AP, Gannett refuse to sign SEC's new credential policy

If you can eliminate the competition -- which in this case theoretically would be anyone else trying to cover a live SEC contest in any fashion -- you do it I guess.

 

Sometimes, I wonder if a newspaper should just write a fake game story, with the wrong team winning, and the wrong facts, and then print it at the top of the front page.

Then, at the end of the story, put a tag that says, "This is a false story. We'd love to print the truth, but the school/pro team won't give us access to cover them."

I would hope that the readers would then pressure the school/team to give the paper access. But in all probability, the readers would blame their own paper for not getting access.

 

Not all of the newspapers in SEC land are going to boycott this credential policy. Think the recruiting web sites give a crap? Doubt it. More seats for them in the press box. Ditto for some of the small-town newspapers with no interest in running video, doing blogs or selling archived photos.

By limiting more of its media coverage, the SEC will force its followers to turn to the conference web site for pictures, video and news on their teams. (Only positive news, though.) The conference web site also sells SEC and individual school merchandise.

Bottom line: more money. Why? Because the SEC can and because some fans are so pathetic that they won't complain about the new policy. The SEC wouldn't be able to get away with this if enough fans boycotted the conference (MONEY), but we won't ever see that happen.

 

One organization on my SEC beat — the student newspaper — has signed the credential agreement. Even the Rivals, Scout, ESPN recruiting, etc., guys hadn't signed it as of yesterday, according to an SID. I'm sure they will sign it soon, but they've shown a little solidarity to this point, bringing my respect for them up near the 3 percent range.

 

XOS can XOXOXO my ass. Their digital agreement with the SEC is the biggest problem here, in my opinion.

 

(Birmingham, Ala. Aug. 27, 2009) – In consultation with major media associations, the Southeastern Conference has issued its final Media Credential Policy for the 2009-10 season, conference officials announced today. The policy is in effect for all SEC intercollegiate athletic events hosted by its member institutions.

The SEC was assisted in the revision of the policy document in discussions with representatives of the Associated Press Sports Editors, Associated Press Managing Editors, American Society of News Editors and the Radio-Television News Directors Association.

“The SEC has always had a positive relationship with the media,” said SEC Commissioner Mike Slive. “When contacted by major media associations, we immediately began constructive dialogue to address their concerns. While there were a few changes we could not meet, there was agreement on many of the issues. We look forward to maintaining communication with the media as we work to balance the issues important to the media and the SEC’s ability to protect its digital rights and trademarks.”

Among the adjustments in the final revision, media agencies have additional flexibility in internet news coverage, uses of photographic images, access to video images for television newscasts and special shows and clarification in the provisions of blogging.

The SEC will retain its exclusive rights for game action video on the internet while at the same time affording media outlets the opportunity to access game highlights through an embedded video player.

The SEC Media Credential Policy, which was initially revised on Aug. 14, will be reviewed annually.

The final revised 2009-10 SEC Media Credential Policy is attached.

 

SOUTHEASTERN CONFERENCE MEDIA CREDENTIALS
Terms and Conditions for Use
As Revised August 27, 2009
By accepting or using a media credential (“Credential”) for access to any game or athletic
contest sponsored or hosted by the Southeastern Conference (the “SEC”) or by any one or more
of its member institutions (herein an “Event” or the “Events”) each person and entity issued such
a Credential (herein referred to, along with the employer of each such person, collectively as a
“Bearer”) agrees to the following terms and conditions:
General
Each Bearer must be and hereby represents that he or she is acting on a specific assignment for
an accredited media agency and has a legitimate working function in connection with the Event
attended. The Credential is not transferable and may be revoked at any time.
The rights and privileges granted to Bearer may be terminated if any term or condition for use of
the Credential is breached. The unauthorized use of the Credential subjects the Bearer to
ejection from the Event.
While within the Event venue, Bearer shall, at all times, adhere to the policies in place for the
Event, abide by and respect access limitations, and accept and follow directions provided by the
SEC or the SEC member institution(s) hosting the Event.
Bearer assumes all risks incidental to the performance by the Bearer of Bearer’s services in
connection with the Event and assumes all risks incidental to each Event, whether occurring
before, during or after the actual playing of the Event, and agrees that the SEC, its member
institutions, and their respective agents, employees, directors, officers, student-athletes, coaches,
and contractors shall not be liable for bodily injury, property damage or theft losses suffered or
incurred by Bearer at the Event. Bearer understands that sports contests are physical, and that in
the normal course of play it is possible for balls, players, or other objects to leave the court,
track, course, or field of play and impact spectators. Bearer hereby waives and releases any and
all Claims (as defined below) against the SEC and its member institutions arising directly or
indirectly from any such injury, including those attributable to their negligence or that of their
agents.
In the event that the name or likeness of Bearer is included in any broadcast, telecast,
photograph, film, video or other media taken in connection with any Event, Bearer grants the
SEC (or, if the media is controlled by a SEC member, grants such SEC member) the nonexclusive,
transferable, perpetual right and license to use (and to sub-license the use of) such
name and likeness in any media worldwide whether now known or thereafter devised.
Bearer agrees to indemnify and save harmless the SEC, its member institutions, and their
respective agents, employees, directors, officers, student-athletes, coaches, and contractors, of
and from any and all claims, liabilities, demands and causes of action asserted by persons and
entities other than the SEC and its member institutions (jointly “Claims”) arising out of any act
or omission, or anything done or purported to have been done, by Bearer, including but not
limited to Claims arising from Bearer’s breach of any term or condition hereof. With respect to
any Claim that might give rise to liability of the Bearer as an indemnitor, the indemnified party
shall: (a) have the right to fully participate in the litigation of such claim with counsel selected by
the indemnified party at the sole expense of the Bearer, and (b) not be obligated, without its
consent, to participate in any settlement of such Claim.

 

Media—General
Except for video (including any accompanying news audio) and still photographs of the Event
shot by Bearer in compliance with the requirements and restrictions of this Credential (herein
referred to as “Bearer Generated Video” and “Bearer Generated Photographs,” or collectively as
“Bearer Generated Images”) and news stories written and broadcast by Bearer, to which the
copyright vests in Bearer, Bearer acknowledges that all broadcast rights, copyrights, trademarks,
and other proprietary rights to the Event, and to the respective names, mascots, logos, uniform
designs, and trademarks of the Southeastern Conference and its member institutions are
exclusively owed and/or licensed by the Southeastern Conference, its member institutions,
and/or third parties with which the Conference or its members have agreements.
Video, film, photographs and other images of an Event (including Bearer Generated Images)
may be used, broadcast, sold, licensed or distributed by Bearer only as expressly permitted
herein. In addition, for avoidance of doubt, except as permitted herein, Bearer is prohibited from
making available any video, film, photograph or other image of an Event (including Bearer
Generated Images) to any organization, person or entity without advance written permission
from the SEC, even though the planned use may be news or editorial in nature.
Bearer acknowledges that all trademark rights in the names, logos, trademarks, mascots, and
uniform designs of the Conference and of the member institutions of the Conference are retained
by the Conference and its members. Except for permitted use of broadcast feeds strictly in
conformity herewith, nothing in these terms and conditions authorizes or allows Bearer to use
any of the trademarks, copyrights or other proprietary or intellectual property rights of the SEC
or of its member institutions.
Bearer Generated Images
The Credential confers on Bearer a limited, non-exclusive and non-transferable right to enter the
Event venue or stadium to take Bearer Generated Images of the Event and to use, license, and
sublicense such Bearer Generated Images only for news coverage or editorial purposes subject to
the limitations and provisions herein, or as otherwise specifically authorized herein; provided,
however, if required by the SEC or by the member hosting an Event, and if a broadcast feed of
the Event via video and audio distributing facilities is provided by the SEC or its member
institution, Bearer shall not take any Bearer Generated Video of the Event and shall use only
such feed pursuant to and in conformity with the provisions hereof concerning broadcast feeds.
Notwithstanding any other provision of this Credential, absent the express written permission or
authorization of the SEC (with respect to Bearer Generated Video) or the express written
permission or authorization of all SEC member institutions that appear in a photograph, and
whose present or former coaches and student athletes appear in a photograph (with respect to
Bearer Generated Photographs): (i) Bearer may not sell or license any Bearer Generated Image
that features an individual and is licensed, sold or used to profit from the name or likeness of the
individual, (ii) this Credential in no respect licenses or conveys to Bearer any rights of publicity,
trademark rights, or right to imply an association by Bearer with the Conference or with any of
its members or their present or former coaches or student athletes; (iii) except for references by
name to the SEC and its member institutions in television news broadcasts, preview shows, and
special shows as otherwise permitted herein, Bearer Generated Images may not be licensed, sold
or used in connection with the name or trademark of the SEC or any of its member institutions,
or for or in connection with endorsements, advertising, or marketing of a product, service,
company, or business, (iv) Bearer Generated Images may not be reproduced on products,
souvenirs, or clothing, and (v) Bearer Generated Images may not be used in a manner likely to
create or that actually creates confusion in the minds of the trade or public that Bearer or its
Bearer Generated Images or any elements therein, or any items on which they are reprinted, are
sponsored or endorsed by, or are associated or affiliated with the SEC, its member institutions, or
their present or former student-athletes or coaches, or that any of such persons or entities
licensed Bearer to use their images, trademarks or copyrights.

 

Bearer Generated Photographs
Bearer Generated Photographs may be used (and posted on the internet) in connection with and
as part of regular print news coverage, including internet print news coverage. In addition,
provided that Bearer complies with the other provisions and restrictions in this Credential
(including but not limited to the provisions and restrictions set forth in the preceding section
entitled “Bearer Generated Images”) and that Bearer imposes upon and subjects the buyer or
licensee to all such provisions and restrictions (as if the buyer or licensee had taken the
photograph), Bearer may sell or relicense Bearer Generated Photographs. (Bearer is not
restricted or prohibited from imposing additional restrictions, including withholding any and all
rights from the buyer or licensee with respect to the Bearer Generated Photograph.) In any such
sublicense, so that the SEC may pursue its rights against the licensee and will not be required to
pursue Bearer, Bearer shall ensure that the SEC and its member institutions are named as
intended third party beneficiaries with the right directly to enforce the requirements and
provisions of this Credential against the sublicensee.
Broadcast Feeds – Television Use
The Credential confers on Bearer a limited, non-exclusive and non-transferable license (with no
right of sublicense) to use broadcast video feeds of the Event only for regularly scheduled
television newscasts aired only on television (but not on any form of television available or
viewable on the internet, except for a single, non-archived online simulcast by Bearer) within the
period expiring at midnight on the seventh day after the Event (i.e., for an Event on Saturday
afternoon, the seven day period expires the following Saturday at midnight), and no video (i.e., a
video highlight or clip) used for such purposes shall exceed three minutes in length. Bearer may
not broadcast any video of game action at an Event that is broadcast live until the Event has been
completed. No other uses of broadcast video feeds of the Event are permitted absent the express
prior written consent of the SEC and the member institution hosting the Event. For the
avoidance of doubt, Bearer may not sell or relicense images or video from or constituting
broadcast video feeds, except as provided below in the section of this Credential entitled “Media
Pooling Arrangements.”
Bearer Generated Video – Television Use
Bearer agrees to use Bearer Generated Video of game action of the Event only for regularly
scheduled television newscasts aired only on television (but not on any form of television
available or viewable on the internet, except for a single, non-archived online simulcast by
Bearer), and no Bearer Generated Video (i.e., a video highlight or clip) used for such purposes
shall exceed three minutes in length. Bearer may not broadcast any video (including Bearer
Generated Video) of game action of an Event that is broadcast live until the Event has been
completed. No other use of Bearer Generated Video of game action at the Event is permitted
absent the express prior written consent of the SEC and the member institution hosting the Event.
Provided that Bearer complies with the other provisions and restrictions in this Credential
(including but not limited to the provisions and restrictions set forth in the preceding section
entitled “Bearer Generated Images”), Bearer may make such uses of Bearer Generated Video
that is not of game action at the Event as it deems appropriate or desirable. For the avoidance of
doubt, Bearer may not sell or relicense Bearer Generated Video or images therefrom, except as
provided below in the section of this Credential entitled “Media Pooling Arrangements.”
Preview Shows and Special Shows
On a case-by-case basis, with the prior written consent of the SEC and of all SEC member
institutions whose student-athletes or coaches appear therein (in order to ensure that such uses do
not conflict with rights licensed to conference and member institution rights holders), Bearer
may use broadcast feeds and Bearer Generated Video of the Event in preview shows and special
shows produced by Bearer’s news and sports department, which are aired only on television (but
not on any form of television available or viewable on the internet, except for a single, nonarchived
online simulcast by Bearer), and no broadcast feeds or Bearer Generated Video (i.e., a
video highlight or clip) used for such purposes shall exceed three minutes in length.
Media Pooling Arrangements
To facilitate and in connection with media pooling arrangements and the distribution of
photographs for news uses (e.g., by Associated Press) Bearer may sublicense Bearer Generated
Photographs only to bona fide media entities and Bearer Generated Video only to television
stations solely for such uses as would be allowed hereunder if the accredited media agency had
shot the Bearer Generated Images. Bearer shall impose restrictions in any sublicense to ensure
that the sublicense cannot further sublicense such Bearer Generated Images and is required to
comply fully with the requirements and provisions of this Credential. In any such sublicense, so
that the SEC may pursue its rights against the licensee and will not be required to pursue Bearer,
Bearer shall ensure that the SEC is named as an intended third party beneficiary with the right
directly to enforce the requirements and provisions of this Credential against the sublicensee.

 

Internet Use—Video and Audio
Upon execution of a separate agreement with terms and conditions governing the use thereof,
Bearer will be afforded access to video and audio of broadcast Events for use on Bearer’s official
news website(s), at no premium or charge. Otherwise, except as specifically permitted herein
(with respect to online, non-archived simulcasts), Bearer shall not post, place, distribute or make
available video (or audio from broadcast feeds) of game action of any Event (including any
Bearer Generated Video of game action of an Event) on or through the internet or any other new
media distribution platform (i.e., any platform other than print media or a form of television not
available or viewable over the internet, except for non-archived simulcasts specifically permitted
herein) including, without limitation, wireless handsets, podcasts, cell phones or PDAs.
Blogging
Blogging, including periodic updates of scores, statistics or other brief descriptions of the
competition throughout the Event, is acceptable provided that the Bearer conforms to the
blogging policies separately published by the SEC, as such policies may be revised from time to
time. No Bearer may produce or disseminate in any form a “real-time” description or
transmission of the Event in any manner that constitutes, or is intended to provide or is promoted
or marketed as, a substitute for television or video coverage of such Event. Bearer agrees that
the determination of whether a blog is a real-time description or transmission shall be made by
the SEC in its reasonable discretion. If the SEC reasonably determines that a Bearer is
producing a real-time description of the Event, the SEC reserves the right to pursue all available
remedies against the Bearer and to revoke this Credential.
Additional General Provisions
Except for sublicenses expressly permitted herein, no rights afforded Bearer may be assigned,
transferred or otherwise conveyed to any organization, person, or entity. Any organization,
person or entity wishing to use film or video of an Event in any manner not expressly permitted
herein must obtain written permission for such usage from the SEC.
Any use not explicitly authorized herein (including but not limited to any secondary use) of any
photograph, picture, audio description, audio, videotape, film or drawing of the Event taken or
made by the Bearer (including, but not limited to, for non-editorial, advertising, sales promotion
or merchandising use) is prohibited without prior written approval as otherwise provided herein.
Unless short (ten to thirty second) live updates are allowed by the SEC or its member hosting the
Event, radio stations that have not licensed rights to the Event shall not broadcast any report
from the venue on a live basis or broadcast any live description of any Event while it is still in
progress.
Bearer agrees that it shall not assert a Claim against the SEC, its member institutions, or any
other owner or operator of the Event venue for or as a result of lack of space for broadcasting or
production of any media transmission, either live or delayed.
All provisions, restrictions, terms and conditions shall be binding upon Bearer (as defined herein
to include both the individual to whom this Credential is issued, and his or her employer) and all
of their respective heirs, successors, and permitted assigns.

 

Gimme the short version.

 

OK.
The SEC has control over everything except what's below: