We’re still all caught up in the madness of the month, but this memo from NESN to “Television and Radio Station Presidents, General Managers, News Directors, Sports Directors” in the city (and beyond) is worth a gander. [If that link fails you, the memo is also cut-and-pasted - or Borgesed, as we like to say these days - below.]

It appears that NESN (and the Sox to the largest extent, but the Bruins as well) are getting a bit more territorial with their teams’ video (and audio) distribution and usage rules.

Dated March 16 and sent from an un-titled sender, Heather Barraclough, the memo asks that any usage questions be directed toward ex-ESPNer Len Mead, NESN’s Director of Programming.

The memo, forwarded to Shots by a local TV type who was on the recipient list, is nothing less than a deliberate, preemptive strike against unauthorized usage of Red Sox and Bruins highlights by the local news gatherers/disseminators like Channels 4, 5, 7 and 25.

With a subject head of: “Policies and Requirements for Usage of NESN Content and Programming - Boston Red Sox & Boston Bruins Programming on NESN in 2007 - Games, Pre-Game Shows, Post Game Shows & SportsDesk Content,” the memo explains in its introduction that: “. . .In an effort to protect the exclusivity of NESN’s rights in its Coverage, NESN maintains the following policies that regulate the usage of footage from Red Sox and Bruins Games, and any use of NESN content and/or programming in accordance with this Memorandum is restricted to radio and/or television news. . .”

The memo forbids any usage of NESN highlights while a game is being aired on the Sox and Bruins’ flaghsip (NESN) and only allows limited usage after the “game window” and only with prior written consent - i.e. many hoops to jump through. (Locals may be able to skirt the issue if they can pull down out of market highlights, but that aspect is not entirely clear to us at this point. It’s unlikely that any fees will be assessed by NESN for usage because there’s no way anyone will be able to afford that type of thing. This is mostly about controlling when, where and how the moving images can be used.)

The memo, sent on Friday, also specifically mentions the prohibition of game highlights on “Internet, cell phones, wireless devices or any other electronic medium under any circumstances.”

It’s a loud and clear warning to the YouTube users of the world and every other “viral,” and mainstream, video and/or audio providers and it’s going to ruffle more than a few feathers.

So will some of the other restrictions spelled out in the legalese. For instance:

“. . . 7. All permitted excerpts for all Game video highlights must be accompanied by a video credit, “Courtesy of NESN” the entire time the footage is on the air, and all permitted excerpts for all Game audio highlights must be accompanied by a verbal credit, “Courtesy NESN.””

“. . . 10. NESN hereby reserves all of its rights and remedies at law and in equity in the event of any violation of the foregoing required policies.”

The rules are going to hamper the already-shrunken 10 and 11 p.m. newscasts’ sports segments (as well as highlight shows like CN8’s “Out of Bounds” or the “Mohegan Sun Sports Tonight on FSNNE.”)

Babbling Bob Lobel might have to revert to drawing Dice-K stick figures on a White Board to depict a highlight and Who’s Better Than Butchy Stearns will need to steal the FOX Sports Animation Robots to recreate the action.

It will go a long way in making NESN your Sole Source for Sox and Bruins highlights.

This is, in every way, shape and form, a HUGE powerplay that the Red Sox and NESN (and the Bruins, as if anyone cares) are about to undertake in an effort to lord over their content and ultimatley become the fans’ primary option (via TV, Web and other mediums) for coverage of the teams which own the Network and that provide the bulk of NESN’s original programming.

You have surely not heard the last of this and it will effect not only the TVs, but the local radios and who knows how many websites.

. . . And you know what? It’s well within the teams’ and NESN’s rights and probably,in all honesty, a bit overdue. (The new restrictions actually were quietly rolled out with the first Dice-K exhibtion outing this Spring Training.) It’s the same thing that NBC does with the Olympics (mostly) and very similar to how the NFL has begun to control its electronic content over recent months. These teams, leagues and networks are starting to see tributaries of their revenue streams and they need to proactively assert their rights in protecting their “product.” Giving it away free, especially while the game is still being broadcast, is no longer prudent or beneficial.

This will not be the last you hear of this, we can assure you.

. . . NESN Memo, cut and pasted (aka “Borgesed”):

NEW ENGLAND SPORTS NETWORK
480 Arsenal St, Building One, Watertown, MA 02472

MEMORANDUM

TO: Television and Radio Station Presidents, General Managers, News Directors,
Sports Directors

FROM: Heather Barraclough

SUBJECT: Policies and Requirements for Usage of NESN Content and Programming - Boston Red Sox & Boston Bruins Programming on NESN in 2007 - Games, Pre-Game Shows, Post Game Shows & SportsDesk Content

This Memorandum is to advise you in writing of NESN’s policies with which television and radio stations must comply in order to be permitted to reproduce, distribute, exhibit, perform and/or broadcast NESN Coverage of NESN produced and distributed Games, Pre-Game Shows, Post Game Shows and SportsDesk content and/or programming for the Boston Red Sox and Boston Bruins. Except for highlights which may only be used in news programs in accordance with the requirements in 1. and 2. below, no NESN content and/or programming may be used without NESN’s express prior written authorization as provided in this Memorandum. Any reference to NESN content and/or programming in this Memorandum applies to both Red Sox and Bruins content and/or programming of NESN.

There can be no broadcast or exhibition of the Coverage within the Broadcast Territory or of any portion of the Coverage in any platform, including without limitation, television and/or radio, by anyone other than NESN except as provided in this Memorandum. In an effort to protect the exclusivity of NESN’s rights in its Coverage, NESN maintains the following policies that regulate the usage of footage from Red Sox and Bruins Games, and any use of NESN content and/or programming in accordance with this Memorandum is restricted to radio and/or television news.

Accordingly, each television or radio station may only broadcast any portion of any Game and/or any other portion of NESN Coverage — even if audio and/or video footage or feed is supplied to the television or radio station by other broadcasters, cable casters or news services — in accordance with the following procedures:

1. Television and radio entities may broadcast up to (2) two minutes of permitted video and audio highlights (highlights being NESN telecast footage and/or audio feed from a particular Game) on a regularly scheduled radio or television news program only after the Game has been completed and NESN has commenced its Post Game Coverage (the “Game Coverage Window”) and only if such video and/or audio highlight has actually been telecast by NESN as described in 2. below. Collectively, highlights from all Games must not exceed (5) minutes within any continuous hour of news programming on any radio or television station. No usage of any highlight of any Game is permitted during the Game Coverage Window without express prior written authorization from NESN to be granted in NESN’s sole discretion.

2. Only video and audio highlights that have actually been telecast by NESN may be used by radio and television stations and entities for permitted highlight purposes in 1. above. Audio and video material obtained from NESN’s back haul, ISO reels or other satellite feeds that has not been telecast by NESN may not be used. No voices, names or likenesses of NESN announcers may be used at any time.

3. Except for the two minute segments of Game highlights that are permissible after the Game Coverage Window as provided under 1., a television or radio station wishing to use NESN produced and distributed Red Sox and/or Bruins content must contact NESN in advance in order to sign an agreement authorizing such usage. Footage authorization agreements must be finalized and executed in advance of any usage of footage by a television or radio station, and NESN will not authorize requests made on the same day as the requested Game.

4. No highlight of any Game (or any NESN content) may be used on the Internet, cell phones, wireless devices or any other electronic medium under any circumstances.

5. Content from NESN’s Pre-Game and Post-Game shows, including without limitation, “Red Sox Monster Mondays”, “Friday Night Fenway”, the “Olympia Sports presents the Boston Globe Pre-Game Show”, “Bruins Face-Off”, and “Bruins Overtime,” may only be used (a) after the particular Pre-Game or Post-Game show is completed and (b) with express prior written approval of NESN either for a one-time use or in a written agreement as to the terms and conditions for general use as described in 3. above

6. Content from NESN’s “SportsDesk” may only be used (a) after that evening’s show is completed and (b) with express prior written approval of NESN either for a one-time use or in a written agreement as to terms and conditions for general use as described in 3. above.

7. All permitted excerpts for all Game video highlights must be accompanied by a video credit, “Courtesy of NESN” the entire time the footage is on the air, and all permitted excerpts for all Game audio highlights must be accompanied by a verbal credit, “Courtesy NESN.”

8. All excerpts for Pre-Game, Post-Game or SportsDesk video content previously approved in writing in accordance with this Memorandum must be accompanied by a :03 video credit, “Courtesy NESN.”

9. All excerpts for Pre-Game, Post-Game or SportsDesk audio content previously approved in writing in accordance with this Memorandum must be accompanied by a verbal credit, “Courtesy NESN.”

10. NESN hereby reserves all of its rights and remedies at law and in equity in the event of any violation of the foregoing required policies.

Questions regarding film/videotape/audio usage rules, agreement and procedures and requests for written agreements should be directed to Len Mead, Director of Programming (617-REDACTED PHONE NUMBER; REDACTED EMAIL).