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Originally Posted by pornlaw
LOL... Mastercard doesn't care about your model release. A model you shot yesterday could theoretically request that the content be taken down as soon as it goes up...
If you want to arbitrate your made up clause in your model release be prepared to spend $20,000+ to do so... arbitration isnt cheap.
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That virtually ensures that any take down request will be honored. In a typical legal dispute, the court will order the losing party to pay all legal fees and expenses. But with these new MC rules, win or lose, the Merchant pays.
Even if there is a fully legitimate model release that irrevocably transfers 100% interest in ownership of content to the content producer or their assignees and irrevocably grants consent to the content producer or their assignees to use, publish, distribute and sell the content and any derivative works, in any way, in any format now known or created in the future, the arbitration will still cost the content producer, content owner or merchant ~$20,000.
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3. The Merchant must offer the ability for any person depicted in a video or other content to appeal to remove such content. Once triggered, the Merchant must, through a reasonable process, confirm that the appropriate consent was obtained, including as required above. If consent cannot be established, or if the person depicted in the content can demonstrate that the consent is void under applicable law, the Merchant must remove the content with immediate effect. If the Merchant disagrees that consent is void under applicable law, the Merchant must allow such disagreement to be resolved by a neutral body, at the Merchant’s expense.
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