VANOC 2010

In November I became aware of a concern in the community about language in a VANOC contract.  At the time I had this to say:
There has been much discussion (and misinformation) in the media of late about a clause in a performance rider/agreement between VANOC and artists participating in the Cultural Olympiad.  It states that:  "The artist shall at all times refrain from making any negative or derogatory remarks respecting VANOC, the 2010 Olympic and Paralympic Games, the Olympic movement generally, Bell and/or other sponsors associated with VANOC."   Many of you are understandably concerned. I have reviewed the provision and, as many of you know, have spent considerable time dealing with contractual issues with and for the arts community. The provision is likely unenforceable.  It is overbroad and vague and, as VANOC is discovering, subject to wildly different interpretations, not to mention a likely violation of freedom of expression. The commercial rights that the provision is aimed at are well protected by the Olympic and Paralympic Marks Act. This Act specifically excepts artistic expression. I recommend that VANOC re-evaluate its position.  Indeed as Bill Cooper said at our workshop on the Olympic Marks Act in October 2008 you can watch his comments at vimeo.  If you have any questions let us know.