Who owns the photos?
10-23-2007, 09:10 PM
#1
Who owns the photos?
I noticed that Sharkey has added a disclaimer to some race pictures he posted over in the photos section.
I have been under the assumption he is a freelancer, so I'm wondering how SBI has a say on what he does with his images if he is not under contract with them. Isn't a race like any other sporting event, and in the public domain?
Someone please correct me if I'm wrong. With the exception of reasonable intrusion of privacy, as a photographer, I've always operated under the rule: "If you can see it, you can shoot it."
I have been under the assumption he is a freelancer, so I'm wondering how SBI has a say on what he does with his images if he is not under contract with them. Isn't a race like any other sporting event, and in the public domain?
Someone please correct me if I'm wrong. With the exception of reasonable intrusion of privacy, as a photographer, I've always operated under the rule: "If you can see it, you can shoot it."
10-23-2007, 09:38 PM
#2
Explain to me how this is legal...
Here is what Sharkey sent me:
Yes, I am freelance, but the AMF/Miss Geico Team had asked me to come shoot for them.
Knowing how SBI can be, I decided to ask what I needed to do to be legal to shoot the event. I was told it would cost me $1,000 paid to SBI and that I would have to give SBI a copy of everything I shot as well as sign their contract in which gives them copyrights to the images. Unfortunately they didn't have their contracts on hand, so they have to get one out to me.
I don't see giving up my ownership of my work, so I need to see exactly what their contract states. Also, there is no way in hell I can make up that $1,000 when I may have only shot 8 or 10 boats. I suggested that if they were to get copies of the images, then I felt it was only fair they waive the fee. They said no. I got a verbal ok to put them on the net so as long as I wasn't selling them. And you wonder why I was the only photographer there in a chopper shooting their event.... ?
I seriously don't understand why they chase everyone away...
If some how they end up waiving the fee or someone else picks up the tab, then the pics may be made available.
For now, they will have to stay with my copyright watermark on them as I look into what legal rights a promotor has to an event held out in the open waters...
If you head to Key West, just be aware they are looking for photographers selling the images so that they can claim a lawsuit against them. That is what the $1000 goes towards, so I was told by *.
Yes, I am freelance, but the AMF/Miss Geico Team had asked me to come shoot for them.
Knowing how SBI can be, I decided to ask what I needed to do to be legal to shoot the event. I was told it would cost me $1,000 paid to SBI and that I would have to give SBI a copy of everything I shot as well as sign their contract in which gives them copyrights to the images. Unfortunately they didn't have their contracts on hand, so they have to get one out to me.
I don't see giving up my ownership of my work, so I need to see exactly what their contract states. Also, there is no way in hell I can make up that $1,000 when I may have only shot 8 or 10 boats. I suggested that if they were to get copies of the images, then I felt it was only fair they waive the fee. They said no. I got a verbal ok to put them on the net so as long as I wasn't selling them. And you wonder why I was the only photographer there in a chopper shooting their event.... ?
I seriously don't understand why they chase everyone away...
If some how they end up waiving the fee or someone else picks up the tab, then the pics may be made available.
For now, they will have to stay with my copyright watermark on them as I look into what legal rights a promotor has to an event held out in the open waters...
If you head to Key West, just be aware they are looking for photographers selling the images so that they can claim a lawsuit against them. That is what the $1000 goes towards, so I was told by *.
Platinum Member
10-24-2007, 01:11 AM
#6
Registered
10-24-2007, 05:16 AM
#7
PHIL
VIP Member
What they dont get - is they are in the Public domain - not in an enclosed stadium -
File Suit against them for restraint of trade - They dont own the air space either - and they cant close it - or restrict it - just to their wants and desires - This is still a FREE country -
They might own the rights to their NAME - but they dont own the seas or air space -
They will sue you - so dont wait - sue them first - they back down quickly when presented with the truth -
10-24-2007, 05:48 AM
#8
Thanks for posting that, Phil.
Of course they back down because they know they are full of it and don't have a leg to stand on. Photographers' rights is a subject near and dear to my heart and there is PLENTY of legal precendent to support it. Although my initial reaction was similar to Masher's, my true feeling here is one of astonishment. A low-level security guard telling you that you can't take pictures of a building (you can) is one thing, but to hear this absurd horsehockey really set me off. It's no wonder that the sport has stagnated with this type of draconian thinking coming from the mountaintop. It makes absolutely no sense to me why you would antagonize the very people who could most help publicize your organization...
What a freakin world we live in.
Of course they back down because they know they are full of it and don't have a leg to stand on. Photographers' rights is a subject near and dear to my heart and there is PLENTY of legal precendent to support it. Although my initial reaction was similar to Masher's, my true feeling here is one of astonishment. A low-level security guard telling you that you can't take pictures of a building (you can) is one thing, but to hear this absurd horsehockey really set me off. It's no wonder that the sport has stagnated with this type of draconian thinking coming from the mountaintop. It makes absolutely no sense to me why you would antagonize the very people who could most help publicize your organization...
What a freakin world we live in.
10-24-2007, 07:18 AM
#9
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So let me get this right. He can pay a grand and provide free advertising for Carbonell's industry. Sounds like a bargain. Sharkey should tell them thanks, but I'll take pics of the more willing associations and just boycott them.
