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The New SEC Media (and Ticket) Policy: First Analysis

Now that the new policy is readily available for download (h/t Richard Pittman), I've had a chance to read through the terms.  The new policy is divided into two parts - terms for media credentials and terms for event tickets / non-media credentials.  Because the two sections are pretty stand-alone, I'll walk through them individually.  It's a bit lengthy, but I really couldn't pare this down any further and cover the topic adequately.

Media Policy

Point (1) is the most important point, and probably the biggest change in media policy.  To me, point (4) is the next most interesting.  But keep in mind, all the media points are terms of a contract; it's a this-for-that arrangement where the media guy gets access in exchange for limitations on use of material.  This only applies to people with media credentials.  There is a separate agreement for ticket holders.

  1. Media Creds can only be issued to full-time salaried employees of accredited media institutions.  This will be the biggest sticking point for the media, and it's the first sentence in the terms.  The "full-time" condition is a huge deal for two reasons: it shuts down all possibility of allowing bloggers to be a part of the media (with the exception of people like Spencer Hall, who is considered media via Sporting News); it also shuts out a lot of the smaller media outlets - especially print media from small markets.  I think it's more important to focus on that latter point, and here's why.  As a blogger, I would like a chance to get more involved with the sports programs so I can bring better content to RTT.  However, it's not my livelihood.  At many of the smaller markets, the sports journalist is a part-time guy (or otherwise not "salaried") and removing his beat may endanger his job.  That may be a stretch (and I'll readily admit I'm not familiar with small market media), but that's a far bigger consequence for them than anything I have to worry about.
  2. No audio or video may be transmitted of the event within 72 hours of the even, except for television newscasts.  And those clips must be shorter than 3 minutes.  The 72-hour window will give the game-carrier (ESPN, ABC, or the SEC Digital Network in most cases) exclusivity during the 'hot' time.  This is a concession to the big boys who are paying money so they can be the only ones broadcasting things while everybody's interested.
  3. Highlights cannot be placed online or transmitted through any "new media" medium (e.g. cell phones, PDAs, etc.).  For the moment, remember that this is talking about media personnel; we'll get to ticketed people in a bit.  There is an interesting ambiguity here in that there is no time limit explicitly connected with this, yet it's in the same paragraph as the preceding point.  So, can GVX post highlights after the 72-hour window?  Probably not.  Even more interesting is this scenario:  suppose ESPN is covering a Vols game.  They'll naturally be on hand to record post game interviews, which are a part of the "Event".  Is GVX now prohibited from posting their audio of the interview on their website?  Even after 72 hours?  There is room for interpretation here, and the SEC will have to figure it out.
  4. No "real time" updates of any form.  This will presumably include Twitter in the eyes of the SEC.  Interesting note:  "... the determination of whether a blog is a real-time description or transmission shall be made by the SEC in its sole discretion."  In its most draconian form, this could be read to say that live game threads are taboo.  However, this is a restriction placed on the "Bearer" of a media credential.  We don't have media credentials and are therefore not subject to the terms of this contract.  I'm very interested to find out their intent on this point.
  5. Media Credentialed personnel may take pictures to use in their stories.  Still photographs don't interfere with video coverage, however,
  6. Media cannot sell the pictures they take.  This is really interesting for image services like Getty, who often buy pictures from local media rather than hire somebody to cover each and every event in the country.  Add to it that only full-time salaried employees can get media creds in the first place, and all of a sudden outlets like Getty won't have a source for photos.
  7. Radio stations cannot use live commentary in game updates without prior permission.  This really isn't a big deal, but while a game is in progress, the little sound-bite updates can only be given if the SEC allows.

Ticket Holders and Non-Media Credentials

This will hit closer to home for most.  Again, keep in mind it's a contract, and these are the restrictions that the SEC demands in exchange for allowing you to 'license' a seat for the event.  That, and paying for the ticket, of course.

Star-divide

  1. No use of photos, video, audio, etc. that is copyrighted.  I emphasize the 'copyrighted' bit because there's more to follow.  But basically, any transmission of information that belongs to somebody else can't be used by a ticket holder.  Honestly, that's pretty standard stuff, so pay more attention to the next point, which I will quote directly because it's the most important one to know.
  2. "No Bearer may produce or disseminate (or aid in producing or disseminating) any material or information about the Event, including, but not limited to, any account, description, picture, audio, reproduction, or other information concerning the Event, other than in speech that cannot be restricted under the First Amendment, in any form."  You read that right:  no picture-taking.  No cell pics, no cell videos.  No Twittering.  No calling your best friend and explaining what just happened.  That's the letter of the law in this term of the contract (always remember; this is a contract).  How far will the SEC pursue this?  I have no idea, but the language is in place to give them as much freedom as they want.  However, its interpretation is made shaky by this term later on (and I again quote):
  3. "Bearer may not bring alcoholic beverages, bottles, cans or containers, laser pointers, irritants (e.g. artificial noisemakers), video cameras, strobe-lights, or any type of weapon (or anything which the SEC or its member institution may deem a weapon) onto the premises of the Event.  Note that cameras are not excluded.  So while there is language prohibiting photography, there is not language prohibiting cameras.  Also, I would like to point out that the Mississippi State cowbells are technically banned under this policy (even though I think it's a cool tradition).  So if the SEC lets MSU fans use cowbells, they don't really have any room to prohibit the carrying of cameras, which aren't included in the policy.  Oh, and smoking may be banned at events, too.  But you knew that.  (Side note:  in a conversation we had offline, Joel suggested that could be an oversight, so we'll see how it goes.)

There are more terms in both sections, but those are the specifics that I think you'll find most interesting.  The changes in the policy seem to be twofold.  First, the changes in media policy give SEC partners like the SEC Digital Network and ESPN a very high degree of exclusivity.  Those outlets are forking cash over to the SEC, and the SEC is figuratively giving them a media monopoly on the event.  Those being squeezed out are anybody else who would cover the event in a media fashion, which initially screams "bloggers" but will ultimately hurt small market media far more than it would ever hurt a blog.  We here at RTT are bulletproof from this because we don't make a living off of our blog.  (And if we did, we'd be homeless.)  Not all are so lucky.

The second policy effect is to modernize the restriction language for newer technology.  The old policy wasn't built to handle things like cell phone videos and Twitter because nobody could accurately foresee them.  Now, at least there's some leverage in place if the SEC really wanted to do something about it.  But for all the strictness of the language, it's going to be very difficult for the SEC to maintain this policy as written.  For one, they won't have the resources to deal with the tens of thousands of people who, at every football game, take pictures.  For two, there are technicalities in copyright law that can limit these restrictions.  But that's another topic.

And always remember: if you don't sign a contract (in this case, buy a ticket), you aren't beholden to the terms of the contract.  Standard laws apply, natch, but this policy can in no way threaten our live game threads, even with the blog-specific language.  If we don't have media credentials to a game, we're not liable to these terms.  (And even if we did, this cannot prevent us from writing about the game based on information we get outside of the venue, such as from newspaper articles.)

BONUS, if you're still with us.

I alluded to an offline conversation between Joel and me earlier.  He made some very fantastic points that I think should be shared, so here they are.

Regarding the restrictions in general:

Premise No. 1: everyone is subject to the laws regarding trademark, copyright, etc. But the thing that's bizarre about the credential quid pro quo is that I think it can be interpreted to be imposing restrictions on the credentialed media above and beyond what they can do under just the law. If true, they are giving up some legal rights for their access, and if that's the case, it dis-incentivizes credentialing. Take yesterday [Saturday], for instance, @wesrucker is credentialed, so he has to stop tweeting the play by play. Others at practice have nothing to lose, so they tweet away and gain an advantage in the new media world. The ticket restrictions attempt to impose this as well, but it will be completely unenforceable, and there's no way it can extend to television viewers as there is no privity of contract. The viewers haven't agreed to anything. They're still subject to the law, but nothing above that.

Regarding the restrictions on Ticket holders (especially point (2) above):

On that most-overbroad provision relating to game-goers: I have this image of everyone in the stands with duct tape over their mouths b/c they can't talk about what they're watching even to each other. It's ludicrous. They've essentially said, "We don't know exactly what the First Amendment will prohibit us from prohibiting, but we're taking as much as it does." It essentially puts the burden of knowing on the user, and the chilling effect could be extraordinary.

Regarding the punishments if they catch somebody breaking these terms:

The remedy: Remedial provisions usually start with the general and then use the most extreme to sort of cap the intent, and in a couple of places, it says that a violation will result in whatever they can do legally "up to and including revocation of the [credential/ticket/license, etc.]" When contractual disputes end up in court, the general rule is that any ambiguity will be resolved against against the drafter and in favor of the other party. So I'm guessing that the only thing you really stand to lose for violating these new rules (forgetting for the moment violations of law) is to lose your credential or your ticket. That, I think, like the credentialing mentioned above, has the effect of discouraging people like us from buying tickets. Reading the thing as broadly as they have drafted it, it appears to me that they're trying to prohibit folks who went to the game from telling others about it, as ludicrous as that sounds. So, technically, the choice is go to the game and don't write about it or watch on TV and live-blog and do post-game recaps and post-game awards and drive charts and on and on and on. To the extent that they attempt to impose more restrictions on gaining access or going to games than on not doing those things, they're essentially telling you to stay home because that's a better deal.

(emphasis mine, except for the italics, which are Joel's)

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No way they enforce the no picture taking

Not going to happen.

First time I shot her, I shot her in the side.
Hard to watch her suffer, but with the second shot she died...

by btcoop71 on Aug 10, 2009 8:07 AM EDT reply actions   0 recs

Likely it’s less about fans taking pictures on their point-and-shoot cameras from the stands to share with their family and buddies, and more about people who bring really nice cameras with the intention to sell photos they take. The SEC would like a cut of whatever the latter makes. It’s all about the money.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Aug 10, 2009 9:27 AM EDT up reply actions   0 recs

Oh I agree

It is all about $$$.

First time I shot her, I shot her in the side.
Hard to watch her suffer, but with the second shot she died...

by btcoop71 on Aug 10, 2009 9:33 AM EDT up reply actions   0 recs

The twitter-ing stuff is rediculous. How is it not free speech in its own right?

I can’t tell people what I see? Even if its entirely free to view of TV? This is like some 1984 stuff.

RIP Steve McNair (1973 - 2009) Retire #9!
Member of the Committee to Keep Keith Bulluck.
Eric Berry for Heisman!!

by Pride of the Southland on Aug 10, 2009 11:32 AM EDT reply actions   0 recs

"or anything which the SEC or its member institution may deem a weapon"

Cue the “tickets to the gun show” jokes in 5…4…3…

________________________________
I will give my shirt for Tennessee today.

by Holly Anderson on Aug 10, 2009 12:31 PM EDT reply actions   0 recs

thanks for the analysis Hoop...

it makes much better sense now. parts of it are extremely silly and seem to be in now way enforceable, but I definitely understand it better.

by Home Sweet Home on Aug 10, 2009 1:37 PM EDT reply actions   0 recs

Thanks.

I can’t imagine they’ll try to enforce the letter of the law in this thing; I just think they wanted as much justification as possible to do whatever keeps their media partners happy.

by Hooper on Aug 10, 2009 4:45 PM EDT up reply actions   0 recs

That's an interesting read.

…..As someone who’s had a great deal of fun over the years watching games on TV, and typing out an online play by play, this breakdown reassures me.

……On the other hand, I’ve taken my camera to many Auburn games, and snapped as many shots as I could. Why? To use for blog posts, rather than right-click/save-as on copyrighted material. Looks like I might actually be in violation, just posting a shot of the eagle flight, for instance! Will the SEC start trying to police blogs? Might be an interesting season, if so!

…..The tickets, to this point, only say “no flash photography.” I wonder if they’ll try to squeeze the whole contract onto the ticket, now? A confiscated camera would be no fun, at all!

by Acid Reign on Aug 10, 2009 1:50 PM EDT reply actions   0 recs

There will be an abbreviated description of the policy on the back of the ticket.

The final pages of the pdf have a copy of the language.

I hadn’t quite pieced those pieces together, but you are right that, if the SEC were to try to enforce the camera ban, they’d simply encourage everybody to make even more illegal copies of copyrighted pictures. And given the media restrictions, those copyrighted pictures would belong to their immortal media partners in the first place.

But the SEC, of all places, is not the place to enforce a camera ban. Oh, my.

by Hooper on Aug 10, 2009 4:50 PM EDT up reply actions   0 recs

I doubt it's going to turn out as a camera ban.

I suspect the worst-case scenario here is they go down the route of record companies – attempt to blast a few people and hope that scares everyone away. In reality, I think this is more a blanket-coverage deal – and I’ll probably write more about it in a bit, but the upshot is I don’t see this as anything to really be concerned about.

Eric Berry for sending the guy who wins the Heisman spinning 720 degrees in the air at the podium - or for intercepting it and returning it to where it rightfully belongs

by Graysnail on Aug 10, 2009 6:15 PM EDT up reply actions   0 recs

Does that mean

I’m going to have to do all the post game writeups for the games all you lucky Tennessean’s go to? Or maybe we can, like, work with the rest of SB Nation! Joel, you can do the write-up for Alligator Army’s games, he can hand out awards for Dawg Sports, and they can give a good ole fashioned Rocky Top Recap!

by bobo_the_vol on Aug 10, 2009 5:12 PM EDT reply actions   0 recs

Fortunately for us,

this doesn’t restrict predictive play-by-play, only real-time stuff. You’re good.

;-D

by Hooper on Aug 10, 2009 5:24 PM EDT up reply actions   0 recs

Would it be English?

::rimshot::

Eric Berry for sending the guy who wins the Heisman spinning 720 degrees in the air at the podium - or for intercepting it and returning it to where it rightfully belongs

by Graysnail on Aug 10, 2009 6:13 PM EDT up reply actions   0 recs

So I should be glad we're not playing Arkansas this year?

Eric Berry for sending the guy who wins the Heisman spinning 720 degrees in the air at the podium - or for intercepting it and returning it to where it rightfully belongs

by Graysnail on Aug 10, 2009 7:41 PM EDT up reply actions   0 recs

Oh, wow. I hadn't made that association before.

But Georgia playing Arkansas, when the Razorbacks call in the hogs…

by Hooper on Aug 10, 2009 8:20 PM EDT up reply actions   0 recs

You hadn't? I totally thought that was where you were going with that.

Eric Berry for sending the guy who wins the Heisman spinning 720 degrees in the air at the podium - or for intercepting it and returning it to where it rightfully belongs

by Graysnail on Aug 10, 2009 8:26 PM EDT up reply actions   0 recs

I was with Georgia,

but I didn’t make the connection with Arkansas. Don’t know why, though. It’s so natural.

by Hooper on Aug 10, 2009 8:48 PM EDT up reply actions   0 recs

Guys, not to stick a blue nose in here,

but thanks for pointing this out…..this is a load of fertilizer in its purest form. We have a blogger over on ASOB that recommended “passive resistance” in this case and I believe it is warranted wholeheartedly. It appears to me o the face as a document to have in hand should they ever decide to take on someone who has made themselves into a media blogster extraordinaire and started gaining credibility with the mainstream media. Maybe ESPN forced them to put something like this in place to get the contract, I dont know, but I will message,or Tweet, or text, or multimedia anyone I please at any function I choose….what are they afraid of anyway??….

Remember, we're having fun now!!!

by ALLBLUCAT on Aug 11, 2009 10:07 AM EDT reply actions   0 recs

welcome

No worries about that nasal condition; I’m sure it’ll clear up someday. ;-)

I’ll be curious to see how far they try to enforce this thing. I am pretty certain of one thing; they’re not about to touch the people in the shiny club seats paying lots of dollars toward the schools. This is financially driven and will be financially enforced.

by Hooper on Aug 11, 2009 10:24 AM EDT up reply actions   0 recs

Thanks,

You know, it was bad enough when the NCAA pulled their high and mighty routines all over the place, now we have to worry about the SEC as well?….Mike Slive must not be worrying about anything these days, he has ESPN to sew up the TV deals, he passes SEC regulations to weed out the “alternative” media….when does all of this nonsense end?…..We may have finally found something that will unite every SEC fan from Lexington to Rocky Top to Tuscaloosa…..

Remember, we're having fun now!!!

by ALLBLUCAT on Aug 11, 2009 11:39 AM EDT up reply actions   0 recs

Ran by Ohio State and Michigan Alumni

Who is this Malcom Jenkins? And I wasn’t a teenage in 1997, but I do watch the NFL a lot and I don’t know who Charles Woodson is. Manning? Oh, yeah, one of the greatest QBs in NFL history, I’m sure he’d win any award of this Woodsin — sun — son? Okay, wasn’t sure of the spelling.

Hey, firefox spell-checker recognizes the name “Manning” (since it’s totally not a real word or anything) but not “Woodson” — final proof Manning > Woody

by bobo_the_vol on Aug 11, 2009 12:26 PM EDT up reply actions   0 recs

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