PrintPrint © 2008 MLB Advanced Media, L.P. All rights reserved.

Immediate news use of Major League Baseball game video and audio highlights
02/26/2008 4:00 PM ET
We take this opportunity to notify you of current Major League Baseball policies regarding the use of video and audio excerpts from the copyrighted game broadcasts presented by the Office of the Commissioner of Baseball and the 30 Major League Clubs on FOX, ESPN, ESPN2, ESPN Deportes, TBS, TNT, ESPN Radio, and other national, regional, and local broadcast and/or cable television and radio stations. This advisory applies to all exhibition, Spring Training, regular season, All-Star Week and post-season game highlights to be used by any television or radio station in the United States and Canada. Please provide a copy of this letter and attached license to each member of your organization responsible for compiling, producing, or otherwise exploiting Major League Baseball game highlights.

As has been the case, certain rights to use Major League Baseball video and audio of game highlights ("Highlights") in immediate news reporting continue to be granted without charge, subject to the terms and conditions outlined in this correspondence and the attached "Conditions for Use of Major League Baseball Game Video and Audio Highlights in the United States and Canada" ("Conditions").

These Conditions apply universally, absent changes authorized by a Club, Major League Baseball Properties, Inc. ("MLBP") or MLB Advanced Media L.P. ("MLBAM"), as applicable, pursuant to a license and payment therefor. Please note that a Club may grant Highlights use rights greater than those permitted herein only within its Home Television Territory and only with respect to its local television and radio broadcasts. If a station desires to make use of game Highlights or any other video or audio shot in a Major League Baseball ballpark or other MLB venue ("MLB Footage"), other than as authorized in the attached Conditions (or by any written Club authorization), it must license the same from MLBP or MLBAM (as provided in Paragraph 8 or 10 of the attached Conditions, as applicable). A station authorized to exceed the terms of the attached Conditions must document its license with the authorizing Club, MLBP or MLBAM, as the case may be.

The attached Conditions do not affect a Club rightsholder's ability to cover individually a Major League Baseball game on-site. Any regulation of a Club rightsholder's on-site game coverage will be governed by the agreement between that rightsholder and the applicable Major League Baseball Club, subject to such conditions/restrictions as may be specified by the Office of the Commissioner of Baseball for national broadcasts, including the All-Star Game, Division Series, League Championship Series, and World Series games.

For copyright purposes, we advise you, pursuant to title 17 U.S.C. subsection 411(b), that Major League Baseball entities record each game broadcast simultaneously with its transmission and own the copyrights therein. Those entities will continue to take the action they deem necessary to protect these copyrights.

It is of considerable importance to all Major League Baseball entities that their copyright rights--and the rights granted to their broadcast partners--be respected. We believe these policies protect those rights while allowing stations meaningful news use of Highlights. We will not hesitate, however, to take appropriate action in the event of any unauthorized use of game Highlights. Please be advised that we regularly monitor the use of Highlights by use of digital watermarking and other means to verify compliance with the Conditions.

For all requested uses of MLB Footage other than for immediate news purposes as permitted herein, please call the MLB Footage Library Licensing Department at 212-931-7668.

Please note that Highlights must not be sold, traded, stored, archived, retained, transmitted or distributed to any entity, via any media, other than as authorized in the attached Conditions, without first obtaining specific permission in writing from MLBAM or MLBP as provided in Paragraph 10 below.

Your continued cooperation is appreciated. Should you have any questions at all, please do not hesitate to call Nick Trotta at (212) 931-7668 or Chuck Torres at (212) 931-7800.

CONDITIONS FOR IMMEDIATE NEWS USE OF MAJOR LEAGUE BASEBALL GAME VIDEO AND AUDIO HIGHLIGHTS IN THE UNITED STATES & CANADA

1. To qualify as licensed under these Conditions for Use of Highlights ("Conditions"), video and audio highlights of a Major League Baseball game ("Highlights"), aired in connection with any television or radio broadcast (whether distributed via over-the-air, cable, satellite, telephone fiber or other off-line broadcast medium), may be used only as items of immediacy in regularly scheduled television or radio news programs (as may be defined from time to time by MLB) aired no later than 36 hours after the completion of that game.

2. Highlights licensed hereunder derivative of a Club local broadcast must not be used until after the final out of that game. However, each Major League Baseball Club may permit, via separate written authorization, the airing of Highlights from its local game broadcasts prior to the conclusion of those games, but only by stations within such Club's Home Television Territory.

3. Highlights derivative of a national network game broadcast (e.g. FOX, ESPN, ESPN2, ESPN Deportes, TBS TNT or ESPN Radio) must never be used until that game broadcast is completed. In addition, on-site updates from within a ballpark must never be used before the game broadcast is completed if that game is being nationally broadcast. For clarity, this paragraph applies to all national game broadcasts, including Spring Training, exhibition, regular season, All-Star Week and post-season national broadcasts.

4. Highlights licensed hereunder must not be used in any program format other than immediate news reporting. This specifically prohibits, without limitation, uses in "Play of the Day/Week/Month" features, uses in "Bloopers/Great Plays" show segments, weekly/monthly Highlights compilations, programming specials, and any commercial uses, and/or sponsor or other third party association with such Highlights.

5. For use made pursuant to these Conditions, Highlights from any one game must not exceed two (2) minutes, and Highlights from all games must not exceed five (5) minutes within any continuous hour of news programming.

6. Visual (for television) or aural (for radio) "courtesy" credit must be given for a duration of at least three (3) seconds to the appropriate Major League Baseball entity, followed by its television or radio rightsholder, while (or, for radio, immediately after) the Highlights used pursuant to these Conditions are displayed or broadcast (e.g., "Courtesy Arizona Diamondbacks/KTVK" or "Courtesy Major League Baseball/FOX" or "Courtesy Chicago Cubs/WGN Radio").

7. All copyrights, proprietary interests and other incidents of ownership in and to the Highlights shall remain vested in the applicable Major League Baseball entity. The rights granted under this license are limited to the rights controlled by Major League Baseball entities. Licensee is solely responsible for determining what additional licenses, clearances, consents and releases, if any, must be obtained.

8. Any off-line use of Highlights outside of the licensed uses permitted under these Conditions (including uses in excess of the two (2) minute/five (5) minute restrictions in Paragraph 5, uses outside the 36-hour window described in Paragraph 1, or uses in program formats other than immediate news reporting) must be negotiated separately with either an authorizing Club (if for Highlights from that Club's local game broadcasts only, and for use solely within the Home Television Territory of such authorizing Club) or with Major League Baseball Properties, Inc. ("MLBP") (Tel: 212-931-7668, request Nick Trotta in the MLB Footage Library Licensing Department or contact nick.trotta@mlb.com).

9. In no event may any logo, trademark, advertisement, or other graphic be superimposed, "burned-in" or otherwise incorporated in any Highlights without prior written permission from MLBP. Additionally, no Highlights may be altered or modified (including magnifying a portion of a visual image or otherwise changing, substituting or distorting an audio or visual element) without prior written permission from MLBP.

10. Highlights must not be sold, traded, stored, archived, retained, transmitted or distributed via any on-line media (including the Internet or any other means of interactive communication) without first obtaining specific permission in writing from MLB Advanced Media, LP (Tel: 212/485-3788, James Dean - e-mail: james.dean@mlb.com). Highlights must not be sold, traded, stored, archived, retained, transmitted or distributed to any entity via any other medium, other than as authorized herein, without specific permission in writing from MLBP.

11. Highlights must not be used in such a manner as to denigrate Major League Baseball, any Major League Baseball entity (including the Clubs), their players or officials, or the sport of baseball.

12. In consideration for the grant of this License, recipient agrees, upon the request of MLBP, to provide MLBP at recipient's cost with a videotape or audio recording (as the case may be) of any program that incorporates Highlights as authorized herein and hereby consents to MLBP's use of excerpts from any such program.

13. MLBP may withdraw permission or modify these Conditions at any time on immediate notice.

14. These Conditions will be governed by and subject to the laws of the State of New York applicable to disputes arising within that State. Any court of competent jurisdiction sitting within New York County, NY will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these conditions.

15. Recipient's use of Highlights from Major League Baseball games absent a superceding written license constitutes acceptance of these license terms.

This story was not subject to the approval of Major League Baseball or its clubs.


MLB.com