Short story is.......I took a photo of a NFL Stadium from the parking lot of the stadium while I was there just as a spectator, I was not hired to take the photo, it was purely done for myself. Anyway after I posted it online, The Stadium contacted me, and has been purchasing a license from me to use the image every year for 3 consecutive years. This April, the license expired, but in the new contract, they added a line stating, that I am not allowed to sell or license the photo anyone else, only to them.
I asked why this was added to the contract now, after 3 years of it remaining the same, and this is the email response I got
''Good morning Dustin,
I spoke with our lawyer. As the image is of ------ Stadium and contains all of our marks, and as we do with all requests like this, the Stadium does not grant anyone access to license our image to others.
We own the rights to the Stadium image and all marks.
We had paid you to use the image for our own internal purposes the past few years, but do not license our name/image out to others.
Please let me know if this is agreeable.
I know law, and especially copyright law can be complicated, but is this correct??
They are saying, I own the photo, and they will pay me for a license, but that they own the material in the photo, so only they can pay me to use it?
What if someone else wants to buy the image from me, a musician who is having concert at the stadium? or anybody else having any type of event in the Stadium? I would have to say, ''Sorry I can't sell it to you, I don't own the rights to what is in the photo''??
Is this the same if I take a photo a person, and they are wearing a white t-shirt, jeans and nike sneakers in the photo? I can only sell the photo to the Nike corporation, nobody else can buy it?
I feel they are wrong, but what do I know. I figured I would ask here first before I respond to the lawyer, or even contact my own lawyer to question this, as he most likely will charge me more for 1 hour, than they are even paying me for the image itself.
I appreciate everyones help in advance, thank you!