Selling Photos from and event with a Contracted Photographer

I took pictures at an event at my school. After I posted them on my SmugMug account I received an email asking if I was planning on selling the photos. (Which I am) There was a contracted pro there who signed a contract to be the exclusive photographer.

What can they do to prevent me from selling the photos. I didn't know about any contract they might of had until I got this email.

Am I correct in thinking that they could have made me stop taking pics at the event (No one said anything) and that their contract with the event promoters doesn't effect me selling my pics?

They could have made you stop taking pictures if they wanted to and they can stop you from selling them if they want.

What exactly can they do if I continue to sell them? Can they make me take them off the internet? Can they stop me from giving them away?

I'm interested in this one as well.

I'm no lawyer but have some experience with contracts. You are not a party to their contract so I don't know how they can pursue you for any breach, unless of course the "no commercial photography" clause was included on the tickets or otherwise made clear at the venue during the performance.

They may have a case for taking the school to court for failing to stop you taking photos in the first place though.

If you have intentions of going pro, why risk muddying the water and giving yourself a bad name now?

Nightstalker wrote in post #9020993
I'm interested in this one as well.

I'm no lawyer but have some experience with contracts. You are not a party to their contract so I don't know how they can pursue you for any breach, unless of course the "no commercial photography" clause was included on the tickets or otherwise made clear at the venue during the performance.

They may have a case for taking the school to court for failing to stop you taking photos in the first place though.

No tickets. No announcements that I heard.

Dave.H wrote in post #9021015
If you have intentions of going pro, why risk muddying the water and giving yourself a bad name now?

I don't have intentions of going pro (anytime soon). I am a junior in high school and do this to help pay for gas and more gear.

Also most of the pictures are of friends and friends of my brother etc. If I wasn't allowed to sell them I would give many of them away anyways.

Dennis_Hammer wrote in post #9020807
They could have made you stop taking pictures if they wanted to and they can stop you from selling them if they want.

They could have stopped him from taking them, but they can't stop him from selling them.

With that said, if there is a contracted photographer for the event, you really shouldn't sell them. You don't want to pick a fight with a fellow photographer or get a bad name with event organizers. If you want to sell photos from an event, you should talk to the event organizers beforehand. There's a good chance you could get yourself banned from future events.

You never know, you might want to partner up with that other photographer in the future.

Post your images and sell them you are in the right.. I agree if you want to go pro and if this makes waves i could hurt your rep for a short time.. Good Luck.

I don't know the legal realities here, but I know what I'd do with smugmug - make the gallery a "private gallery", maybe even password protected - then email your friends and your brothers friends etc. with the info.

unrlmth wrote in post #9021033
I don't have intentions of going pro (anytime soon). I am a junior in high school and do this to help pay for gas and more gear.

Also most of the pictures are of friends and friends of my brother etc. If I wasn't allowed to sell them I would give many of them away anyways.

If you are selling images, then you already are a pro and are acting in a commercial manner.

It would be possible to argue that you are doing so, even if you were to give away the images for free. You might be considered to be using predatory pricing tactics in an effort to drive competition out of business, if you do this a lot... but you are also digging your own grave by devaluing your product, if you give it away freely.

Not to mention that you won't be buying much gas or camera equipment with "free".

The contract between the school and someone you describe as "exclusive" tells me you know at least something about the arrangement. Perhaps you have checked out their website?

It sounds as if you would hope to do more of this in the future (see bolded text above). One thing they most certainly can do is get you blocked from any future events. There may be other things they can do, depending upon the contract in place. You already are aware of their "exclusive commercial" arrangement.

How you handle this right now is sort a turning point, whether you will be sneaking in back doors to try to grab a few dollars away from a competitor or will be up front and professional and honest in your dealings with people. You are young, but you are building a "reputation" right now and how you handle these things can and will come back to haunt you or help you in the future.

What I would do, if I were you, is approach the contracted professional and see if you can work something out with them. If and when opportunity arises, you might want to bid on the contract with the school yourself.

You obviously already know that you aren't "in the right" and hiding behind password protected galleries won't change that.

amfoto1 wrote in post #9021153
If you are selling images, then you already are a pro and are acting in a commercial manner.

Yea I guess your right.

It would be possible to argue that you are doing so, even if you were to give away the images for free. You might be considered to be using predatory pricing tactics in an effort to drive competition out of business, if you do this a lot... but you are also digging your own grave by devaluing your product, if you give it away freely.

Not to mention that you won't be buying much gas or camera equipment with "free".

The contract between the school and someone you describe as "exclusive" tells me you know at least something about the arrangement. Perhaps you have checked out their website?

I didn't know about it until I was told earlier today. Event was yesterday. I had already uploaded all of the pictures last night.

It sounds as if you would hope to do more of this in the future (see bolded text above). One thing they most certainly can do is get you blocked from any future events. There may be other things they can do, depending upon the contract in place. You already are aware of their "exclusive commercial" arrangement.

How you handle this right now is sort a turning point, whether you will be sneaking in back doors to try to grab a few dollars away from a competitor or will be up front and professional and honest in your dealings with people. You are young, but you are building a "reputation" right now and how you handle these things can and will come back to haunt you or help you in the future.

What I would do, if I were you, is approach the contracted professional and see if you can work something out with them. If and when opportunity arises, you might want to bid on the contract with the school yourself.

So, you think it would be a good idea to contact the people who covered the event? What do you think they would say? I was going to juts wait and see if they would contact me about it, but it might work out better if I initiated contact. I want to keep a good reputation, but I do not want to take any of my photos down.

You obviously already know that you aren't "in the right" and hiding behind password protected galleries won't change that.

I wasn't ever considering hiding behind password protected galleries everything. I don't think that would work out well at all.

123

Moral, ethical, dilema.
Continue to sell and you lose your integrity.
Good luck with your life.

unrlmth wrote in post #9021331
Also here's the email I received. (Haven't responded yet)

Were you there taking photos for your personal use or professionally? If professionally, do you plan to sell the photos? If so, there is a problem. **** signed contract with professional photography company *** **** Photography to be the exclusive photographer of this event.

Thanks for your understanding,
************

Who sent the email? The school? The photographer?

Sounds like you have been contacted. And it sounds as if there is a valid, written contract in place regarding the work. I don't know this, but there might be some way for them to enforce the exclusivity, through the school which is a party to the contract and where you are a student.

You can display your stuff online, but not sell it. Unless you can work out some sort of deal with the photographer under contract. There will be future events, I bet. And they might be only to happy to have some additional help. It could be a good working relationship. Or not, depending upon how you handle this situation.

I hardly think one needs to give up their integrity to sell. A previous post makes it sound like it's one or the other. Just saying that doing so for a modest, immediate reward usually is a recipe for a quick, one time sell, but no future.

Sell with integrity, and it might become a successful career where people seek you out, rather than doing all they can to keep you out.

amfoto1 wrote in post #9022372
Who sent the email? The school? The photographer?

Sounds like you have been contacted. And it sounds as if there is a valid, written contract in place regarding the work. I don't know this, but there might be some way for them to enforce the exclusivity, through the school which is a party to the contract and where you are a student.

You can display your stuff online, but not sell it. Unless you can work out some sort of deal with the photographer under contract. There will be future events, I bet. And they might be only to happy to have some additional help. It could be a good working relationship. Or not, depending upon how you handle this situation.

I hardly think one needs to give up their integrity to sell. A previous post makes it sound like it's one or the other. Just saying that doing so for a modest, immediate reward usually is a recipe for a quick, one time sell, but no future.

Sell with integrity, and it might become a successful career where people seek you out, rather than doing all they can to keep you out.

Well for now I've turned off the printing of any of the photos.