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Author Topic: sports photography legal issues  (Read 4595 times)
Splitshot
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« on: December 25, 2010, 11:50:18 PM »
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I have been taking HS football photos for a division 1 school for most of this 2010 season.  In the course of a typical game, I will take 600 to 700 photos of a game, edit the best and send them to a particular web site for publication.  This web site is not affiliated with the actual school but the school endorces the site.  I have been told and except the idea that the work is volentary in nature and no one receives pay for the services they provide.  I am ok with that because it has given me a op to get some experience with this type of photography.  At the end of the season the owner of the site contacted me about creating a dvd for him that includes all of the pictures I had submitted for the season.  His idea was that he would run this dvd in the background at the football banquette for all to see.  I thought it was a great idea.  

I visited the web site the other day and to my dismay, right at the top of the site front page, he has a large ad offering this dvd for sale to the public.  Over 700 of my photo's on this disk that he has put up for sale at $20.00 a disk.  The ad claims that the pictures can be used for any purpose desired.

I did contact the owner and told him that he had deceived me in his explanation for the purpose of this disk and that I did not appreciate the fact that he has now reproduced it for sale to the public.  He admitted to selling 4 of them so far.  I realize that this is not a legal forum and have full intention of contacting an atty. about this.  I was just wondering of anyone has had this problem in the past and how it was resolved.  Thanks for any input someone may have with this...............splitshot

 







  
« Last Edit: December 25, 2010, 11:51:59 PM by Splitshot » Logged
Splitshot
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« Reply #1 on: December 27, 2010, 07:58:36 PM »
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OK, lots of lookers.  Any suggestions?
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Paul Sumi
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« Reply #2 on: January 01, 2011, 09:33:55 PM »
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If you're looking for Internet advice, search the forum on sportsshooter.com.  This sort of question has come up there; however, you won't be able to post there without being a paid member.  The pro forum on fredmiranda.com is another source (you must be registered member to post, but is free).

But if you're really serious about this, contact an attorney specializing in copyright matters and intellectual properties.  That person will best be able to tell you what you need to do, and how much it will cost.  From there you can decide what you want to do.

Paul

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Steve House
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« Reply #3 on: January 12, 2011, 05:03:32 AM »
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On the plus side, you most likely own the copyright on the images and the fellow with the DVD can't publish them without your explicit permission.  On the minus side, unless you have obtained releases from the players and the school, you probably can't use the images either even if you do have copyright.  Check with your attnorney to make sure
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Edalongthepacific
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« Reply #4 on: January 16, 2011, 02:41:08 AM »
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If this happened to me, I would seek legal aid for a court injunction to stop unauthorized sale of my material. I would also seek remedy for any court costs and legal fees. But that's just me.
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feppe
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Oh this shows up in here!


WWW
« Reply #5 on: January 16, 2011, 09:18:36 AM »
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I know this is probably in US, but I'd imagine even there actually talking to the webmaster might solve the issue without having to pay the lawyer tax. Go in with a cool head, clear goals, and what you will and will not compromise on.
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bernhardAS
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« Reply #6 on: January 27, 2011, 04:38:12 AM »
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It is a legal issue, and this is a photography forum?

Apart from someone who had exactly the same situation and can tell us what his attorney recommended, this is not the expertise of the members.

Besides it is illegal in most countries to dispense legal advice if you are not licensed as a laywer.
(And it might be anyway douboius practice to heed advice from such persosns.)

And legal advice is what you need!

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