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Author Topic: Getting Access and Trading Images  (Read 3052 times)

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« on: June 28, 2007, 11:28 »
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Just had an interesting experience with relation to trying to get media credentials as a freelance photographer and I thought I would share.

There is an event at a ski resort the weekend of July 5 relating to extreme mountain biking.  I contacted the resort to get information about shooting the event.  On their website, they have posted the required paperwork and qualifications.  I contacted the person at the resort completed the paperwork and was working on submitting it.

Today (two days later), I got another email from the resort.  They are asking for a release that outlines a TFCD agreement that allows them to use my images on a royalty free basis.  I figure no worries trade a CD of images for access.  Then I kept reading their release and came upon this clause

Quote
Photographer understands and agrees that the Images may be displayed on the internet websites for XXXXX and its affiliated entities.  Photographer realizes, acknowledges and agrees that visitors to the XXXXX and its affiliated entities websites may be able to download the Images and that they may use them for their own purposes or amusement and that XXXXX and its affiliates entities cannot and will not control and will not be responsible or liable for such downloading and reuse by any third party.

So in exchange for access, they want me to allow anyone to download and use my images in any fashion they want from their web site even though I am trying to sell them through an agent?  I wrote back and indicated if they removed the clause I wouldnt have a problem, but I was unwilling to sign the document as is.

What would you have done?


« Reply #1 on: June 28, 2007, 11:35 »
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Kind of defeats the purpose of getting access for business purposes if they are then going to give away your photos. 

I am sure no pro would agree to that. News paper photags might as by the time the photos are online the paper is published and the event is old news.

Could you just give them a CD of Blog size images??

« Reply #2 on: June 28, 2007, 11:49 »
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I think it depends on whether the website in question will display your copyright notice/info with the pictures and the clause in the contract is meant to avoid liability in case some thief "a.k.a. visitor" DLs your picture without your permission and you sue the website for that. Or if the website has no intention to hinder anybody to DL your pictures or display your copyright notice and just wants your OK for that (boooooo). If they are OK with blog sized images it should not be a problem either way. If they want to display larger files without copyright notice or DL prevention they are essentially competing with you and they are offering your pics for free - not a good deal for you. I would ask for clarification in writing or altering of the paragraph. Good luck.

« Reply #3 on: June 28, 2007, 12:34 »
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I would go ahead and do it, but I would be extremely selective on what I give them.  I would only provide a small sampling of photos, saving the best of the rest for commercial sale.  I'm not seeing where it says you are required to provide them with all of the images you shoot that day. 

« Reply #4 on: June 28, 2007, 12:48 »
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That's a great point Karin.  I've already given the response that I'd agree if they remove the clause so I'll leave it at that.

The problem I have is essentially, in this agreement, if they credit me on their web site, I want my best represented (my reputation is at stake).  If I allow people to use my images however they want, I can't enforce copyrights later because essentially, they can say, Oh, I just downloaded them from site x.  This is actually a very popular ski resort. 

I don't know of any news agencies or magazines that would agree in a similar manner (but I've been wrong before  ;D ).  This is a national event - Bike Magazine is the official media sponsor for the event.

« Reply #5 on: June 28, 2007, 16:41 »
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why not just buy the ticket to the event and hand out cards to where you will be posting them for sale.
I worked for some motorcycle mags and when you do that they own everything.

you can always write a story later and submit it with pictures to mags that would be interested. Then the whole shabang is yours....

good luck whatever you decide......

« Reply #6 on: June 28, 2007, 16:45 »
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why not just buy the ticket to the event and hand out cards to where you will be posting them for sale.
I worked for some motorcycle mags and when you do that they own everything.

you can always write a story later and submit it with pictures to mags that would be interested. Then the whole shabang is yours....

good luck whatever you decide......

The event is being held on private property - just because you buy a ticket (to any event) doesn't give you the right to take pictures and use them on a commercial basis.  ;D

« Reply #7 on: June 28, 2007, 18:11 »
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private property.....public event
property aspect doesnt really matter all that much unless you are showing signage and the like. at least from all the event i have covered. as long as you have a big lens, no one will argue, and throw a second camera around your neck and you will really impress the masses.....

there are always ways around the rules

« Reply #8 on: June 29, 2007, 01:48 »
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private property.....public event
I went to the Monaco F1 -  a street race so definately public property.  Tickets said photos ok but not for commerical purposes.  No doubt if you even tried to sell (event as editorial) they would sue for breach of contract.

Quote
there are always ways around the rules
and there are ways to get sued


 

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