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Thread started 21 Mar 2009 (Saturday) 10:06
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Legal Question

 
jharms1
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Mar 21, 2009 10:06 |  #1

I'm at a volleyball tournament and there is a large company who has a booth set up and is selling pictures of the girls play. Parents have the ability to request that they come and shoot pictures of their games. I'm the parent of one of the volleyball players but I also sell sports photography pictures. One of the staff photographers came to a match that I was taking pictures of. I was taking pictures of both teams with the intent of passing my card to parents of the other team to enable them to purchase from me in addition to (or instead of) the company sponsoring the volleyball tournament. A representative from the photography company went to the other parents on the team and asked if I was with them. They said yes, of course.

With this background, am I legally allowed to shoot pictures of teams other than my own and sell pictures to their parents? I don't want to break any laws, but I'd also like to make a few bucks while I'm at this three day tournament.

On a side note, I went to the photo company booth and asked to talk with the mananger. They said he was out taking pictures. I left my name and number, but he hasn't called me back.

Any help on this would be appreciated.


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cory1848
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Mar 21, 2009 10:11 |  #2

I would think you need to clear it with the league first. That other company is most likely under contract with the league if they have a booth set up. That contract also most likely prohibits any other photogs from selling photos at events they are working.


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Tigershark
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Mar 22, 2009 07:25 |  #3

I would agree with Cory, in my contracts I have exclusive rights to tournaments I shoot so you would have been asked to stop shooting or leave. Why don't you approach the organizers and see if you can shoot the next one




  
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blackshadow
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Mar 22, 2009 08:02 |  #4

Tigershark wrote in post #7573025 (external link)
I would agree with Cory, in my contracts I have exclusive rights to tournaments I shoot so you would have been asked to stop shooting or leave. Why don't you approach the organizers and see if you can shoot the next one

Any exclusive contract you have is not with any other photographer. If that photographer shoots they are able to sell. It would be up to the event organiser to enforce the contract you have with them - a contract between you and a party cannot be enforced on a third party.


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CatchingUp
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Mar 22, 2009 11:05 |  #5

I guess I am fortunate living in a rural area and am basically the only one shooting the games here for our local teams. But I do it more for hobby and pleasure, posting shots on my site for the kids to download and print (4x6) if the so desire. I have also got tons of paid business as a result of doing this as well.

I just have mixed feelings with these 'legal issues' at 'public' events and restricting people from taking pictures and selling them.

Last year I was asked or 'contracted' to be the 'official' photographer for the TJRA (jr. rodeo assoc) and spent a ton of time covering and processing/posting thousands of shots to be sold. It really wasn't a profitable deal for me and was a good learning experience. There was someone else showing up at the events with some decent gear to shoot shots of her son and his friends. I was asked if I wanted her 'banned' from doing this, but as a parent and photographer- how can you ban someone from doing that?

I realize if she was (and I don't know that she was in fact doing this) hindering my sales, that it might be awkward, but still, it's a public event. I just don't like the idea of limiting what fans/parents/friends do with their own camera at such venues.


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Karl ­ Johnston
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Mar 23, 2009 01:27 |  #6
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DDCSD
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Mar 23, 2009 19:49 |  #7

Legally they can't make you stop taking pictures or stop you from selling prints after the fact.

They can, however, ask you to leave for not doing what they ask you to do. If you don't leave, they can have the police come arrest you for trespassing.


Remember, if there is someone on site as the official photographer, they are likely paying the organization for the privilege of shooting the event.


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JasonBr
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Mar 24, 2009 11:04 |  #8

CatchingUp wrote in post #7573858 (external link)
Last year I was asked or 'contracted' to be the 'official' photographer for the TJRA (jr. rodeo assoc) and spent a ton of time covering and processing/posting thousands of shots to be sold. It really wasn't a profitable deal for me and was a good learning experience. There was someone else showing up at the events with some decent gear to shoot shots of her son and his friends. I was asked if I wanted her 'banned' from doing this, but as a parent and photographer- how can you ban someone from doing that?

I realize if she was (and I don't know that she was in fact doing this) hindering my sales, that it might be awkward, but still, it's a public event. I just don't like the idea of limiting what fans/parents/friends do with their own camera at such venues.


I really agree with this. I cannot stand when a school/venue/event, etc prohibits cameras...even to the parents of the participants, just because they have hired a photographer. Organizations need to realize that without the parents/kids they have no event. They're already using the parents/kids to make money, let the parents take pictures of their kids.


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MJPhotos24
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Mar 24, 2009 11:26 |  #9

CatchingUp wrote in post #7573858 (external link)
I guess I am fortunate living in a rural area and am basically the only one shooting the games here for our local teams. But I do it more for hobby and pleasure, posting shots on my site for the kids to download and print (4x6) if the so desire. I have also got tons of paid business as a result of doing this as well.

I just have mixed feelings with these 'legal issues' at 'public' events and restricting people from taking pictures and selling them.

Last year I was asked or 'contracted' to be the 'official' photographer for the TJRA (jr. rodeo assoc) and spent a ton of time covering and processing/posting thousands of shots to be sold. It really wasn't a profitable deal for me and was a good learning experience. There was someone else showing up at the events with some decent gear to shoot shots of her son and his friends. I was asked if I wanted her 'banned' from doing this, but as a parent and photographer- how can you ban someone from doing that?

I realize if she was (and I don't know that she was in fact doing this) hindering my sales, that it might be awkward, but still, it's a public event. I just don't like the idea of limiting what fans/parents/friends do with their own camera at such venues.

Problem is it's not a public event! Even an event in a public place can not be seen as public sometimes, so restrictions on who gets to shoot can be in place by the organization putting it on.


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MJPhotos24
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Mar 24, 2009 11:40 |  #10

JasonBr wrote in post #7588020 (external link)
I really agree with this. I cannot stand when a school/venue/event, etc prohibits cameras...even to the parents of the participants, just because they have hired a photographer. Organizations need to realize that without the parents/kids they have no event. They're already using the parents/kids to make money, let the parents take pictures of their kids.

The kids are paying for the privilege to play, it's not a given right for them to play. Leagues take money to run, photography is just another way to get some money, or they just want to protect there rights as an organization, as well as the event is private, not public. They can restrict who takes images, it's there right to do that. Many organizations have tried rights grabs of those images from the people they allow to shoot which are insane as every photog should fight for there first amendment rights, read the coldplay thread about all that.

The without the kids there's no event argument kind of sucks. Without viewers there's no TV show, without fans there's no pro games, without fans there's no concerts. Every one of those events is making money and restricting what you can do with it because it's not your event, there's no difference in youth sports.


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JasonBr
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Mar 24, 2009 21:33 |  #11

MJPhotos24 wrote in post #7588228 (external link)
The kids are paying for the privilege to play, it's not a given right for them to play. Leagues take money to run, photography is just another way to get some money, or they just want to protect there rights as an organization, as well as the event is private, not public. They can restrict who takes images, it's there right to do that. Many organizations have tried rights grabs of those images from the people they allow to shoot which are insane as every photog should fight for there first amendment rights, read the coldplay thread about all that.

The without the kids there's no event argument kind of sucks. Without viewers there's no TV show, without fans there's no pro games, without fans there's no concerts. Every one of those events is making money and restricting what you can do with it because it's not your event, there's no difference in youth sports.

I understand where you're coming from with the tv shows, concerts, etc. I'm just saying its pretty low to tell parents that they can't take photos of their own kids playing sports/being in a play, etc.


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harroz
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Mar 25, 2009 02:59 |  #12

oh my, someone else is shooting it, take a sandwich and enjoy it instead or if you really want to shoot go and find something someone isn't shooting, I'm sure you'd annoy less people and make more money.



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CatchingUp
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Mar 25, 2009 06:09 |  #13

harroz wrote in post #7593383 (external link)
oh my, someone else is shooting it, take a sandwich and enjoy it instead or if you really want to shoot go and find something someone isn't shooting, I'm sure you'd annoy less people and make more money.

Nope. Not if it's my kid and I like taking pictures.
Look - if we're talking about a college level or pro level sporting event, well, so be it. The rules change drastically at that level regarding who gets in , who gets credentials, who can sell what, etc.

I think we are talking here about high school sports. Where do you draw the line on such absurdity? What about the local little league football or soccer teams that dot the landscapes around the world. If some hot shot photographer with a business card and web site shows up seeing potential $$ to be made works out some 'deal' with the league officers, are you suggesting that he should get exclusive rights to photograph and sell his pictures? To the point that parents or friends who happen to be hobbyist can't bring their pictures????? That's Nuts!


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DDCSD
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Mar 25, 2009 14:00 |  #14

The OP stated he wanted to photograph both teams and sell photos to parents, not just take photos of their own child.

No one is saying that someone shouldn't be able to photograph their own child at an event. It is the handing out cards to everyone and selling photos part that is out of line.


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chris270
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Mar 25, 2009 15:11 |  #15

DDCSD wrote in post #7596536 (external link)
The OP stated he wanted to photograph both teams and sell photos to parents, not just take photos of their own child.

No one is saying that someone shouldn't be able to photograph their own child at an event. It is the handing out cards to everyone and selling photos part that is out of line.

Agreed, taking pics of your kids is fine. It's the part of selling the pics from the game that is not allowed.


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