Anyone Shoot for HS Athletic Association?

[pantherphotos]

I am currently negotiating a contract with the Montana HS Association (MHSA) to shoot and sell images from the HS football playoffs. Their policy strictly forbids anything other than personal use, unless you have this contract.

I have one bit of concern on something that is stated in their policy. Maybe some of you have dealt with this before and have some advice!

Their policy states in their handbook: "The Montana High School Association is the owner of the rights to and the copyright holder of all audiovisual recording, filming, videotaping, telecasting, webcasting and photography of MHSA events involving MHSA member schools."

So I asked for a copy of the contract so I could read exactly what it says. The executive director sent me a copy of their standard contract, which reads in its entirety:

"I am granting approval for Panther Photography to provide photo concessions for this event with the understanding that Panther Photography will donate 10% of the gross sales after expenses to the MHSA. Also, please note that the concession rights for any state tournament must be approved by the Executive Director of the MHSA. The awarding of this contract is not contingent on any other club, school, facility host, conference or divisional approval. Panther Photography is awarded exclusive rights to the photography concessions for these playoff football games. Also, Panther Photography will provide action photographs from the playoffs for use by the MHSA on their website or in other MHSA publications without charge. Brian Michelotti, MHSA Assistant Director will coordinate any requests for use of photos by the Association on our website or for other promotional reasons."

According www.copyright.gov,

"The owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph."

Their contract says nothing about the rights/copyright of images. So, is their policy, as stated in their handbook, binding in court? Especially when the US copyright laws give the rights to the photographer.

I realize probably not too many of you are lawyers. That's fine. I'm just looking for advice from those who have been through such a situation. Thank you for your help!

[Dennis_Hammer]

The contract does not give them the rights to your pictures. Just that you will supply them pictures for their use as stated. The policy standard is its to keep people from profitting off them without there cut. And most likely is in reference to any promotional or advertising material they use in print or digitally. Your contract supercedes their policy statement.

And copyrights must be specifically turned over in writing if not a work for hire situation which this is definitely not.