- Joined
- Mar 29, 2016
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- Can others edit my Photos
- Photos NOT OK to edit
Was this photographer retained by the track association? If not, no violation of that clause. "Retained" would normally mean that he had been approached by the client and was receiving some form of remuneration from them.
Though I'm not an attorney I have written 1,000's of contracts over the years which were then reviewed by my attorney. Very seldom was the wording changed. I think as "tiredion" stated, using the word "retained" puts you out of luck for any contract violation, because obviously the association didn't "retain" the newspaper or the journalist working for them. Whether the journalist was actually employed by the paper as an employee or a contract employee he was still the newspaper's agent and not acting on behalf of the association. You on the other hand could be held liable for contract default if you fail to pay the association the agreed upon amount. While the association, may be entitled to prohibit entry into your "exclusive" area, it's doubtful that they could prevent the photographer from taking pictures from any public access area, and or the newspaper publishing those pictures.