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Thread started 29 Nov 2009 (Sunday) 00:14
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Can a promoter stop you from posting photos on your website?

 
Kiddo
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Nov 29, 2009 00:14 |  #1

Can a promoter stop you from photos your photos of their event on your own website? Because I had a promoter tell me that tonight while photographing an event for the local paper.

Here's the story, it's kinda long, but I'll try to keep it as short as possible..

A few months ago, I started working for a local promoter. I worked the first show, press conferences, and a few other things for free. Then when the second show came around I told them that I needed to be paid for the event including press conferences and they said no problem.. Perfect! I agreed to give them the photos so that they could use them for more events, posters, whatever, as long as I got paid for my work... A week after the event, I sent them my invoice for $1000, which I thought was fair considering all the time I had spent photographing the event and everything that went with it. And I never heard back from them. So I figured ok, they will get back to me later.

Then two months later, I get an e mail stating that they refuse to pay me, the price is to high and that I am to give them all photos from the event for free or they would revoke my press pass to their events. I sent back an e mail stating that they weren't getting my photos for free and if the price was too high, then something else could have been worked out if they had of just asked. That wasn't good enough and they revoked my press pass and stated that they had hired new photographers for the next show which was held tonight.

In the mean time, I starting doing freelance work for the local paper. And guess that they asked me to photograph? Tonights event! So I got everything I need from the chief photographer at the paper, sent it to the commission of the event and off I went..

When I arrive, they wouldn't let me in. Then finally they let me in. I went ringside and got ready to shoot the event. The promoter came up to me and asked me if there was any rules to me shooting freelance for the paper and I replied no, I shoot the event send it off to the paper and post the event photos on my website. She walked away. A few minutes later, the commissioner takes me aside and hands me a piece of paper from the promoter. The piece paper states that I am only to send photos to the paper from the event, I am not allowed to post the event photos on my website, blog or facebook and that I am not allowed to give the photos out to anyone who took part in the event and....... that I am to give all photos to the promoter for free! They want me to sign this piece of paper. :evil::evil: I was so pissed that I almost left the event. I told the commissioner that I am not signing that peice of paper, they do not have the right to tell me what I can and can not do with the photos and that I was letting the chief photographer and editor at the paper know what was going on and how rude they were to me. They sure has hell would not have pulled that stunt with one of the staff photographers.

So after that very long explanation.... Can a promoter stop me from photos photos on my website? Oh and there was another tog there from another paper and they didn't ask him to sign a piece of paper...

I've done tons of events with different promoters and not once have I ever run into this. And I am kind of shocked that someone would pull this sort of stunt. I always try to be fair to everyone that I work with so that it's a win win type of thing..

Any advice on this would be great!! Sorry it was so long....

Thank you in advance to anyone how posts a comment.. ;)


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focus.pocus
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Nov 29, 2009 00:22 |  #2

seems pretty cut and dry to me...


I know, right? I'm just sayin'...

  
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FlyingPhotog
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Nov 29, 2009 00:22 |  #3

I can't say if you were right, wrong or indifferent in your earlier dealings with said promoter but it definately created a thorny bed upon which you had to lay the second time around.

In the interest of full disclosure, did you by any chance mention your earlier run in to your Chief Photographer? Perhaps he/she would have thought better of sending you?

I guess I have to give you props for standing up for yourself the first time around but it sounds to me like you tried to re-cross a bridge that was already at least smoldering if not burning.

Maybe you weren't the smartest choice to send to this gig.


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Kiddo
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Nov 29, 2009 00:28 |  #4

FlyingPhotog wrote in post #9099811 (external link)
I can't say if you were right, wrong or indifferent in your earlier dealings with said promoter but it definately created a thorny bed upon which you had to lay the second time around.

In the interest of full disclosure, did you by any chance mention your earlier run in to your Chief Photographer? Perhaps he/she would have thought better of sending you?

I guess I have to give you props for standing up for yourself the first time around but it sounds to me like you tried to re-cross a bridge that was already at least smoldering if not burning.

Maybe you weren't the smartest choice to send to this gig.

Yes I did mention the earlier run into the chief photographer and journalist. That's why I had to send off an e mail to the commissioner. Normally I don't need to do anything other than show up at the event. :D


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FlyingPhotog
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Nov 29, 2009 00:34 |  #5

Kiddo wrote in post #9099834 (external link)
Yes I did mention the earlier run into the chief photographer and journalist. That's why I had to send off an e mail to the commissioner. Normally I don't need to do anything other than show up at the event. :D

Ok, so honest question for you:

Were you trying to prove something by going back to this venue? Do you think you were the best choice to go shoot this?


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IndyJeff
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Nov 29, 2009 00:46 as a reply to  @ FlyingPhotog's post |  #6

Most credentials come with a stipulation that you are there to provide XXX with images from this event. Other sales of images from the event may be prohibited, even editorial. The NFL, NASCAR, IRL, MLB, NBA, NCAA all have this clause in the agreement you sign to cover the event.
It's their dance, so they call the steps. If you are selling images and shooting on a credential for a paper then you may be in violation of the credential agreement and they do have a right to control the image content of their product.


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Kiddo
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Nov 29, 2009 01:06 |  #7

IndyJeff wrote in post #9099906 (external link)
Most credentials come with a stipulation that you are there to provide XXX with images from this event. Other sales of images from the event may be prohibited, even editorial. The NFL, NASCAR, IRL, MLB, NBA, NCAA all have this clause in the agreement you sign to cover the event.
It's their dance, so they call the steps. If you are selling images and shooting on a credential for a paper then you may be in violation of the credential agreement and they do have a right to control the image content of their product.

Nope I'm not selling the images, just want to show my work that is all..


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Kiddo
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Nov 29, 2009 01:09 |  #8

FlyingPhotog wrote in post #9099864 (external link)
Ok, so honest question for you:

Were you trying to prove something by going back to this venue? Do you think you were the best choice to go shoot this?

Not trying to prove anything. I was asked to do the job due to the other three photographers being busy tonight with other events that were going on around town at the same time. I was upfront and the paper knew what was going on, I even showed them the e mails from the promoters..


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FlyingPhotog
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Nov 29, 2009 01:20 |  #9

Kiddo wrote in post #9099983 (external link)
Not trying to prove anything. I was asked to do the job due to the other three photographers being busy tonight with other events that were going on around town at the same time. I was upfront and the paper knew what was going on, I even showed them the e mails from the promoters..

Fair Enough Then...

Hope it all works out for you. FWIW, if all you're doing is showing them for portfolio purposes, that shouldn't be an issue.


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Tee ­ Why
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Nov 29, 2009 02:28 |  #10

I guess if it's a private event, they don't have to allow the press in and if they do so, they can do it under their own terms.

However, it sounds like they went out of their way to limit your use considering that they didn't ask the other press photog the same terms as they gave you.


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Kiddo
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Nov 29, 2009 06:52 |  #11

Tee Why wrote in post #9100167 (external link)
I guess if it's a private event, they don't have to allow the press in and if they do so, they can do it under their own terms.

However, it sounds like they went out of their way to limit your use considering that they didn't ask the other press photog the same terms as they gave you.

I was kinda of thinking the same thing about them going out of their way... How can it be a private event if it's held in a huge venue? Why would anyone not want the press at their event?


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Dennis_Hammer
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Nov 29, 2009 07:21 as a reply to  @ Kiddo's post |  #12

If they sell tickets, it's a private event. If it's a private event they set the rules even excluding one person they don't like. That said you may find that they inform your paper not to send you to one of their events again and there will be nothing that can be done about it.




  
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DDCSD
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Nov 29, 2009 08:31 |  #13

It sounds like you didn't negotiate a rate beforehand in regards to the first event you shot for the promoter. This is where all the bad blood started since they probably figured you'd charge them next to nothing for them allowing you the "privilege" of shooting their event. That's why you should always discuss terms and fees before the event, so no one can act surprised when the invoice shows up.


With that said, they can't stop you from posting the photos on your website for portfolio-type uses, unless you did actually sign something stating what you could and couldn't do with the images. They can bar you from entering or shooting at their events in the future.

I would have the editor of the paper have a talk with the promoter on your behalf and try to smooth things over. Make sure the editor knows that you won't shoot there under the terms that the promoter tried to impose.

Also, never work without an agreement in place again.


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Kiddo
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Nov 29, 2009 08:57 |  #14

Dennis_Hammer wrote in post #9100817 (external link)
If they sell tickets, it's a private event. If it's a private event they set the rules even excluding one person they don't like. That said you may find that they inform your paper not to send you to one of their events again and there will be nothing that can be done about it.

Honestly, I don't want to photograph their events again. And I've already sent an e mail to the paper letting them know what happened last night at the event. But really I think it's kinda dirty of them to tell me give them all to us for free or else... :confused:


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Kiddo
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Nov 29, 2009 09:03 |  #15

DDCSD wrote in post #9101060 (external link)
It sounds like you didn't negotiate a rate beforehand in regards to the first event you shot for the promoter. This is where all the bad blood started since they probably figured you'd charge them next to nothing for them allowing you the "privilege" of shooting their event. That's why you should always discuss terms and fees before the event, so no one can act surprised when the invoice shows up.


With that said, they can't stop you from posting the photos on your website for portfolio-type uses, unless you did actually sign something stating what you could and couldn't do with the images. They can bar you from entering or shooting at their events in the future.

I would have the editor of the paper have a talk with the promoter on your behalf and try to smooth things over. Make sure the editor knows that you won't shoot there under the terms that the promoter tried to impose.

Also, never work without an agreement in place again.

They did know the price before hand.. And no, I didn't sign anything... The other tog and reporter what was at the event agreed with me that I shouldn't sign that piece of paper.. And from now on I will be getting everything in writing for events.. Big lesson learned on that one... :)


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