Are library systems liable when they post recorded training materials, videoconference archives etc. to the Internet?

A client in California asked me if he needs to get presenters and audience member releases before posting videos/photos/sound recordings etc. to an archive on the Internet.

I drafted a reply and we thought it might be useful to post it here to see if readers have their own experiences, comments.  I also drafted a release form . Reader comments?

The sad reality is that we've moved to the publisher world, and can take on publisher liability and all that entails...

Comments

[Mary]

nonexclusive license -
can anyone else respond to nonprofit question?

[caleb tucker-raymond]

I'm curious about a few things in the release, which I understand you may or may not be able to answer.

I am thinking that this kind of release might also apply to a library event that is recorded and posted online.

Does your draft release attempt to grant /exclusive/ rights to the library, or can participants also take the recording and distribute it?

In bullet 7, my understanding is that "non-profit" is a federal tax designation - in this case, does "nonprofit entity" include government agencies? (ie public libraries, publicly funded academic libraries), and if so is that term California-specific?

Thanks!

[Donna Schaal]

At our system, we have posted materials (powerpoint, handouts, video) from a continuing education event, but always with the approval of the author/presenter. We have also been turned down by authors/presenters who specifically don't want their materials available on the web.

When permission is given, it can be really wonderful advertisement of programs, etc. We were fortunate to have Raj Gandhi (the grandson of Gandhi) speak at one of our diversity forums and he allowed us to post it on YouTube!

My advice would be to ask for permission.