Sign this or you are terminated!

My company, like many other corporations requires all employees and contractors to sign an NDA agreement. Last week, the HR (Nazi) group wrote and circulated a new NDA that supercedes the previous one. The major difference, as stated in the excerpt below, gives the company absolute rights to use employees' images and video/audio recordings in any way they see fit forever. Does this seem like it's asking too much? So far I've refused to sign, but was warned that I'd be fired if I don't. What are your thoughts?

(g) I understand that as a part of my employment with the Company, while in the workplace, a photograph, video image or audio recording may be made of me, and I hereby give the Company absolute right to use photographs, visual video images and audio recordings of me for advertising, publicity, commercial or other business purposes. I hereby release (i) the Company, (ii) any of its associated or affiliated companies, (iii) the Company’s directors, officers and employees, (iv) its agents, (v) its customers, (vi) its vendors and contractors from all claims of any kind on account of such use.

[djmcmath]

Crazy thought -- can you remove that one segment from the agreement? That sounds pretty bad, to me. How much do you like this job?

[Superman]

Welcome to conservative capitalism. It's not about people and security. It's about corporations and money. And you're a tool.

You asked for it, you got it. Enjoy your beloved supercapitalism. And understand that it is getting worse, not better.

Dan, changing the agreement is not an option. Not at all attached to the company, planning to leave by the mddle of '05 anyway. I'm trying to hold on to it until we move back to TX (TX based company)cuz it will make the transition smoother.

Hey Jim, Down with the Man!!!!

[juanbenae]

i have had to sign a letter that says i will be at my employers (a city) becon if any sort of disaster hits. if during the middle of a work day, i cant leave work until they declare i can, if a disaster occurs after hours i have to report to work asap.

i signed it to keep my job too. if say a big quake hits again (CA) i would have to stay here at work while my house possibly is burning or being looted. i will determine if my biggest investment, my house, my animals and my 911 are worth my job should i ever have to make such a choice. i am as good as home jack, i have not armed and amoed up myself for nothing...

[lendaddy]

Mark,

It sounds like they will be doing some promotional stuff using in office shots. Ask them what the purpose is before you get too worried. If they were talking about things you produced under their employ beloning to them forever, well duh...

[juanbenae]

do they have any particular shots you might be concerned with? like when george from seinfeld had kramer take that roll of film for the photo girl he was found of ? i think kramers quote was "the timeless art of seduction"...

[singpilot]

I would make sure that with a hand gesture or a casual unzip, the picture is useless to them, (except to fire you, I guess). If you're gonna go, go in style!

[VenezianBlau 87]

Too bad you can't copyright your physical appearance and voice.

Probably gearing up for the Christmas party bloopers tape.

I'd keep a jaundiced eye out for toilet cams...

[Superman]

I know you guys are loyal to your beloved freedom-of-commerce thing, and that you imagine that this "freedom" is real freedom. Nevermind that it is the commercial entities you favor freeing, which is going to place greater limits on personal freedom. And that's the difference. You see, I imagine (I understand how crazy this sounds to you) freedom for PEOPLE. If Aristotle was right and it's all about happiness, then unchained capitalism is not in the best interest of society.

But you guys go ahead and defend the authority of these sociopathic corporations to interfere in personal liberties any time they imagine that it might increase their profits. And sign those agreements.

I have never signed such an agreement, though several have been placed before me. Further, in the event of a natural disaster, you will find me with my family. I'll chop wood and grow my own food before I'll serve another Master.

To each his own. There are wild horses and there are lemmings. Lemmings sign.

[Burnin' oil]

Doc,

I've seen photos you've posted and I don't think your employer intends to use YOU as a corporate image. I imagine that the release is for the off chance that your mug is incidental to a publicity shot. Big deal. You've already given up so many rights, what's one more . . .

[techweenie]

Being threatened with termination constitutes duress. Courts will overturn agreements signed under duress.

Get in writing that you will be fired if you don't sign -- or at least in e-mail.

Chances are you will never feel it necessary to deny them use of an image of you, but if you do, you probably can -- at some expense, and almost certainly at the cost of your job.

The CEO is requiring video equipment be installed in the new centers that I'm currently building, so no nose-picking shots as of yet. It was explained to me that video of the operating buildings (and the people in them) may be used in presentations and or promotions.

My two concerns with this is their ability to use any material AFTER I leave employment, but more importantly that "I hereby release(i) the Company, (ii) any of its associated or affiliated companies, (iii) the Company’s directors, officers and employees, (iv) its agents, (v) its customers, (vi) its vendors and contractors from all claims of any kind on account of such use." This is pretty broad and it sounds to me like employees, contractors, etc that want to use an image/recording have free reign to do so without consequenses. Am I reading this wrong?

Tech, That's a good point. I've thought of signing it with a note stating that it was signed under the threat of termination. The email should come through shortly with the consequenses stated. I do know that I'm not the only holdout.

[Moneyguy1]

Back to the days of the robber barons and a peek at "Virtual" slave labor......

"1984" has arrived twenty years late.

[speeder]

Now if we could just get rid of the last of those stinking unions and somehow replace your ass w/ a 12 year old from Malasia who has never heard of a lawyer and will sign anything.

Sounds like you need some advice from a liberal, Mark. Can you sue the piss out of them? There is nothing more satisfying in this world than sueing the piss out of some company that really deserves it, and thereby setting a legal precedent that prevents other employees from being exploited in the future. You could be richer and (sort of) a hero at the same time.

Not saying that it's legally possible, (I don't even play a lawyer on TV), but that would be the happiest ending IMO. Bastards.

[lendaddy]

Sup, you make me laugh You gots some issues man if this is a earth moving event for you. Anyway, the company is obviously doing some promotional material and will be using some actual company shots (egads!). They are trying to protect themselves from having spent $xxx on the materials only to have someone like Sup come back two years later and say "if you want to keep my image on your flyer it'll cost ya $1,000,000". That's it I'm sure and they are just covering their ass from trial lawyers. That being said, Mark, I wouldn't wan't to be in any either and I'm sure I could see to it I wasn't.

[Superman]

It's just possible that this company has worded this release in such a way as to give them unbridled rights to your image at work, without regard for what your interests might be. It's not a statement that was negotiated, I think. And in a time of high unemployment (for those of us who are not in statistical denial), companies just feel like they can do what they like.

Companies have also found the cute trick of hiding cameras around the work place. For "security" reasons. Here's a hint: It's not your security they are protecting. The agreement passage above would seem to me to allow the company to use images for any business purpose including performance analyses, theft and espionage investigation, etc. Companies are finding that digicams and drug testing are cheaper and easier than real management of operations. Let's call it Management American Style.

When you sign, ask about the company logo tatoo and the obedience collar.

[speeder]

What if I give you a job playing the commie in the TV series that I'm writing, and suddenly your image is worth big bucks?? Now they can use it for free forever because you signed some ass-wipe agreement under the threat of losing your livlihood?

Fug that.

Burnin oil is correct. I ain't that pretty.