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Speaker Agreement on Terms of Ownership of Content
These Speaker Agreement Terms on Ownership of Content (the “Terms”) apply to the content of the presentation, including hand-outs, slide content, graphics, syllabus materials, and audiovisual or audio clips (the “Presentation”), at any NANOS-sponsored event, whether in-person, virtual, or hybrid (the “Event”), and to any individual speaker or group of speakers, whether NANOS member or non-member and whether volunteer or paid (the “Speaker”). These Terms supersede any other agreement about the content of the Presentation by the Speaker at the NANOS Event and are deemed incorporated into any later agreement about the Presentation, unless expressly modified in writing by NANOS and the Speaker.
The Terms are divided into two sections:
(A) the Speaker’s obligation to respect the ownership of content from others; and
(B) allocation of rights in the Presentation at the NANOS Event.
The parties agree that these Terms do not create an obligation for NANOS to use the Presentation at a NANOS-sponsored event, and that NANOS may cancel or decline to use the Presentation at any time in its sole discretion, including if it determines that use of the Presentation may be harmful to its reputation, does not further its mission, may create the appearance of a conflict of interest, or for any other reason.
A. Respecting the Ownership of Content from Others
A-1. NANOS encourages the Speaker to be professional, authoritative, and accurate -- but also creative, passionate, and engaging -- in the Speaker’s Presentation. At the same time, the Speaker is legally obligated to respect the ownership of content from others that the Speaker incorporates into the Presentation. Not only the Speaker, but also NANOS, are put at legal risk if the Speaker fails to do that.
A-2. The Speaker therefore warrants that the Presentation will not include any content that violates, or infringes upon, any copyrights, trademarks, trade secrets, patents, personal privacy rights, data privacy rights, or any other intellectual property rights of any kind of any third parties, that the Presentation is factually accurate, to the best of the Speaker’s knowledge, and that the Presentation contains no content that is defamatory, harassing, or otherwise violates other rights of any third parties. The Speaker understands that there is no educational-setting exemption from infringement applicable to the NANOS-sponsored Event.
A-3. Accordingly, the Speaker warrants that all text, graphics, charts, photos, drawings, video, audio, including music, or any other content incorporated into the Presentation will be: (a) created by, and owned by, the Speaker, (b) subject to written permission from the owner to the Speaker authorizing its use in the Presentation, or (c) in the public domain (as defined in the US 2 Copyright Act), unless use of the content does not constitute infringement because it is a fair use under the US Copyright Act.
A-4. If the Speaker believes any content is protected under the fair use exemption (such as quoting briefly from another’s work for the purpose of criticism), the Speaker will specify the part of the content at issue when providing it for NANOS review, including the Speaker’s basis for
characterizing it as within the fair use exemption. The Speaker agrees not to use that content in the Presentation if NANOS requests that it not be used.
A-5. In particular, and without limitation, the Speaker will not use video, music, or other audio content in the Presentation unless: (a) the Speaker has obtained written permission from the owner of the video, music, or other audio content to the Speaker authorizing use of the video, music, or other audio content in the Presentation, or (b) the video, music, or other audio content is in the public domain.
A-6. Where the Speaker has obtained permission to use content owned by others, the Speaker warrants that the use of that content in the Presentation will not exceed the scope of the permission, or violate any conditions, or exceed any limits, incorporated into the permission.
A-7. The Speaker understands that it is the Speaker’s own responsibility to obtain any required permission or authorization to use the content of others; NANOS will not assist or advise in that effort. Each Speaker will be responsible to assure that they themselves, and all others in any group Presentation, comply with these terms on use of content owned by others.
A-8. The Speaker will provide the full content of the Presentation, including hand-outs, no later than the date indicated in the meeting timeline or other direction from NANOS. Failure by the Speaker to comply may result in the Speaker being removed from the program for the NANOS-sponsored event.
B. Rights in the Presentation
B-1. The Speaker will own all rights, including but not limited to all intellectual property rights, in the Presentation except that the Speaker grants to NANOS an unlimited, permanent, nonexclusive, royalty-free license to all rights to the Presentation, including any hand-outs and syllabus materials, under which NANOS may, at its discretion, copy, record, transcribe, publicly perform, publicly display, translate and use all or any part of the Presentation in the form provided by the Speaker or in any derivative form and in any media and format, whether now known or later developed, including for commercial exploitation but, in any event, with attribution to the Speaker.
B-2. The Speaker authorizes NANOS to use the Speaker’s name, image, voice, credentials, and biographical information provided by the Speaker in connection with the use and promotion of any aspect of the Presentation and the marketing, publication, advertising, and related products and services of NANOS, including through social media tools. The Speaker warrants that the Speaker has full power and authority to grant this release and license.
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