LEGAL
In 2002, Burning Man's legal efforts have
grown right along with the scope of the event, our year-round efforts to connect
the community, and the increased attention we receive from the outside world.
The organization remains vigilant about
trademark issues surrounding the logo and use of the names "Burning Man" or
"Black Rock City" by outside entities. To prevent this form of exploitation,
we must enforce our trademark in all instances, which means keeping an ear
to the ground. During the year leading up to the 2002 event, members of the
legal and media teams dealt with around 100 trademark issues, from sales on
eBay to unauthorized videos to commercial events attempting to use the Burning
Man name.
Likewise, behind every professionally produced
Burning Man image, a legal contract lurks. From documentary filmmakers to
magazine photographers, each image or film made at the event by a professional
must have a legal contract in place to determine permission for its distribution.
In addition to the standardized on-playa media agreements we create each year,
the legal team negotiated individual distribution contracts for such projects
as the "Gifting It" documentary by Renea Roberts and Holly Kreuter's "Drama
in the Desert" book and DVD, both of which Burning Man now sells in our
marketplace.
Distribution of some projects or photos
is undesirable to the community and the organization. The legal team helps
to negotiate these situations, too. Our biggest effort in 2002 has been the
preparation and pursuit of an injunction against Voyeur Video for the unauthorized
distribution of videos containing nude imagery of participants at Burning
Man, obtained without permission. As of this writing, the case is moving into
its second phase, with Burning Man filing an amended complaint after being
denied its initial injunction against Voyeur Video, which was based on violation
of contract and of the privacy of participants. Our next step is the identification
of persons in the video to enlist their participation as co-plaintiffs in
order to strengthen our case.
In 2002, the legal-list was born as a
discussion list of Burning Man's volunteer attorneys and various staff members.
This forum provides an instant network of legal experts who can answer questions
and offer comments. The list also invites volunteer support for more in-depth
legal work as the need arises. This list has seen the discussion and resolution
of various legal topics, including border-crossing issues for Canadians bound
for Burning Man, the review of participants' law enforcement interactions
for Fourth Amendment compliance, and discussions of the various legal issues
facing the regional contacts program as it increases in scale and scope.
Burning Man is fortunate to have a wealth
of volunteer legal support in addition to the few advocates who are compensated
should we need to. We can seek advice from lawyers' expert in the tax, corporate,
liability, human resources, real estate, environment, criminal, and entertainment
fields, as well as First and Fourth Amendment rights, bankruptcy, and general
practice. Without the generous support of these legal eagles, Burning Man
would be left exposed and would likely be taken advantage of by those outside
our community. A number of issues face the legal team for 2003, not the least
of which is protecting participants' rights and keeping the organization solvent.
Submitted by,
Andie Grace, aka ActionGrl and Marian Goodell
Click here to read the 2001 legal report.