the Burning Man ticket terms require participants to assign to the BMO—in advance—the copyright to any pictures they take on the playa; and limit participants' rights to use their own photos online by obliging them to take down any photos to which the organizers object for any reason and forbidding them from allowing anyone else to download or copy the photos (meaning, participants can’t CC-license their photos, or dedicate them to the public domain).BMO argues it needs the copyright assignment and take-down rights in order to facilitate its DMCA compliance and avoid copyright infringement.
But is BMO liable for its participants web content? Possibly. Does the event itself qualify for a DMCA safe harbor provision?? Of course not; the event itself is not digital! Right?
Drama ensues.
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