Section A — Scope of Capture

This Photo, Video, Audio Release Policy applies only when a Member voluntarily participates in activities that involve the recording, capture, or creation of photographic, video, or audio content by or on behalf of OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”).

 

A.1 Covered Activities

Recording or capture may occur in connection with OpenMic-related activities, including but not limited to:

• In-person or virtual events
   

• Productions, rehearsals, table reads, or creative sessions
   

• Promotional or marketing recordings
   

• Interviews, panels, or educational programming
   

• Digital participation, including livestreams, recorded virtual sessions, or remote collaboration tools
   

Capture may include still photography, motion picture video, audio recordings, or audiovisual recordings.

 

A.2 Voluntary Participation

Participation in any activity involving recording or capture is voluntary unless otherwise agreed in writing. Members are not required to participate in recorded activities as a condition of general membership.

Separate acknowledgment or acceptance of this Policy, or a program-specific release, may be required as a condition of participation in activities involving capture.

 

A.3 In-Person and Digital Environments

This Policy applies regardless of whether recording occurs in:

• Physical locations (such as venues, studios, or event spaces), or
   

• Digital or virtual environments (including livestreams, video conferencing platforms, online portals, or similar technologies)
   

 

A.4 Incidental Capture

A Member may be incidentally captured in the background of recordings made at OpenMic events or activities. Such incidental capture is considered within the scope of this Policy where the Member is present in a location or environment in which recording is reasonably apparent.

 

A.5 Future Media Formats and Technologies

The scope of capture under this Policy includes recordings made using current or future media formats, technologies, or methods, whether now known or later developed, provided such capture is consistent with OpenMic’s activities and this Policy.

 

Section B — Permitted Uses

Subject to the terms of this Policy and any separate written agreement, OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) may use, reproduce, distribute, display, perform, edit, adapt, and otherwise exploit recordings captured pursuant to this Policy for legitimate business and creative purposes.

 

B.1 Marketing and Promotion

Recordings may be used for marketing, promotional, and publicity purposes, including:

• Promotion of OpenMic, its programs, events, productions, or initiatives
   

• Advertising, promotional campaigns, or informational materials
   

• Trailers, teasers, highlight reels, or recaps
   

Such uses may occur across digital, print, broadcast, or other media channels.

 

B.2 Website, Platforms, and Social Media

Recordings may be used on OpenMic-operated platforms and channels, including:

• Websites and landing pages
   

• Member portals or dashboards
   

• Social media accounts and online profiles
   

• Digital newsletters, email communications, or press materials
   

Use may include editing, formatting, captioning, or adaptation for technical, accessibility, or presentation purposes.

 

B.3 Archival, Documentation, and Internal Use

Recordings may be retained and used for archival, documentation, educational, or internal business purposes, including:

• Historical records of events, productions, or programs
   

• Internal review, training, or evaluation
   

• Compliance, legal, or administrative recordkeeping
   

OpenMic is not obligated to use, publish, or retain any particular recording.

 

B.4 Creative and Editorial Use

Recordings may be incorporated into creative works or editorial content produced by or on behalf of OpenMic, provided such use is consistent with this Policy and any applicable agreements.

 

B.5 No Obligation to Credit or Compensate

Unless expressly agreed to in a separate written agreement, Members acknowledge that:

• They are not entitled to compensation, royalties, or residuals for permitted uses
   

• OpenMic is not obligated to provide attribution or credit
   

Nothing in this Section limits compensation or credit rights expressly granted under a separate agreement.

 

B.6 Medium, Territory, and Duration

Permitted uses apply worldwide, across all media formats, platforms, and distribution channels now known or later developed, and may continue indefinitely, subject to the revocation limitations set forth in this Policy and any applicable law.

 

B.7 No Endorsement Implied

Use of recordings does not imply Member endorsement of OpenMic or its activities unless expressly stated or agreed in writing.

 

Section C — Ownership and Rights

C.1 Ownership of Recordings

All photographs, video recordings, audio recordings, and audiovisual recordings captured by or on behalf of OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”) in connection with activities covered by this Policy (collectively, the “Recordings”) are the sole and exclusive property of OpenMic.

To the extent any rights in the Recordings do not automatically vest in OpenMic by operation of law, the Member irrevocably assigns to OpenMic all right, title, and interest in and to the Recordings, including all copyrights and neighboring rights, throughout the world, in perpetuity.

 

C.2 Grant of Rights and Waiver of Claims

The Member grants OpenMic the unrestricted right to use the Member’s name, image, likeness, voice, performance, appearance, and biographical information as embodied in the Recordings for the permitted uses described in this Policy.

The Member waives any claims arising out of or relating to the use of the Recordings, including claims for invasion of privacy, right of publicity, defamation, or misappropriation, to the fullest extent permitted by applicable law.

 

C.3 No Expectation of Compensation

Unless expressly agreed to in a separate written agreement executed by OpenMic, the Member acknowledges and agrees that:

• Participation in recorded activities is voluntary
   

• No compensation, royalties, residuals, or other consideration are owed in connection with the Recordings or their use
   

• No accounting or approval rights attach to the Recordings
   

Any compensation or credit must be expressly set forth in a separate written agreement.

 

C.4 Editing and Creative Control

OpenMic retains full creative control over the Recordings, including the right to edit, modify, combine, adapt, or alter the Recordings for creative, technical, or operational purposes, provided such use remains consistent with this Policy.

The Member waives any right to inspect, approve, or veto the final Recordings or their use.

 

C.5 No Transfer of Underlying IP

Nothing in this Policy transfers ownership of a Member’s pre-existing intellectual property to OpenMic, except with respect to the Recordings themselves.

Underlying scripts, concepts, or works owned by a Member remain the Member’s property unless otherwise agreed in writing.

 

C.6 Relationship to Separate Agreements

Where a Member has entered into a separate agreement governing compensation, credit, ownership, or use of recordings, the terms of such agreement shall control to the extent of any inconsistency with this Policy.

 

Section D — Opt-In Triggers

D.1 Release Required Only When Capture Occurs

This Photo, Video, Audio Release applies only when a Member voluntarily participates in an activity that involves photographic, video, or audio capture by or on behalf of OpenMic Perform Pro, LLC (“OpenMic,” “we,” “our,” or “us”).

General membership, platform access, or community participation does not, by itself, constitute consent to recording or use of a Member’s image, likeness, or voice.

 

D.2 Affirmative Consent as a Condition of Participation

When an activity involves capture, OpenMic may require the Member to provide affirmative consent to this Policy, or to a program-specific release, as a condition of participation. Such consent may be obtained through:

• Click-through acknowledgment
   

• Electronic signature
   

• Written release
   

• On-screen or in-platform confirmation
   

• Event-specific onboarding or check-in process
   

Failure or refusal to provide the required consent may result in exclusion from the recorded activity, without affecting the Member’s general membership status unless otherwise stated.

 

D.3 Program- and Event-Specific Application

Opt-in requirements may vary by program, event, or activity, including:

• Live events or productions
   

• Interviews, panels, or educational programming
   

• Promotional recordings or livestreams
   

• Virtual sessions or digital collaborations
   

OpenMic may apply different opt-in mechanisms depending on the context, medium, or sensitivity of the recording activity.

 

D.4 Incidental vs. Primary Participation

OpenMic may distinguish between:

• Primary participants, who are featured, interviewed, or directly recorded; and
   

• Incidental participants, who may appear in the background of recordings made in environments where recording is reasonably apparent
   

Separate or additional consent may be required for primary participants, while incidental capture may be governed by posted notice, event disclosures, or this Policy, consistent with applicable law.

 

D.5 Minors and Special Circumstances

Participation by minors or other individuals requiring special consent may be subject to additional requirements, including parental or legal guardian authorization, as determined by OpenMic and applicable law.

 

Section E — Revocation Boundaries

E.1 Limited Right of Revocation

To the extent permitted by applicable law, a Member may submit a written request to revoke consent for future uses of Recordings in which the Member is identifiable. Any revocation applies prospectively only and does not affect uses already made or committed to prior to OpenMic’s receipt and reasonable processing of the revocation request.

 

E.2 Uses Not Subject to Revocation

Revocation does not apply to, and OpenMic may continue to use, Recordings that:

• Have already been published, distributed, or incorporated into completed works
   

• Are included in archival, historical, legal, compliance, or documentation records
   

• Are part of materials reasonably relied upon by OpenMic prior to revocation
   

• Cannot be practically removed without undue burden, impairment of the work, or third-party rights
   

• Are subject to separate agreements granting broader or irrevocable rights
   

 

E.3 No Obligation to Recall or Remove

OpenMic is not obligated to recall, retract, or remove Recordings from third-party platforms, publications, or distributions beyond OpenMic’s reasonable control, nor to edit or alter existing works to accommodate a revocation request.

 

E.4 Process and Verification

Revocation requests must be submitted through the contact method designated by OpenMic and may require reasonable verification of identity. OpenMic will make reasonable efforts to honor valid revocation requests for future uses within a reasonable time, subject to operational, technical, and legal constraints.

 

E.5 Effect on Participation

Revocation of consent may result in limitations on future participation in recorded activities, programs, or events that require capture. Revocation does not entitle a Member to compensation, damages, or other consideration.

 

E.6 Separate Agreements Control

Where a Member has entered into a separate written agreement governing recording rights, compensation, or revocation, the terms of such agreement shall control to the extent of any inconsistency with this Policy.