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Sport Action Photo Rights


emily_anderson3

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<p>When photographing college athletes is it common practice to give full and exclusive rights to the university? <br>

Currently pursuing my MFA in photography. A section of my thesis promotes female athletes during competition. I had been donating a few photos each game because I do want to promote good will, the team and the athletes. <br>

This semester time has been limited and after a couple of events I fell behind in my donations. I then found a few of my photos manipulating the athlete's face on their web site and without my name on the image. It was a unique location, perspective and no other photographers were at the sporting event-it was my image. I began asking questions on how my images used and all the locations they are posted. The response was a vague agreement stating the university owns all photos taken and special permission must be granted to the photographer to use any photos during the event. <br>

This appears extreme from my perspective and wondered if this was common practice.</p>

<p>Emily~</p>

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<p>Pro sports franchises tightly limit and control the usage of their images - restricting it to licensed vendors, news organizations and free lancer photographers on assignment. They also have their own photography staffs shooting at all the games. </p>

<p>Major colleges are rapidly going in this direction, as they want to control and in some cases profit from the sale and use of their images. Add to that the fact that you have donated images in the past - and once the image leaves your control, it is impossible to contain. </p>

<p>I'd check with the Athletic Department for the school and see what they have to say. </p>

<p> </p>

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<p>I've covered all major league pro sports, the Olympics in Mexico City, a Muhammed Ali title fight and lots of college sporting events going back to the early 60s. I would have laughed in their faces if they had the termidity to tell me they own my photographs. These days everyone wants to get into your wallet. When you give images away you can kiss them goodbye. Photographers have to stand up on their two hind feet and tell these people a resoundnig "no." It may not be easy but that is what is needed.</p>
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<p>Emily,<br>

hi. Short answer is 'No'. Slightly longer answer is it depends on whether you have assigned them any rights. <br>

<br />I shoot a variety of sports from pro-athletics (though sadly not the Olympics as I am freelance), down to the local swimming club christmas pool-party. Bottom line is that the photographer owns the photos that they take unless: a) you have an agreement in place beforehand to do otherwise (ie. you need to pass over some pictures as a 'get-in' to the event or that the organisers 'own' all work....); b) you subsequently let other people have a copy.<br>

I am happy to pass on a few images (as you do) to the organisers of the event as a 'Thank You' and to some of the competitors as they enjoy having a high-quality picture (and I like supporting sports people). However, once images leave your control, that it is (big time).<br>

You will never have control of those images again (even Getty has a staff of lawyers etc chasing up usage rights).<br>

What I do is also supply a 'Reproduction Release' with any picture(s). This says a) I own the photo; b) that they can use it for xxxxx; c) requesting credit to 'Andy Chubb Photography www.peverilphoto.com'; d) saying that they cannot pass it on to anyone else without my written permission.<br>

This doesn't stop all and any shenanigans, but it does mean that I have something to hit them with if needed.<br>

<br />Bottom line is whether you are happy to pass on images. I think that it is a good way to get known for good photos - you just have to decide on where the line is drawn. If the college say that they own the rights then that needs to be proved by them that you signed up to it. Don't be beaten - the law is on your side!<br>

rgds<br>

andyc</p>

 

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  • 3 months later...

<p>This is becoming a very sticky situation. All professional sports and sporting venues are now issuing warnings and statements to photographers about their ownership of images of their athletic clubs, venues and sporting events held on their premises. Most professional teams, like the NFL, MLB and NBA limit the rights of their games to newspapers for news, and some historical uses. Other uses including sales of images of players and games need a legal release from the team or venue. Even displaying images on Photo.net can have some nasty consequences. Although I haven't been asked to take them down, I have been contacted and questioned about photos that I have on my photo.net site. If asked, by the proper authorities, I would remove them rather than fight a costly legal battle. If you do take some really nice photos that you think would be worth something in the future, copyright them by making a photograph and mailing it back to yourself. (don't open the envelope, unless you have to prove your copyright.) Then time permitting lookup the u<br>

U.S. copyright rules on the web and properly copyright your images. Don't give your images away to I-reporter type web sites. You can't sell them after you do that. ("Why should I buy what I can get for free?" a Newsweek editor once said.)<br>

If you want to be a professional photographer, sell your work. Only amateurs give their work away and it always costs them later. Read up on the copyright laws. Join NPPA as soon as possible (shameless plug here! I'm a long time member.)<br>

Don't worry about people not buying your work, if its good enough, it will sell. If not keep working at getting better.<br>

It's like shooting pool. If you want to get good, start playing for money.</p>

 

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