The ProvenanceProgram

for athletes, tribal nations, community health boards, athlete representatives, cultural collections, and research review boards

Learn who holds your data and what you can do about it. On your own agreements.

Phazur Labs · Program

Where does it apply?

The method works on the position, not the sport or the science. Different situations lose control in different places, and each place gives a warning first.

01Where

  • College athletics

    Likeness, biometrics, and performance telemetry, collected under school and conference terms.

    Common stall — the second deal, when the first agreement's usage grant turns out to have no end date.

    See how it runs for college athletics
  • Professional & national team

    Collective agreements, wearable programs, and league data distribution.

    Common stall — renewal, when the clause that covered a practice tracker now covers a betting feed.

    See how it runs for professional athletes
  • Tribal nations

    Research conducted on citizens, on land, or with tribal resources.

    Common stall — a study you never approved, reviewed by a board in another state under a rule you didn't know applied.

    See how it runs for tribal nations
  • Community health & biobanks

    Samples and records given for one purpose, sitting in a repository under another.

    Common stall — the original consent, when nobody can produce the form the participants actually signed.

    See how it runs for community health
  • Cultural collections

    Holdings at museums, universities, and agencies, with an obligation to return.

    Common stall — the transfer, when a collection moves to a new institution and the obligation doesn't follow it cleanly.

    See how it runs for collections
  • Dual standing

    An athlete who is also a citizen of a nation, where personal rights and collective rights meet in one deal.

    Common stall — the brand story, when what gets licensed is the culture and what gets paid is the individual.

    See how it runs for dual standing

Why Provenance?

02Why

Provenance is the record of who held a thing, when, and under what authority. Museums run on it. Research records run on it. So does every data agreement you have already signed — except nobody built you the record.

Most people negotiate data terms on trust. Trust is often warranted, but it can't be checked, handed to a successor, or produced two years later when a counterparty is acquired and the terms travel with the asset.

Provenance is a method that leaves something behind. Ten steps, six documents, two live actions. You work your own agreements from the first session. There are no case studies and no hypotheticals.

Where does it sit?

Provenance covers the position you take into a negotiation, and then hands off. It does not replace your lawyer, your agent, or your general counsel. It decides what they are arguing for.

03Placement

  1. Provenance

    Establish

    Who holds it, under what authority, and what would you accept?

  2. Stage 2

    Negotiate

    Counsel, agents, and representatives working the actual terms.

  3. Stage 3

    Execute

    Signature, and the obligations that attach.

  4. Stage 4

    Monitor

    Audits, renewals, and the successor question.

  5. Stage 5

    Renew or exit

    Revocation, repatriation, or better terms.

What Provenance does

Everything before the term is agreed — the inventory, the instrument each holding rests on, the standard the clause should meet, and the price. It also sets the condition for walking away, before anyone is invested in the deal.

What Provenance doesn't

Legal drafting, tax structuring, entity formation, or representation in a negotiation. Those are their own disciplines with their own licenses, and this program's job is to make sure they're pointed at the right term.

The two live actions are a real request and a real ask, run during the program rather than after it — while a wrong answer is still cheap.

How does the method work?

Ten steps, in order. Each is answered in writing, and the writing is what you keep. The first five map what exists. All ten build a position.

04Method

STEP 01Write down what's yoursThe scope, before anything is searched.

The claim is written and frozen first, so what you find can't quietly widen or narrow the question you were asking.

"My data" is not a scope. "Biometric and performance data collected by the athletic department and its vendors between 2023 and now" is a scope, because you can tell when the list is complete.

Runs on — your own account of it

Produces — the top of The Holder Map

STEP 02List who holds itNot who you gave it to. Who has it now.

Every party in the chain: the counterparty you signed with, the vendor they use, the platform behind the vendor, the buyer of the aggregate. Most participants find holders they never knew existed, because the transfer happened under a clause they didn't read.

Runs on — the agreements you already have

Produces — The Holder Map

STEP 03Get the terms in writingAsk, and keep asking.

Public records requests to state schools and agencies. Access requests to companies. Holdings inquiries to institutions. Everything filed, tracked, and escalated on a schedule rather than sent once and forgotten.

An unanswered request is not a dead end. It is a dated record that you asked, which matters later.

Runs on — MuckRock · DocumentCloud · access-request templates

Produces — The Request File

STEP 04Mark each holding by instrumentProperty, jurisdiction, or contract.

Three kinds of claim, and they are not equally strong. Name, image, and likeness is property in most states — assignable, licensable, enforceable. A nation's authority over research on its citizens is jurisdictional. Biometric data is usually neither, which is why it lives or dies on the clause.

Every row on the map gets one of the three, and everything after depends on which.

Runs on — the statutory leverage map

Produces — The Instrument Grid

STEP 05Check where the authority came fromWho approved this, under whose law?

Someone signed off. A consent form, a review board, a conference rule, a collective agreement. Find the document and read who had standing to give it.

This is where communities most often discover a study approved by a board with no relationship to them at all.

Runs on — review board registries · the original consent

Produces — the authority column

STEP 06Name where control breaksIt rarely disappears. It leaks.

Successor clauses, sublicense rights, aggregation, de-identification, and the quiet expansion of "research purposes." Each has a warning that shows before the loss, and a place where that warning shows.

Three most likely get named for your situation, with the warning and where to look for it.

Runs on — the clause library

Produces — The Watchlist rows on The Standing Order

STEP 07Set the standardYour clause against the best clause anyone got.

The ceiling exists and it is documented. The NBA's collective agreement bars commercial use and public release of player data, and fines a team $250,000 for raising biometric data in a contract negotiation. MLB permits in-game wearables only voluntarily, limits access to a handful of staff, and lets a player revoke without penalty.

Your clause gets read against that, line by line, and the gap is the ask.

Runs on — the clause library · Claude Projects

Produces — The Standard

STEP 08Mark the materialAttach the terms to the thing itself.

Labels and protocols that travel with the data rather than sitting in a filing cabinet. Traditional Knowledge and Biocultural Labels attach to datasets, publications, collection items, and genetic samples. Cultural protocols set access at fine grain inside the system that holds the material.

A term nobody can see at the point of use is a term that gets forgotten.

Runs on — Local Contexts Hub · Mukurtu CMS

Produces — labels applied and recorded

STEP 09Price accessScope, duration, use, sublicense, successor.

Five things, every time. What they get, for how long, for what purpose, who else they can pass it to, and what happens if they're bought.

The right to refuse is the only thing that prices anything, so what you would accept and what you would walk from both get written before the conversation.

Runs on — The Standard · your own terms

Produces — The Term Sheet

STEP 10Write down what happens at renewalDates, triggers, and a name beside each.

Audit rights, revocation conditions, expiry, and who checks. Set now, this is a schedule. Set later, it is a scramble.

Runs on — your calendar

Produces — The Standing Order

What do you actually use?

Six tools, all taught in the room on your own material. Most are free.

05Tools

Claude Projects steps 07 · 09

A workspace holding your full document set, so every clause test runs against all of it at once instead of one file at a time.

MuckRock step 03

Filing and tracking public records requests across a database of nearly 22,000 agencies, with an archive of more than 120,000 prior requests you can read and copy from. Public universities and state agencies are reachable this way.

DocumentCloud step 03

Annotation and OCR for the paper: scanned consent forms, faxed contracts, archived correspondence.

Access-request templates step 03

Statutory rights vary by state and by what kind of party holds the data. Which one you use decides what comes back.

Local Contexts Hub step 08

Where communities customize Traditional Knowledge and Biocultural Labels and institutions generate Notices, embedding provenance and permission into the data infrastructure itself rather than alongside it.

Mukurtu CMS step 08

Free and open source, built around cultural protocols that set access by community values, with export that preserves protocols and metadata intact. More than 600 Indigenous groups have used it.

One decision we teach rather than make. Putting sensitive community material into a commercial AI service is itself a sovereignty decision. Local Contexts and Mukurtu exist because the default infrastructure was not built for it. We show you where the line sits. You draw it.

How is a claim actually tested?

The first nine steps tell you what you should be able to do. Only doing it tells you what you can. Every participant runs two live actions during the program.

06Actions

ACTION 01The RequestDoes anyone answer?

One real request, filed to a real holder, with a real deadline. A records request to a public university. An access request to a wearable company. A holdings inquiry to an institution.

Written down before it goes: what a full response means, what a partial response means, and what silence means. Three outcomes, defined tightly enough that none can be reinterpreted when the envelope arrives.

Typical — filed in session two · answered between sessions three and four

ACTION 02The AskWhat happens when you raise it?

One term, taken to one real counterparty. Not a renegotiation of the whole agreement. One clause, with the standard behind it and a stated alternative.

The point is not to win it. The point is to find out how the room responds when you arrive with a document instead of a feeling — because that answer shapes every negotiation after.

Typical — prepared in session three · run before session four

Run separately and on purpose. A holder can answer a request fully and still refuse every term. A counterparty can agree to a term while a different holder ignores you entirely. Testing one and assuming the other is how a cycle disappears.

What gets produced?

Six documents. Filled in for the holdings you work, blank for everything after. Each one is written to be handed to someone.

07Artifacts

DOCUMENT IThe Holder MapEveryone who has it, and under what.

One row per holder: what they hold, when they got it, the instrument, the term, and the expiry. Including the ones you found downstream and never agreed to.

Hand it to — your counsel, your agent, your council, before any negotiation

DOCUMENT IIThe Instrument GridWhich claim applies, and how strong it is.

Property, jurisdiction, or contract, marked per row, with the statute or authority named beside it. The weak rows stay visible rather than being quietly dropped, because knowing where you have nothing is half the position.

Hand it to — whoever will argue it

DOCUMENT IIIThe Request FileEvery ask, dated, with what came back.

Requests filed, responses received, escalations sent, and silence recorded. Dated throughout.

This is the document that turns "they never told us" into a record. It is also the one that most often produces the holder nobody knew about.

Hand it to — anyone who asks how you know

DOCUMENT IVThe StandardYour clause against the best clause.

Line by line, your terms beside the ceiling, with the gap named. Not a wish list. A comparison to language that exists in a signed agreement somewhere.

Hand it to — the person going into the room

DOCUMENT VThe Term SheetWhat access costs and on what conditions.

Scope, duration, permitted use, sublicense limits, successor obligations. Plus the two lines that matter most: what you would accept, and what you would walk from.

Hand it to — the counterparty, when they ask what you want

DOCUMENT VIThe Standing OrderDates, triggers, and who checks.

Renewal dates, audit windows, revocation conditions, and the warnings from step six — each with a name and a frequency beside it.

Not a filing. A schedule. It gets read on a calendar, which is why you find out early instead of at renewal.

Hand it to — the person who holds the calendar, and then their calendar

How is it taught?

Four sessions. You work your own agreements in all of them.

08Teaching

Session one — Inventory

Everything you can find, mapped. Holders named, instruments marked, gaps listed. Most participants have never seen the whole picture on one page, and this is the picture everything after gets compared to.

Session two — Requests

Every request that should exist gets drafted and filed. Public records, access requests, holdings inquiries. You leave with them sent and a tracking schedule.

Session three — Standard and terms

Your clauses read against the ceiling. The gap named. The term sheet built, and the ask prepared and signed off before anyone raises it.

Between sessions — the request is answered and the ask is run

Session four — Independent

A second relationship, worked by you alone. The faculty examines it afterward, hard, with nothing on the table. The request response and the ask result come back during this session.

Session one tells you whether the rest is worth it.

Everything you can find about who holds your data, on one page, in one sitting. If that page doesn't show you something your current process missed, you'll know in week one.

How can we work together?

Three ways in. Most start with the first.

09Formats

Most common

Cohort program

Four sessions with three or four other participants who are not negotiating against each other.

  • 2–4 people from your side
  • Your own agreements, from session one
  • Both live actions run during the program
  • Peer review continues after

Single organization

Private program

The same four sessions, run for one nation, team, or organization, scheduled against your own review or negotiation cycle.

  • Larger groups, multiple departments
  • Nothing leaves your organization
  • Sequenced to your calendar
  • Suited to councils and boards deciding together

After the program

Independent review

Outside eyes on the two steps you can't do on your own material — checking your own authority chain, and finding the weakness in your own position.

  • Per review, not a retainer
  • For anything going to a counterparty or a council
  • Turnaround inside a negotiation window
  • Open only to those who've finished

What changes?

Six things move, and each one is measurable against where you started.

10Benefits

You know who has it visibility

One page instead of a guess. The inventory step usually surfaces holders that were never disclosed, which is the first time most participants see the full chain.

Fewer terms signed blind exposure

A clause read against a standard before signature, not after a dispute.

Material comes back recovery

Records, samples, and datasets returned — because a dated request with a named authority behind it is harder to ignore than a phone call.

Access gets priced revenue

Scope, duration, and use written as terms rather than assumed. What was free becomes negotiable.

Control survives a sale durability

Successor obligations named in advance, so an acquisition doesn't quietly reset every term you agreed to.

A record that answers later defensibility

Two years on, when someone asks what was agreed and when, the file answers instead of your memory.

What can you do after?

11Capability

Inventory a new relationship from scratch

Any counterparty, any field, mapped before you sign rather than after.

Read a clause against the ceiling

Know what the best available language looks like, and name the gap without needing anyone to tell you it exists.

File and escalate a request

Including knowing which statute applies to which kind of holder, and what to do with silence.

Draft a governance instrument

A research code, a data use standard, a consent protocol — appropriate to your own standing.

Apply labels and protocols

Terms attached to the material itself, in systems built for it.

Hold a position at renewal

Dates, triggers, and audits on a schedule, with a name beside each.

Who should attend?

12Audience

College athletes

Likeness, biometrics, and performance data collected under terms nobody walked you through.

Professional and national team athletes

Where the collective agreement covers some of it and the vendor contract covers the rest.

Athlete representatives and families

The people actually in the room when the term is agreed.

Tribal governments and data offices

Establishing or strengthening authority over research conducted on citizens, land, or resources.

Community health boards and research partners

Holding samples and records under consent that may no longer describe what's happening.

Cultural collections and archives

Carrying an obligation to return, and needing somewhere for returned material to live.

Two to four people from the same side, including one with authority to agree or refuse a term. The program runs on live agreements and can't be attended in pieces.

What won't it do?

13Limits

It won't give you legal advice

We are not your counsel. The instruments discussed require your own lawyer to execute, and the program is built to make that engagement shorter and sharper, not to replace it.

It won't recover past value

There is no general property right in personal data in US law, and no claim for value already extracted. Repatriation of records and samples is real. A bill for the last five years is not.

It won't broker your data

We take no custody and no interest. What you do with the position is yours.

Some holdings need outside eyes

Checking your own authority chain and finding the weakness in your own position both ask you to be neutral about your own outcome. Practice doesn't fix that.

It won't decide whether to sell

Sovereignty includes the right to refuse, the right to license, and the right to do nothing. The method establishes who decides. It does not decide.

Common questions

14FAQ

Q1How long does it take?Set with you, around one constraint.

Sessions three and four have to be far enough apart for a real request to be answered, which depends on the holder and the statute — usually two to six weeks. Everything else is scheduled against your calendar.

Nations or organizations working to a council, board, or negotiation cycle should say so in the application, and the sessions get placed around it.

Q2Do we have to share confidential material?Not in the application, and not with other participants.

The application asks nothing confidential. Inside the program you work your own material and control what is discussed in front of the group. Anyone with sensitive holdings generally takes the private program.

Q3What does it cost?Scoped after a first conversation.

Cohort and private programs are priced differently, and nations or institutions working under federal funding or grant constraints have terms that need naming early. Any filing fees on records requests are separate and usually small.

Q4Can we get paid for data already taken?Almost never, and we will say so plainly.

Repatriation of records and samples has precedent. Retroactive payment for past use mostly does not, because the underlying property claim doesn't exist in US law. The money is in controlling what comes next, and the program is built on that footing rather than a claim your counsel would have to kill.

Q5Do we have to use AI tools?No.

Every step has a manual path and we teach it. The tools compress the reading and the tracking. They are not the method, and putting sensitive material into any commercial service is a decision we leave to you.

Q6Is there a certificate?No.

What you leave with is a filled file on real relationships, a request that was answered, and a term that was raised. Those are checkable. A certificate isn't.

Apply to the program

15Apply

Applications are reviewed as they arrive. Groups are small — the peer sessions only work among participants who are not negotiating against each other, which limits how many we admit at once.

No confidential material is requested. Every applicant receives a reply with a reason.

One person from the group is enough to apply. If you're working to a council, board, or negotiation cycle, say so above and we'll schedule around it.