College doesn't want sports photos 'distributed' on Facebook

In the reply to email about the photo they stole from my facebook without permission/credit, my college said they took down the photo (and though I still see it's online in one section of their site, I don't think it's worth pursuing anymore).

They also replied that photos cannot be distributed, paid or unpaid, to the kids in pictures or their parents as they risk losing eligibility. They also noted "This is where we got the photo from" (exact words,they got the pic from one of the kid's facebook profiles), implying they looked at my facebook, whatever was displayed publicly, and decided posting there was a form of distribution

What sort of comeback should I write in response to this? I would not like to show any signs that imply "You win, I lose" because that would be feeding the trolls. Also should I set my photos to private and friends only, in such a way only people who are friends with me can see them?

This is why although I'd love to get involved at the college level, I don't. There are so many rules and regulations and unfortunately they change often.

Good luck with it.

I'm sorry, this is a narrow down/follow up from here https://photography-on-the.net …/showthread.php​?t=1173038 and here https://photography-on-the.net …/showthread.php​?t=1175432

Long story short, one of my pics was recently taken from my Facebook page and used without permission by the school. Yesterday I wrote an email to a guy about this, about how it's not okay to simply use my pictures (they never asked me or gave credit to me) and how they should contact me beforehand next time they use my pics. He wrote back sounding half apologetic but at the same time not backing down (they probably knew they were in the wrong but instead of admitting it, they try to conclude that it's my fault). Reminded me to not sell/distribute pictures or use any pictures I take when using the press pass for my personal use.

Call the NCAA and ask if a casual photo taken by a fan and tagged and shared by an athlete violates eligibility. I suspect the answer is hell no, and you are being buffaloed. If the athletic dept. was producing promotional photos and gave each player a stack of prints that might be an impermissible benefit. This guy is trying to buffalo you.

I would just ignore them. If they are really concern, have them to hire a lawyer to speak to you. Now, if they decide to ban you from attending the game because you are photographing the event...... That's another a whole new level of pissing match. Just be prepared.

gonzogolf wrote in post #14293634
Call the NCAA and ask if a casual photo taken by a fan and tagged and shared by an athlete violates eligibility. I suspect the answer is hell no, and you are being buffaloed. If the athletic dept. was producing promotional photos and gave each player a stack of prints that might be an impermissible benefit. This guy is trying to buffalo you.

I think the important thing to keep in mind (if I"m correct in my understanding) is that he was shooting the photos with a press pass provided by the school for the school newspaper and part of the agreement for the press pass is that all of the photos taken (while using the pass) are the property of the school. (Please correct me if I'm wrong OP)

jra wrote in post #14294024
I think the important thing to keep in mind (if I"m correct in my understanding) is that he was shooting all of the photos with a press pass provided by the school for the school newspaper and part of the agreement for the press pass is that all of the photos taken (while using the pass) are the property of the school.

According to his other post he was not using the pass at the time the photo in question was taken. Unless he has further clarified that.

gonzogolf wrote in post #14294038
According to his other post he was not using the pass at the time the photo in question was taken. Unless he has further clarified that.

After scanning through the other posts, I'm not certain (I don't have time to do a detailed read through at this time). Hopefully the OP will chime back in and clarify the issue

EOS Man wrote in post #14293633
I'm sorry, this is a narrow down/follow up from here https://photography-on-the.net …/showthread.php​?t=1173038 and here https://photography-on-the.net …/showthread.php​?t=1175432

Long story short, one of my pics was recently taken from my Facebook page and used without permission by the school. Yesterday I wrote an email to a guy about this, about how it's not okay to simply use my pictures (they never asked me or gave credit to me) and how they should contact me beforehand next time they use my pics. He wrote back sounding half apologetic but at the same time not backing down (they probably knew they were in the wrong but instead of admitting it, they try to conclude that it's my fault). Reminded me to not sell/distribute pictures or use any pictures I take when using the press pass for my personal use.

Based on the quote above, I would assume that they were taken while using the pass... but would be nice if it were clarified by the OP.

Indeed Jason is right. I took the photos as a spectator (afterall, photography IS my hobby) and while not using the press pass. If the paper needs coverage at such times, they will usually have one of their own guys out there taking pics. As I am not a full-time staff of the paper and I get paid by published photo, the paper often finds it more efficient to use their in-house staff who get fixed pay anyway.

The guy who wrote to me is referring to the photos I've posted on Facebook with a mix of me tagging athletes and athletes tagging themselves/their teammates as "distribution". I made it clear to him that my FB posted pictures were not taken when wearing the pass. I've since removed the pictures from public view on facebook but not deleted them. I didn't sign anything directly with the school so am I good leaving my photos up on FB (but not in public/friends-of-friends viewing anymore).
But if an argument arises, I am going to say I was a spectator/fan at the event... I see dozens of parents/students just take pictures at such games anyway and tag their athlete kids/friends away. Am I right in this regard? . What further steps should I take?

Basically they're making a big assumption that since they see me at many of the games with a camera, occasionally with a press pass, then I'm at ALL the games with a press pass. Big difference there! I can actually count with my hands how many times I was lent the press pass by the main editor (there is only 1 or 2 passes in the office and I only borrow with permission and when I'm needed)

I ended my email with no 'opening' or line that expects a reply from him seeing I already replied about the issues he mentioned.

He's blowing smoke. You're perfectly within your rights to take photos and share them just the same as any other sports fan. Maybe he was confused and thought you were there in some official capacity and not just as a spectator.

Just watched this video... figured it may be useful information for those in a similar situation:

http://kelbytv.com …v/2012/02/09/ep​isode-105/

Specifically, check out the portion from Jack Reznicki beginning around the 11-minute mark.

EOS Man wrote in post #14293633
Reminded me to not sell/distribute pictures or use any pictures I take when using the press pass for my personal use.

I wouldn't think that precludes you from putting the photos on a personal Facebook page.

And, if the school still has one of your shots up on one section of its site, and you don't want to pursue, I'd tell 'em to go pound sand...

If you were there without a pass you are just a fan taking photos I would think you would be able to really do whatever, I'm not sure about selling though when you're there without a pass. I used to work with the paper at Ohio State and the big thing was not selling the photos. Selling the photos required permission on the NCAA. Along the same note giving atheletes the photos would count as a gift which they cannot receive as players. As far as OSU looked at it access online with Facebook and a private site did not count as giving them the photo as a gift. Again this is how my school handled it, it might be right or wrong but at least you have some comparison. Also from my experience the college will do whatever they can to see that they have the rights included threatening to sue you. Before I did anymore work for the school I would sit down with them and get a contract so to speak written out about who retains the rights and how the school can use the photos. That is something I wish I had done and I highly recommend it.

Just don't cut off your nose to spite yourself. Getting too caught up on what you are entitled to is a pretty good way to ensure you never see another pass to another event. You might not even be able to bring in your gear as a spectator if you ruffle the wrong feathers.