need legal help...

[BUDSKi]

so here is the situation...

I've been shooting for a motorsports for about 3 years now and I've hit my first wall. This season I decided to go through the organization to get a media pass which turned out to be a mistake. Long story short we didnt see eye to eye on their aggresive tactics, not paying their photographers, owning all rights to the images (big mistake), and down right treating their photographers like ****. only perk being that they allowed us to sell photos.


SO... now I'm trying to find away to keep on shooting these events without them owning any rights. I plan on sending my own contract to them but considering how stubborn they are I doubt they will sign it. So here are my questions....

- how spectators get away with showing and at time selling images?

- can you be a team photographer and just have that team own the rights? for example being a photographer for the cowboys VS the NFL.

also could you get permission from the event location (track) to shoot photos?


this is a whole new world for me and any input would be great. Thanks!

 

[musicaleCA]

Sounds like you've got some serious legal questions, and you've got a signed contract you want to find loopholes in. Time to call a lawyer and get solid advice.

 

[KmH]

You've been "shooting for a motorsports" ...what? "for about 3 years now."

Are you talking about the track owners or the sanctioning body when you say "organization".

Online is a poor place to seek legal help, and musicaleCA's advice to seek an attorney for assistance is certainly sound.

 

[dizzyg44]

hahaha, from your description it sounds like DMG pricks they are!

 

[skieur]

Sounds like you've got some serious legal questions, and you've got a signed contract you want to find loopholes in. Time to call a lawyer and get solid advice.

Well, yes, but you need to do some research to be able to recognize whether you are talking to a good, knowledgeable lawyer or not.

For example, a motorsport event tends to happen in a public place, whether private property or not. This means that legally, barring signs to the contrary, etc. unless you are told that photos are not allowed, you can take pictures and use them as you see fit, commercially or otherwise. Even if you are ejected from the premises, you still OWN all photos that you have taken up to that point. The only possible charge is trespassing, and that is only if you do not leave when told to, by security etc.

So, to each his own as far as approach is concerned, but as far as lawyers are concerned, I only deal with the best or avoid them and do my own negotiating.

skieur

 

[BUDSKi]

Sounds like you've got some serious legal questions, and you've got a signed contract you want to find loopholes in. Time to call a lawyer and get solid advice.

Well, yes, but you need to do some research to be able to recognize whether you are talking to a good, knowledgeable lawyer or not.

For example, a motorsport event tends to happen in a public place, whether private property or not. This means that legally, barring signs to the contrary, etc. unless you are told that photos are not allowed, you can take pictures and use them as you see fit, commercially or otherwise. Even if you are ejected from the premises, you still OWN all photos that you have taken up to that point. The only possible charge is trespassing, and that is only if you do not leave when told to, by security etc.

So, to each his own as far as approach is concerned, but as far as lawyers are concerned, I only deal with the best or avoid them and do my own negotiating.

skieur

thanks more of the input I'm looking for. Dragging a lawyer isnt worth it, in the end I just want to insure I keep the rights to my images.

 

[CSR Studio]

Sounds like you've got some serious legal questions, and you've got a signed contract you want to find loopholes in. Time to call a lawyer and get solid advice.

Well, yes, but you need to do some research to be able to recognize whether you are talking to a good, knowledgeable lawyer or not.

For example, a motorsport event tends to happen in a public place, whether private property or not. This means that legally, barring signs to the contrary, etc. unless you are told that photos are not allowed, you can take pictures and use them as you see fit, commercially or otherwise. Even if you are ejected from the premises, you still OWN all photos that you have taken up to that point. The only possible charge is trespassing, and that is only if you do not leave when told to, by security etc.

So, to each his own as far as approach is concerned, but as far as lawyers are concerned, I only deal with the best or avoid them and do my own negotiating.

skieur

While it may be true that you OWN the photos you can't do what you wish with them. You need legal advice and not from someone online. You could be in for a copyright fight and you really don't want that unless you have a lot of extra money you want to throw at lawyers. At least read 'The Professional Photographer's Legal Handbook'.

 

[skieur]

Sounds like you've got some serious legal questions, and you've got a signed contract you want to find loopholes in. Time to call a lawyer and get solid advice.

Well, yes, but you need to do some research to be able to recognize whether you are talking to a good, knowledgeable lawyer or not.

For example, a motorsport event tends to happen in a public place, whether private property or not. This means that legally, barring signs to the contrary, etc. unless you are told that photos are not allowed, you can take pictures and use them as you see fit, commercially or otherwise. Even if you are ejected from the premises, you still OWN all photos that you have taken up to that point. The only possible charge is trespassing, and that is only if you do not leave when told to, by security etc.

So, to each his own as far as approach is concerned, but as far as lawyers are concerned, I only deal with the best or avoid them and do my own negotiating.

skieur

While it may be true that you OWN the photos you can't do what you wish with them. You need legal advice and not from someone online. You could be in for a copyright fight and you really don't want that unless you have a lot of extra money you want to throw at lawyers. At least read 'The Professional Photographer's Legal Handbook'.

Simply put, you cannot copyright an event or all the newspapers for example would be out-of-business and since the photographer does OWN the photos and the copyright to them, he/she can do with them what they want.

skieur