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Shaunie Begley and Christine Bottross were on Tuesday on the steps outside the Vessel, the vast oval and oval metal structure over 150 meters long connecting to the newly opened Hudson Yards on the West Side of Manhattan.
Ms. Begley posed for a photo while Ms. Bottross escaped with her camera. She asked again. Another picture. And again, with a slightly different hand gesture this time around. This continued for several minutes.
Both call themselves "Instagrammers" and their carefully prepared photos are meant to be consumed by the nearly 90,000 followers they have between them.
And, possibly, by a very large real estate development.
Questions about the control of a person's social media content have plunged the ship into an Internet rainstorm this week after the Gothamist website presented a curious assertion and, according to some legal experts, aggressive the right to author by Hudson Yards, the owner of the ship.
Or, in legal terms, by posting your selfie on Twitter, you grant the company "the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensed and transferable right to use, display, reproduce, execute, to modify, transmit, publish and distribute these photographs, audio recordings or video sequences for any purpose whatsoever, in any medium (in either case, now known or further developed) ). "
You also authorize the company to store such images in a database and to transfer them to third parties in connection with the security and marketing procedures implemented by the ship.
It is not uncommon for a private attraction to use visitor photos in its own promotions. But Domenic Romano, an attorney specializing in entertainment law in New York City, said that Hudson Yards "is not just asking for the right to use the photos or redistribute them on their own social media channels."
"They basically claimed ownership of the underlying materials," he said.
After many twists and turns on social media that probably would not be part of the marketing of Hudson Yards, the development announced Monday that it would "fine-tune the language so that it is clearer."
But if you want to send this photo to your Instagram fans, you still grant "the company and its affiliates the right to publish, share, publish, promote and distribute Vessel Media via this social media channel and via the associated sites. to the Vessel or Hudson Yards (including my name, voice, image and any other aspect of my personality described in Vessel Media), in perpetuity. "
According to Romano, this was a slight change, but more like what most museums and other public places currently offer.
"It's the difference between using and owning the underlying right exclusively," Romano said.
In a statement on Tuesday, a spokeswoman for Hudson Yards said: "As a new destination, we wanted to communicate too much, be transparent and inform all users that we could rebroadcast selected social messages on our social channels and our website." already shared publicly on their social channels. This is a process undertaken in the main attractions of the city and the country. "
Ms. Bottross, taking a short break to explain to Ms. Begley how to ask, stated that she was not aware of the hubbub about whether or not Hudson Yards exercised control over the photos they would share. online.
"But of course, they can use it," Ms. Bottross said of her photos.
Ms. Begley said that she had no problem either – and hoped that the developer would direct people to the place where the photos came from. "Can they me @?" She said with a laugh.
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