Roller Derby Photographer Agreement

<p>Hello,<br /> I shoot a lot of roller derby, I follow the Vancouver (BC) league and shoot whatever game they play in, for free. In December they have a game in the USA against one of the local league and in trying to obtain a "press pass" (track side access) I was asked to sign a photographer agreement that sounds a little grabbier than usual with copyrights. Here's the text:</p>

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<p>I, ______________________________ agree to give SomeDerbyLeague rights and access to all images and/or Video I take of them. I understand that SomeDerbyLeague may use these images or video in online, print and broadcast media, as well as for public exhibition. I understand that SomeDerbyLeague will give photo/video credit whenever applicable. _________<br>

<br /> I will provide SomeDerbyLeague access to images, video and audio from the bout within two weeks after the bout. I will either provide a public URL electronic link to the set of pictures on a website, (FLICKR is preferred) where SomeDerbyLeague can download or link to the set of images or video, or provide them with a CD or DVD with usable images and/or video and audio. I understand that failure to provide access to images or video will result in my not being allowed to photograph or shoot video at any future SomeDerbyLeague events including but not limited to bouts. _________<br>

<br /> I will not use any SomeDerbyLeague images, video or audio, or the likeness thereof for my own financial gain without the written permission from an SomeDerbyLeague officer. This includes, but is not limited to, any use in online, print, broadcast or internet streaming media, public exhibition, documentary film, etc. _________<br>

<br /> I will not broadcast live to any place including TV, radio or internet video/audio streaming station and/or website by means of wireless or any internet connection, any pictures, video footage or audio, live during any bout at anytime without prior written consent separate from this release form _________<br>

<br /> This form is not to be altered, changed or distributed in any way. By signing this document I have read and understand these terms described herein and am bound to these terms from the period of xxxx to xxxxx</p>

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<p>It is, in my opinion, badly written and probably wouldn't hold in court very long, but we are essentially dealing "between friends" here and so it's most important that all is done in an honest straightforward way.</p>

<p>I always give the derby leagues and players involved rights to use my photos for self promotion, for free, in exchange for allowing me to shoot track-side. The leagues are too young to be able to pay for that sort of thing and it is my way of encouraging the sport. My main problem is having to ask them every time I want to use MY work for editorial purposes (as opposed to advertisement), forever. What if the league dissipates.</p>

<p>"for my own financial gain"<br /> That paragraph seems to include me selling prints, exposing and charging for admission, selling to newspapers for editorial use, publishing of a photo book and potentially even giving editorial usage right to someone else, such as my local league who is also portrayed in the shots. That's pretty close to giving away all the copyrights is it not ?</p>

<p>I'm curious as to what the arrangement between non-professional sports and volunteer photographers usually is ?<br /> Does this agreement sound reasonable ?<br /> Would you sign ?</p>

<p>I've tried asking them to agree to something a little friendlier, such that they would get all the usage rights they want but I would retain the copyrights, but they seem pretty stern about needing to ask them for every usage, it's to protect their league and players image they say.</p>

<p>Frankly at this point I'm trying to find a way to be allowed to shoot while retaining my rights, yet accommodating the league in protecting their image. I cannot ask them to revise their agreement in such a short notice so I figured the only way I might achieve my goal is to present them with a pre-written reasonable agreement that clearly protects their image while allowing me to retain the copyrights, in hopes that it'll be clear and simple enough for them to agree to it before next week.</p>

<p>Any clues ?</p>

<p>Thank you</p>

<p>so you get the experiance, and hopefully the credit?</p>

<p>you cant even use these on your own site to say you had done them? as examples?</p>

<p>i would say yes if you were getting paid, but you stated your not -</p>

<p>get something, because right now you stand to get nothing in return</p>

<p>if you really care about them as friends, then go for it - but if they care about you, they should bend a bit or at least pay you..</p>

<p>that my H.O.</p>

 

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<p>you cant even use these on your own site to say you had done them? as examples?</p>

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<p>The agreement says the opposite. It says he has to make them publicly available so that the league can pull them, unless he gives them a disc with the images. </p>

 

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<p>That's pretty close to giving away all the copyrights is it not ?</p>

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<p>It doesn't say that you give up copyright, it only says that you have to ask permission to use them for financial gain. It's akin to taking portraits without a model release, although it's a bit tighter. </p>

<p>I would ask at a minimum for a) a time limit, and b) release for editorial usage. The league probably isn't going to care after some point, and the editorial usage, even if paid, should be positive for them. I'm not saying this is a good agreement even with these changes - it's not, I don't get these kinds of restrictions shooting fights, ever. Usually the promoter's shooter has some restrictions, but they're getting paid directly by the organization, so it's more like work for hire. But it isn't a bad agreement if you can put in a short time limit and editorial usage rights.</p>

<p><em>Does this agreement sound reasonable ?</em></p>

<p>No.</p>

<p><em>Would you sign ?</em></p>

<p>No.</p>

<p>I wouldn't shoot for free to the degree that you are either but you have your reasons. Jeff has more knowledge about these business dynamics that I but I wonder if a freindly conversation about compatable interests with the right person may help along with some follow up support from players who may wish you activities to continue. Maybe ask Jeff how he would approach the subject.</p>

<p>The problem for me with this is that I shoot my sports events for a mix of paying clients and my own stock library, so I could never live with an agreement like this. Also, I do a lot of post-event sales to participants, some of whom I don't meet until the event. I don't shoot with restrictions except that I don't sell the same newsworthy photos to multiple clients in the two weeks after the event. For assignments, I usually have a lockout until some time after publication, but that's completely different.</p>

<p>If you really want to get known for this and make money, you can't have these kinds of restrictions. They are trading access for the shots and exclusivity. If you are happy doing that, good. However, with an up and coming league, some of these shots may be a lot more valuable later and you don't want those kinds of restrictions. That's why I recommend a time limitation for non-editorial, no limitation for editorial.</p>

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<p>That's why I recommend a time limitation for non-editorial, no limitation for editorial.</p>

 

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<p>Without opening a large discussion can you quickly hint at what would constitute non-editorial use that wouldn't require model releases ?</p>

<p>An example would be if one of the teams or one of the players wanted to use an image for endorsements or some type of promotion with themselves. However, there are other situations. I always license photos of athletes with a requirement that the acquiring party obtain the model release(s) before usage. I get them anyway, but a lawyer put that in my boilerplate a long time ago and nobody has ever objected.</p>

<p>Thank you all for your help.</p>