[Rosalie Fay Barnes is a consultant for the Burning Man Project, facilitating the review of current media documentation and legal policies. She also consults with Black Rock Solar, helping to develop k-12 educational materials around climate change, environmental law, and disaster responses. Rosalie earned a double Masters from the Harvard Graduate School of Education focusing on technology and cognitive development, where she worked extensively with Harvard Law School’s Berkman Center for Internet & Society, a digital rights think tank. To contact her and/or to inquire about blogging for the Digital Rights Series, email firstname.lastname@example.org.]
As you may have read in the blogosphere, the Burning Man Project has been undergoing a review of legal terms related to media documentation at the event (for media references, see the link list below). And while the goal of this effort is to determine the specific legal language on the ticket and Burning Man’s Terms and Conditions, it’s really about accurately reflecting the culture and community of the Burning Man event.
Should certain on-playa activities (such as the Critical Tits Ride, for instance) be camera-free events? Should photographers be able to make a profit by selling their Burning Man photographs? If so, how much? What framework best facilitates every participant’s right to enjoy “radical self-expression” on playa in this regard? These questions are just the start of the conversation, and it’s certainly true we’ve seen quite a diversity of impassioned opinions being expressed around this highly complex, nuanced issue. (And it’s no wonder: one needn’t extrapolate too far to see how these considerations have resonance in the real world, as the dynamics of digital media are evolving quickly with advancements in technology, cyberlaw, and socio-cultural norms.)
Over the coming months, we will continue to dialogue with photographers, theme camps, artists, interested participant groups, Creative Commons and the Electric Frontier Foundation (EFF) in order to improve our policies for the present and for the future. We will be talking (if not facilitating public discussions) about this process at the Burning Man event, at the Open Video Conference in New York City (Oct 1-2, 2010), and other locations to be announced.
At the same time, we want to engage in an ongoing public dialog — a Debate in the Dust, if you will — through this blog series, featuring a diversity of representative voices sharing their perspectives on various aspects of this multifaceted issue. It should be noted that the perspectives expressed in these posts don’t necessarily reflect those of the Burning Man Project. Instead, we intend this Digital Rights blog series to be an arena for a thoughtful discussion within our community and beyond. We invite all readers’ commentary, and request that comments be constructive in nature while adhering to our Comment Policy. Thank you for contributing to the ongoing evolution of the Burning Man project!
Wired Article: Burning Man Rethinks Its Legal Ownership of Your Photos
Burning Blog Post in Response to EFF Critiques, by Andie Grace
Electronic Frontier Foundation: Tell Burning Man To Respect Your Digital Rights
Electronic Frontier Foundation: Snatching Rights on the Playa
Boing Boing Commentary
Burning Blog Post by John Curley