Media Credential Use – M-DCPS Licensing

MEDIA ACCESS

Miami-Dade County Public Schools

Media Access

THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA MEDIA CREDENTIAL USE CONDITIONS

1/ Binding Agreement

Acceptance of credentialed access to a Game or Event (each as defined below) constitutes agreement by the Accredited Organization (as defined below) and the Bearer (as defined below) to be bound by (1) the following terms and conditions (the “Credential Use Conditions”), (2) compliance with all applicable Florida laws and (3) all Policies/rules of The School Board of Miami-Dade County, FL (M-DCPS) and its Licensing Branding and Enforcement Program as may be amended from time to time.

2/ Purpose

The credential card provides privileged and revocable access to a Media Outlet (the “Accredited Organization”) for the sole purpose of authorizing, under certain terms and conditions, access to a designated general admission restricted areas (e.g. sidelines) for an individual (the “Bearer”) who is working for, or on behalf of, the Accredited Organization and has a legitimate working function at the game or event for which this credential is issued (the “Game” or “Event”, as applicable). It may not be transferred by the Bearer or the Accredited Organization to which it is directly issued and the Bearer may use it only and directly for or on behalf of the Accredited Organization for the purposes permitted by these Credential Use Conditions. Any unauthorized use of the credential card subjects the Bearer to ejection and prosecution for criminal trespass and subjects the Accredited Organization to revocation of its credentials for future games or events. M-DCPS, at its sole discretion, may revoke any Accredited Organization’s or individual Bearer’s credentials.

3/ Permitted Uses

The credential card authorizes (i) the use by the Accredited Organization only, solely for news and editorial coverage purposes in accordance with the terms hereof, of descriptions, accounts, film, video or digital still images from the applicable Game or Event, or of player or personnel interviews, press conferences or other activities related to such Game or Event (collectively, “Game and Event Material”) taken, made, created, or compiled by the Accredited Organization or the Bearer, and (ii) the limited use by the Accredited Organization of any M-DCPS logos or trademarks (the “Marks”) in connection with the uses of the Game and Event Material authorized herein. Any other use or attempted use by the Bearer or the Accredited Organization of Game and Event Material or Marks are expressly prohibited, unless the Accredited Organization has obtained the advance written permission from MDCPS. Such prohibited uses of Game and Event Material include, without limitation, the following: (x) any distribution of Game and Event Material to third parties other than ultimate consumers (e.g., newspaper readers) for such third party’s use (whether before or after the conclusion of the Game or Event, and whether or not for editorial purposes), (y) any purported authorization by an Accredited Organization of any third party to redistribute Game and Event Material (e.g., play-by-play data feeds), and (z) any non-editorial use of Game and Event Material or Marks, including in connection with or as part of commercial products distributed in any medium (e.g., apparel, posters, commemorative programs, highlight reels or other types of souvenir or other merchandise or sponsored content). Additionally, while at the Game and/or Event, the Accredited Organization and Bearer are prohibited from providing exposure to any third-party brand(s) (e.g., marks, logos) for commercial, marketing or publicity purposes including, for example, through exposure of third-party brands on apparel or equipment worn or used by Bearer.
The Accredited Organization may supplement its traditional media distribution platform (e.g., newspaper, television, radio) with other new media distribution platforms that it controls (e.g., websites, official social media accounts, applications, podcasts), provided that, with respect to such new media distribution platforms:
a) Any use of film or video or digital still images is limited to a reasonable amount or number (180 seconds), and used only to illustrate or support news and editorial coverage of the Game or Event (as opposed to use in connection with or on commercial products, e.g., apparel, posters, commemorative programs, or other types of souvenir or other merchandise, or sponsored content) purposes;

b) No video of game action is used with the exception of the 180 second clip.

c) Use of non-game audio and video content obtained as a result of credentialed access (e.g., press conferences, training camps, practice and/or interviews at venues or events): (1) must be limited to and included within the 180 second maximum clip (2) may not be posted or streamed “live” or in real time in any form or medium and (3) may appear only in an editorial context (i.e., no sponsorship, merchandising or advertising integrated with or around the content, including digital advertising).
Any proposed use of Game and Event Material that is more detailed and/or immediate than that described herein or which exceeds the limits set forth herein, and any exceptions to the prohibitions set forth herein, requires a separate license from M-DCPS.
The 2021 M-DCPS credential also imposes limits on the use of video and audio content from games. Game video content (including all game action and all ancillary on-field activities occurring inside the stadium on gameday) is subject to the following limitations: (a) In no case may highlights be used in connection with or associated with any third party (e.g., a sponsor) or resold. In total for any gameday the maximum clip allowed to be used is limited to 180 seconds.
M-DCPS owns the right to all content. If M-DCPS requests access to content, access must be granted for use in any matter they see fit. Media outlet will always receive credit for their content.

4/ No Streaming; Video of Game Content

Streaming of any Game and Event Materials while the Game is being played or the Event is occurring—in any form, medium, or duration—is prohibited under the terms of these Credential Use Conditions.

Up to three minutes (180 seconds) of Video Highlights from any one game played may be used; Up to three minutes of Audio Highlights from any one game played that day may be used, but in no case may highlights be used in connection with or associated with any third party (e.g., a sponsor) or resold.

5/ No Play-by-Play

While a Game or Event is in progress, the Accredited Organization’s and Bearer’s distribution of Game and Event Material must be time-delayed and/or limited in amount (e.g., score updates with detail given only in quarterly game updates, and may not, under any circumstances, involve, constitute, serve as a substitute for, or otherwise approximate, a play-by-play or statistical account or depiction of a Game or Event in any medium.

6/ Risk

The Accredited Organization and the Bearer: assume all risk incident to the performance by the Bearer of his or her services; assume all risk incident to attending Games and Events; agree that M-DCPS has no responsibility for any equipment in use in the stadium; agree to waive any and all claims of bodily injury or damage to property that they might have against M-DCPS arising out of the issuance of the credential card or the Bearer’s presence in the stadium; and agree to indemnify, defend and hold harmless M-DCPS from and against all liability, loss, damage or expense resulting from or arising out of the issuance of the credential card or the Bearer’s presence in the stadium. The Accredited Organization and the Bearer also agree that they are not acting for M-DCPS in any manner whatsoever and are not employees or agents of MDCPS. The Bearer and his or her belongings may be searched upon entry into the stadium facility and/or other security checkpoints, and the Bearer consents to such searches and waives any claims that he or she might have against M-DCPS in connection therewith. If the Bearer fails to consent to such searches, it is agreed and understood that he or she will be denied access to the stadium or other facility. Any Bearer who is deemed disorderly, or who fails to comply with these Credential Use Conditions or any and all security measures, shall be subject to, if appropriate, ejection from the stadium or other facility and prosecution, and shall subject the Accredited Organization to revocation of its credentials for future Games and Events. Admission may be refused or withdrawn or the Bearer ejected, or credentials revoked, in the sole discretion of M-DCPS. If admission is refused or withdrawn, Bearer is ejected, or a credential is revoked, or if the game is cancelled and not replayed, the Bearer and/or Accredited Organization will not be entitled to consequential, incidental, indirect, exemplary, or special damages of any kind.

M-DCPS LICENSING IS DEVELOPING A NEW STANDARD FOR LICENSING, BRANDING, AND GENERATING REVENUE TO BENEFIT STUDENTS, SCHOOLS, AND LOCAL SCHOOL DISTRICTS.