Shooting Restrictions at the Rolex

<p>I am thinking of going to the three day Rolex Event here in Kentucky, to work on action shooting. A three day general admission ticket will cost 52 dollars; a small price to pay for access to some great photographic possibilities.<br>

While reading carefully through the restrictions on ticket holders, i found this sentence:<br>

"Holder agrees not to transmit or facilitate transmission of any description, account, picture or reproduction of this event in whole or in part. Breach of any of the foregoing automatically terminates this license."<br>

I can see where they do not want anyone to transmit video over their cell phone, or make bootleg DVDs to compete with their own product, but it also looks to me like they do not want me shooting -- and subsequently using/selling -- any images at all.<br>

How do you folks read it?</p>

<p>That about covers it. Why not contact the promoter running the event, and see if there's any way to get some officially sanctioned wiggle room?</p>

<p>The answer hinges on weather or not these terms and conditions constitute a valid contract.<br>

Under copyright law any images you take (even on private property/at an event) are yours and you can sell them, <strong><em>unless you enter into a contract to the contrary</em></strong>. Some people have argued that such T&C don't constitute a valid contract and as such aren't binding. My view is that this agreement may or may not be binding but that you need to decide how much money you are willing to risk to find out.</p>

<p>The company in question paid a lawyer to draft the T&C and that lawyer almost certainly told them that (in her opinion) they are binding. They had them drafted for a reason and so there is a chance that they will also pay to enforce them (if they actually find out you are selling the images) by suing for breach of contract.</p>

<p>Obviously if you just sell 3 or 4 copies on the images from your own website the organisers may never find out. On the other hand if the pic turns out to be a big seller they may well find out and decide it is worthwhile to pursue you legally. </p>

<blockquote>

<p> Some people have argued that such T&C don't constitute a valid contract and as such aren't binding. My view is that this agreement may or may not be binding but that you need to decide how much money you are willing to risk to find out.</p>

</blockquote>

<p><br />Can you point out a situation in which these types of Ts and Cs were determined to not be binding. Thank you.</p>

<p>I think it says they'll toss you out if you "transmit or facilitate transmission" during the event and it says nothing about what you might do after the event. However, the web site is apparently silent about shooting commercially such as intending to sell the images to participants or others or for "news" or other paid or unpaid editorial uses.</p>

<p>It sounds much like any sporting event - the rules vary from venue to venue and event to event as to what you might be allowed to bring in and use. It doesn't seem to say no photography allowed but the more capable the gear appears the more one might be looking at explaining why you aren't shooting commercially. You might also have the presence of copyrighted and/or trademarked logos, sponsor signage, etc., to deal with.</p>

<p>Thanks for the feedback. I appreciate it. I am going to first hunt around for a paper to "hire" me, and if that fails I will talk to the Rolex press person about semi-pro status.</p>

<p>I read it as just stopping short of saying no photography is permitted. </p>

<p>Don't be surprised if you show up with your pro gear and get turned away. (although I did look at their website and didn't see any restrictions). Not too much different than every stadium in the country. I've been allowed into some and turned away from others. I don't take it personally - it's their venue and event and they set the rules. </p>

<p>Many times the restrictions are in place to keep photographers, etc from selling / publishing photos and making money off of the copyright / trademarks of the event organizer. </p>

<p>As for the media pass / press credentials - there is a form on their website that you have to fill out. States very clearly that credentials will be given only to those who are working for a paper or are on active assignment. </p>

<p>Dave</p>

<p>What licence is being terminated?</p>

<p>The license being terminated is the holder's license to attend the event. </p>