual license to play a recording of music that you licensed
for your event.

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ada1981
These chumps sell tickets...and they want to own all rights to any event that
sells tickets through the app? LOL.

“You are responsible for obtaining, at your own cost, all third party
permissions, clearances, and licenses necessary to secure Eventbrite the
permissions and rights described above, and you represent that you have done
so.”

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blatherard
The filming clause has now been removed.
[https://twitter.com/eventbrite/status/988175772031447040](https://twitter.com/eventbrite/status/988175772031447040)

~~~
andrei_says_
Why would I ever trust a business which thought that adding this outrageous
language to their TOS is even remotely OK?

For all I know they were exploring how far they can push and will always
continue so.

~~~
JumpCrisscross
I’m going to e-mail them. I hope a decent fraction of this reading this do so,
too. Communication is a key part of accountability.

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ereyes01
I'm neither a lawyer nor a lawmaker, so I'm sure there's a bunch of nuance
that makes this difficult to pull of in practice, but please...

We need an enforceable law that penalizes and discourages absurdly
overreaching legal agreements that doesn't require lawsuits between the
participants that take years and lots of money to resolve.

~~~
valuearb
The law of the market says Eventbrite is going to get killed over this.

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lopmotr
Looks like they've removed that section.

21 April has 8 sections but now it's only 7.
[https://web.archive.org/web/20180421071949/https://www.event...](https://web.archive.org/web/20180421071949/https://www.eventbrite.com/support/articles/en_US/Troubleshooting/eventbrite-
merchant-agreement?lg=en_US)

but in such a rush they didn't update the introduction which still mentions
filming and recording.

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empressplay
Twitter discussion
[https://twitter.com/branaby/status/987206339268169728](https://twitter.com/branaby/status/987206339268169728)

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RobertRoberts
"By reading this comment you agree to give me $100."

I think many of us here either have businesses or work for one that has a user
agreement. Do we all do this just to cover our butts?

It seems like such a gray area that you can have "click through agreement" up
to a point. But that point where it fails legally is unknown until tested in
court.

Maybe a general guideline like "all services directly related to our business
arrangement fall under this agreement." Then anything you pay for Eventbrite
to do is available for click-through-contracts, but nothing outside of that?

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dawhizkid
The answer is decentralized event ticketing obviously

~~~
BLanen
Hopefully you're not shoehorning blockchain bullshit into this.

Decentalization could solve stuff in this space by having the actual event-
holder selling the tickets and such.

Adding blockchain to it won't solve any problems that can't be solved
traditionally better and easier.

~~~
craftyguy
I think (or at least hope) gp was being sarcastic. These has been a huge
uptick in folks trying to blockchain all the things.

~~~
dawhizkid
I was being a little sarcastic, though if I had to name a few real world use
cases for blockchain event ticketing would actually make some sense. Everyone
hates Ticketmaster and resellers like Stubhub are rife with scammers. If you
can build a solution using blockchain to reduce ticketing fees to 0 and enable
ability to resell/transfer tickets it _might_ work.

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justinclift
A possible alternative:

[https://eventil.com](https://eventil.com)

Started a while back by some of the guys from (I think, it's been a while) the
Ruby scene. Seems decent.

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jlgaddis
Wow, I believe that I have just read (in this section 7), the longest sentence
I have seen thus far in my life and I would not be surprised if I never read a
longer one.

~~~
dctoedt
This is far from the worst you'd ever see in a contract; see, e.g., the
416-word sentence at [https://weagree.com/drafting-principles/1-general-
drafting-p...](https://weagree.com/drafting-principles/1-general-drafting-
principles/1-1-plain-english-simple-and-clear/a-short-sentences/)

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pm24601
Wow! I want to see them try this at a Google hosted event.

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dabernathy89
We used Tito [1] to put on Longhorn PHP [2], and we were very happy with it!
They're still small enough that they respond very quickly to requests for
changes / fixes as well.

1) [https://ti.to/](https://ti.to/) 2)
[https://www.longhornphp.com/](https://www.longhornphp.com/)

~~~
nefitty
To clarify, Tito is event management software which the parent commenter used
to organize the Longhorn PHP event. I thought this was some random spam before
clicking through the links.

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jonnywhite
Tickettailor.com is a good indie alternative. Easy to use and no ticket fees.

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davidu
Clearly this was not what they intended, and I'm sure it'll get fixed this
week.

~~~
jlgaddis
Yes, _if_ this happens to be noticed by the media, I'm certain we'll see a
press release or interview with the Chief Damage Control^W^WMarketing Officer
in the next couple of days where they explain how this is all just one big
misunderstanding ("no no no, we didn't mean _that_ , we promise!") and they
are working quickly and diligently to clarify and simplify their new Merchant
Agreement and straighten this little issue out.

A few days after that, some other newsworthy event will happen, everyone will
forget about this, and we won't hear another word about it until the first
lawsuit over this Agreement is announced.

I think the only thing that might be missing is an indemnification clause --
although it may very well be in there (I freely admit to not reading the
_entire_ Agreement, just this section 7). That way, when the venue you've
booked for your event -- or one of the participants or attendees -- decides to
sue Eventbrite, they can point out how _YOU_ promised them you had everything
taken care of and so it is _YOU_ , obviously, who is entirely to blame. For
everything. I expect that elsewhere in this Agreement, however, you have
likely given up any right to sue and agreed to have someone of their choosing
handle any "disputes" which may arise.

 _IF_ I, by chance, ever again desire to attend an event where Eventbrite is
the vendor handling ticketing, I will certainly make sure that I read, very
carefully, every word of any agreements they try to get me to click through
during the ordering/checkout process. Considering everything I just read here,
I cannot imagine the things that they will expect an attendee of an event to
agree to.

~~~
krautsourced
You may want to take a look at 9 (b) of their Terms of Service then... you
agree to arbitration or small claims court max. But of course you could have
opted out of that (9 (i)) - if you knew that you had to do it within the first
30 days of using Eventbrite. Too late now.

~~~
jlgaddis
Heh, I edited my comment and added a quick note about that -- apparently right
about the same time you were writing this comment.

