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Old 07-05-2007   #1 (permalink)
Vicuna
 
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Default Legal Rights of Photo Taking

I'm sure this has been asked before, but I've recently had a problem and was looking for some thought.

I was taking photos at a little league all-star game when I was approached by a league official asking what team I was with. When I responded neither he said that the league photographers needed to have background checks. Since my son plays in the same district, he eventually thought I was okay. I was not on the "field", but within the spectator areas. I know the league has "official" photographers. My question is, does the league have rights to ask me to leave or do I have permission to shoot a public event. Does it change if I'm going to attempt to sell the photos, etc? I know the official photographer had a problem with me being there and they asked the league official to talk to me. I'd like to have the best information available the next time I'm approached.

Thanks

Rich

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Old 07-05-2007   #2 (permalink)
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Default Re: Legal Rights of Photo Taking

Quote:
do I have permission to shoot a public event.
Is it really a "public" event? The game may be held on public property (city-owned park, public school, etc.), but the events are usually considered "private". I shoot a lot of events at a public university, and a lot of them are considered "private", closed events with special access rules to be determined by those in charge of media access- usually Sports Information for sporting events.

Quote:
Does it change if I'm going to attempt to sell the photos, etc?
I'd strongly advise against trying to sell photos if you aren't doing it with express permission of the league...
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Old 07-05-2007   #3 (permalink)
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Default Re: Legal Rights of Photo Taking

I have not shot at this type of event, but when I started shooting at a Drag strip, I approached the event staff as well as the track photographer first and explained that I was just there shooting for some friends. They gave me the track safety rules to follow, and as long as I did not get in front of the track photographer and block his shots I was given free reign to shoot. I was actually invited back by the track photographer.
You may be correct that the league photographer felt threatened by another photographer being there. If you have a friend or family member that you are taking pictures of, I would think you would have the same right as anyone else in the bleachers, just because you have a more professional camera should not disallow you from taking pictures.
You could get a copy of the league rules and see if there is anything in them that applies. You could also get in touch with the league photographer and talk to them and make arrangements for shooting at the games.
This comment may be corrected by some of the professional photographers on this site, but my understanding is that if you can recognize the person in the picture you must have a waiver signed to use that photo in any capacity, that includes numbers on their uniforms.
Good luck and I hope you get it resolved, look forward to hearing the resolution on this issue.
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Old 07-05-2007   #4 (permalink)
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Default Re: Legal Rights of Photo Taking

Quote:
This comment may be corrected by some of the professional photographers on this site, but my understanding is that if you can recognize the person in the picture you must have a waiver signed to use that photo in any capacity, that includes numbers on their uniforms.
You can't use the photo in any editorial capacity. Basically, if you're not using the photo "commercially"- i.e. advertising- you're usually in the clear. You can use the photo on discussion boards, blogs, newspapers, etc. There's also a grey area that allows for you to sell prints "editorially", but I wouldn't sell prints without a release; it's easier that way. Usually, parents of players sign a general release for their children to play in the leagues, which allows for any photographers contracted to photograph the kids and sell prints (or anything else the league might want to push), and for the use of the images of the kids in promotional materials related the leagues.
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Last edited by cyclohexane; 02-28-2008 at 02:29 AM.. Reason: can't believe I put "non-editorial" originally
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Old 07-05-2007   #5 (permalink)
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Default Re: Legal Rights of Photo Taking

Thanks for that information, I knew someonw with more knowledge would help out on that one.

This is an area of photography I have stayed away from because of the inherant problems, I prefer animals and the outdoors, no releases required.

I did find another link that may cause more confusion or may give more information on this subject, but it does explain a lot more abotu this issue.

Sports Forum: Are there any legal issues when photographing kids sports events? - photo.net
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Old 07-05-2007   #6 (permalink)
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Default Re: Legal Rights of Photo Taking

I think the concern is not so much copyright issues but more-so protecting the kids from predators.

I was chatting at a pub once with a number of my wife's coworkers (a college here in Calgary), one was the head of security. We were discussing a topic similar but with regard to people taking pictures at their pool and other common areas where children were gathered.
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Old 07-09-2007   #7 (permalink)
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Default Re: Legal Rights of Photo Taking

Hi, I posted this on another forum but it's got what you're looking for I think...

"Hello! I found a copy of the photographer's right in an old camera bag and as the subject comes up from time to time I did a touch more research.

Here are three sites on the subject of what you can legally shoot in the US.

1: (a pdf to copy and keep in your camera bag)
Bert P. Krages Attorney at Law Photographer's Rights Page

2: (first of a two part article)
http://www.usatoday.com/tech/columni...y-rights_x.htm

3: (second in the two part article) http://www.usatoday.com/tech/columni...y-rights_x.htm

Do remember one thing the columnist said though, in the middle of an emergency is no time to be a jerk spouting off about your rights. Cops are people too and when stressed will behave just like anyone else with a club and a gun.

And if you do go that way, I won't say I told you so, but then we're all adults here so I shouldn't need to right?.

mike
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Old 07-10-2007   #8 (permalink)
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Default Re: Legal Rights of Photo Taking

That looks like some good information. I'm going to check it out and memorize it!

Thanks

Rich

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