SCTV Producer Agreement Text
The text below represents the understanding we seek with member producers. It is based on standards adopted by community media centers around the U.S. Please read it, then fill out and submit the SCTV Producer Agreement Form. The form is based on your unique email address for your formal acceptance of the agreement. Fill it in and submit.
As the producer, I certify that I am a member of SCTV and meet one of the user eligibility criteria in the form. I understand that false or misleading statements made in this agreement or any other document submitted to SCTV are grounds for forfeiture of the right to use SCTV channel space, facilities, and equipment.
I understand and agree that any production I create with SCTV equipment or facilities, regardless of its telecast on SCTV or online distribution over SCTVMC.org, is created independently and of my own volition. I am not an employee or an agent for SCTV, and any connection I have with SCTV is limited to that arising from my membership in SCTV. Further, I hereby accept full responsibility for, and I hold harmless and indemnify SCTV, SCTVMC.org, and the Town of Salisbury from any and all liability of any type that may result from my production and its telecast on SCTV. The provisions of this agreement are declared to be separate and severable. Any waiver of this agreement shall not waive the same or any other provision of this document.
Program material that I will record and/or submit for cablecast will not contain any of the following:
Material primarily designed to promote the sale of commercial products or services.
The solicitation or appeal for funds for any purpose (unless specifically authorized by SCTV).
Material that constitutes or promotes any lottery or gambling enterprise.
Obscene material, which is defined by the U.S. Supreme Court in Miller v. California, 413 u.s. 15, 24 (1974): “a work which, taken as a whole, (1) appeals to the prurient interest, (2) depicts or describes sexual conduct in a patently offensive way, and (3) lacks serious literary, artistic, political, or scientific value.”
Material that constitutes libel, slander, invasion of privacy or publicity rights, unfair competition, violation of trademark or copyright, or that might violate any local, state, or federal law.
“Hate speech” or “fighting word,” which are defined by the U.S. Supreme Court as ‘those, which by their very utterance inflict injury or tend to incite an immediate breach of the peace.’”
I have obtained or, before the program material is cablecast, will obtain all required approvals, clearances, appearance releases, licenses, etc., for the use of any program material I submit for cablecast, including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers’ representatives, all persons appearing in the program material, and any other approvals that may be necessary to transmit program material over the channels managed by SCTV.
I agree to grant to SCTV non-exclusive unlimited rights to cablecast on cable channels administrated by SCTV any program I submit. This right also extends to SCTV's Video on Demand service over the Internet, and may extend to streaming over other on-line media such as YouTube and/or Facebook. SCTV may retain the media I submit or copies thereof. I understand that SCTV is not responsible for loss of or damage to any such media I submit.
I agree to indemnify, defend and hold harmless SCTV, Comcast Communications, the Town of Salisbury, and their respective directors, officers, agents, and employees from and against any and all claims or other injury (including reasonable cost of defending claims or litigation) arising from or in connection with claims of loss or damage to person or property arising out of the failure to comply with the SCTV policies and procedures, any applicable laws, rules, regulations, or other requirements of local, state, or federal authorities, for claims of libel, slander, invasion of privacy, personal injury, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or equity which claims result from the use of SCTV channel space, facilities, equipment, or other resources.
I agree that I shall not represent myself or any other person involved in public, educational, or government access programming activities as an employee, representative, or agent of SCTV.
In my use of SCTV channels, equipment, facilities, or resources, I agree to comply with all applicable rules and regulations of federal, state, or local governments and all other regulatory agencies, including the Federal Communications Commission.
I agree to pay the costs for any repair of replacement of equipment or materials resulting from damage, misuse, or theft while such equipment or materials are in my possession or control, normal wear and tear excepted.
I have read and understand the policies relating to the use of SCTV channel space, facilities, or equipment for any financial gain or other commercial purposes set forth in the SCTV policies as published on the Website at www.SCTVMC.org. I understand that programming produced using SCTV equipment or facilities in compliance with these provisions must be cablecast at least once on a channel managed by SCTV.
This agreement is non-transferable.