Well that and jk has NEVER let facts get in the way of his trolling - ever. - Clemson Football Forum

Mascot [21]

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Re: CU (and FSU) has a weak case

Mar 21, 2024, 8:20 PM

This is why Clemson's case is so terrible:

1. Grant of Rights. Each of the Member Institutions hereby (a) irrevocably and exclusively grants to the Conference during the Term (as defined below) all rights (the “Rights”) necessary for the Conference to perform the contractual obligations of the Conference expressly set forth in the ESPN Agreement, regardless of whether such Member Institution remains a member of the Conference during the entirety of the Term and (b) agrees to satisfy and perform all contractual obligations of a Member Institution during the Term that are expressly set forth in the ESPN Agreement. The grant of Rights pursuant to this paragraph 1 includes, without limitation, (A) the right to produce and distribute all events of such Member Institution that are subject to the ESPN Agreement; (B) subject to paragraph 7 hereof, the right to authorize access to such Member Institution’s facilities for the purposes set forth in and pursuant to the ESPN Agreement; (C) the right of the Conference or its designee to create and to own a copyright of the audiovisual work of the ESPN Games (as defined in the ESPN Agreement) of or involving such Member Institution (the “Works”) with such rights being, at least, coextensive with 17 U.S.C, 411(c); and (D) the present assignment of the entire right, title and interest in the Works that are created under the ESPN Agreement. Notwithstanding any other provisions of this paragraph, the grant of Rights pursuant to this paragraph 1 shall not include any rights of a particular Member Institution to sports as to which the Conference and such Member Institution have agreed, as of the date of such Member Institution’s execution of this Agreement or a joinder thereto, that such Member Institution will not participate as a member of the Conference. The grant of Rights pursuant to this paragraph 1 shall remain subject to the right to produce and distribute, by means of specified media, those events of such Member Institution during the Term which are reserved to the Conference and the Member Institution under the ESPN Agreement and which may be exercised as permitted by the ESPN Agreement and in accordance with Conference policy. Each Member Institution will cause any affiliated entity which has previously been granted any interest in the Rights, to grant such interest to the Conference to the extent necessary to allow the Member Institution to fully perform all of its obligations under this Agreement and provide the Conference with the Rights contemplated hereby.

2. Copyright Assignment and License. The Conference and each of the Member Institutions acknowledge that the Conference owns or will own the copyrights to the Works. Each Member Institution hereby grants to the Conference or its designee the right to create a copyright Work and, for the entire duration of the applicable event, the copyright in such Works, The Conference shall have the right to seek relief under 17 U.S.C. 411(c) for any interference with the Conference’s federal copyright ownership interest in the Works created and/or Works to be created under the ESPN Agreement. Each Member Institution agrees to cooperate with the Conference in any such action, but at the Conference’s sole expense. The rights assigned in the Works include, but are not limited to, all rights under the United States and/or foreign copyright laws; all reproduction, performance, display, distribution, and other intellectual property rights; the right to modify, distort, or alter the Works and future Works; and all so-called moral rights, To the extent moral rights may not be assigned, each Member Institution hereby waives the benefit or protection of same.

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Your analogy is flawed on multiple levels. The GOR contract representing media rights signed by members of the conference is nothing like a personal home mortgage. A mortgage is an agreement between you and a financial institution to provide the capital required for purchasing a property. The terms dictates how much you will repay the institution and over what period of time. You can pay off the agreement early, usually without penalty by obtaining a new mortgage or via other means.

The GOR that Clemson and other members of the ACC signed allowed the ACC to negotiate on their behalf a media agreement with third party providers; ESPN in this case for a certain sum of money per year over a specified time frame. There are legal avenues which can be pursued to break the GOR or invalidate sections of the GOR, which is what Clemson appears to be pursuing. Their lawsuit does not ask for permission to leave the conference, it simply asks a court to determine whether or not Clemson ultimately owns the rights to their own events and that upon exiting the conference the ACC would no longer be entitled to any of the money generated, and second, that the exit fee is unreasonable to the point of forcing a school to remain a member because of the exorbitant amount.

This is based on the actual wording of the lawsuit Clemson filed in Pickens County - not based off of what members of this board have speculated.

CU (and FSU) has a weak case

I agree 100%.

this is not hard to understand, but you seem to refuse ...

Re: this is not hard to understand, but you seem to refuse ...

Re: this is not hard to understand, but you seem to refuse ...

Re: this is not hard to understand, but you seem to refuse ...

Re: this is not hard to understand, but you seem to refuse ...