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Archive 2014 · Washington State - WIAA Media Policy at State Tournament

  
 
thebmrust
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p.1 #1 · p.1 #1 · Washington State - WIAA Media Policy at State Tournament


I have emailed and requested clarification of the photographer policy, but the contact will not return my inquiries.

1) Does this exclude contract photographers (staff or freelance) from selling images
a) to parents?
2) Does the WIAA have a claim to any images?
IF
a) there are NO WIAA logos, branding, trademarks, location identity, or likeness of WIAA identifiable
b) other than "news coverage of, or magazines, books or stories" (e.g. newspapers sell images gathered at news and sporting events)


Link to page:
http://www.wiaa.com/subcontent.aspx?SecID=589

Photographers

1. The use of any account, descriptions, pictures, photograph, video, audio, reproduction or other information concerning WIAA State events, other than for news coverage of, or for first Amendment protected purposes is prohibited, except with the prior written consent of the WIAA Executive Director.


2.The credential confers on Bearer a limited, non-exclusive and non-transferable license to take photographs of the WIAA State Championship events, and to allow the entity that engaged the Bearer to use such photographs only for news coverage of, or magazines, books or stories about the events, provided that such use is not likely to create, or does not actually create, confusion in the minds of the trade or public that Bearer or its reprints or any elements therein, or the items on which the WIAA are reprinted, are sponsored or endorsed by, or associated or affiliated with, any WIAA Member School.


3. The credential is not transferable and may be revoked at any time without cause.

4. While within the ballpark, arena or stadium, Bearer shall, at all times, be subject to the direction and/or supervision of the WIAA and its designated agents.

5. Bearer shall obtain all necessary licenses, consents or releases permitting the use of any party's proprietary material, including, but not limited to any party's copyrights, trademarks, rights of publicity, rights of privacy or other proprietary or personal rights, however denominated, included in any photograph taken or other material obtained in connection with the credential. The Bearer is solely responsible for determining which licenses; consents and releases shall be obtained. Bearer shall indemnify, defend (if requested) and hold harmless the WIAA against and from any and all liability, loss, damage or expense (including reasonable attorneys' fees and expenses) against third party claims arising out of or relating to: (a) Bearer's use of any events information taken or obtained in connection with the credential, including, without limitation, any claim that any use of such information infringes any third party's copyrights, trademarks, rights of publicity, rights of privacy, or other proprietary or personal rights, however denominated; (b) Bearer's acts or omissions; (c) the presence on the premises of any cameras, wires, cable or other equipment brought thereon by Bearer; and (d) Bearer's breach of any term of the credential.

6. In the event that the name or likeness of any individual using this credential is included in any broadcast, telecast, photograph, film, video or other media taken in connection with the events, such individual grants the WIAA the non-exclusive, transferable, perpetual right and license to use (and to sub-license the use of) such name and likeness in any media worldwide whether now known or hereafter devised.

7. The rights and privileges granted to Bearer shall automatically terminate if any term of this credential shall be breached.

8. Bearer acknowledges receipt and review of, and agrees to be bound by, these terms and conditions. - See more at: http://www.wiaa.com/subcontent.aspx?SecID=589#sthash.e0FLH3C1.dpuf



Nov 14, 2014 at 08:47 PM
tsaphoto
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p.1 #2 · p.1 #2 · Washington State - WIAA Media Policy at State Tournament


1) The first paragraph would exclude selling pictures to parents without WIAA consent. That may or may not be a legal restriction in your jurisdiction.

2) No. The WIAA gets the right to use images or video with your picture in them, like telecast material in which you can be seen shooting on the sideline. It does not give them rights to your images.



Nov 14, 2014 at 10:39 PM
thebmrust
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p.1 #3 · p.1 #3 · Washington State - WIAA Media Policy at State Tournament


Is this somewhat typical of a high school event at the level of state finals?


Nov 15, 2014 at 03:38 AM
MichGoBlue
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p.1 #4 · p.1 #4 · Washington State - WIAA Media Policy at State Tournament


I have shot WIAA events and the pictures are editorial only - you cannot sell them as they have a contracted photographer for the events. Usually this is for the semis and finals.


Nov 16, 2014 at 03:57 AM
thebmrust
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p.1 #5 · p.1 #5 · Washington State - WIAA Media Policy at State Tournament


MichGoBlue, did you work for the current contract or was it your own?


Nov 16, 2014 at 07:59 PM
OntheRez
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p.1 #6 · p.1 #6 · Washington State - WIAA Media Policy at State Tournament


thebmrust wrote:
Is this somewhat typical of a high school event at the level of state finals?


In my limited experience these "rules" vary widely by state. Here the media rules are extensive (after all there is a bureaucracy to support) but a credentialed reporter (from an acknowledged agency e.g. paper, TV, etc.) can resell to parents or such. The image is specifically forbidden to be used "commercially" by the purchaser. There's further verbiage about letting the state agency know, but to my knowledge no one has ever paid any attention to it. (Can't speak for TV/video people.)

Washington sounds rather over the top and as usual enforcement would be a real challenge.

Robert



Nov 17, 2014 at 12:30 PM
MichGoBlue
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p.1 #7 · p.1 #7 · Washington State - WIAA Media Policy at State Tournament


thebmrust wrote:
MichGoBlue, did you work for the current contract or was it your own?


I shot editorial for a national site that wanted coverage of one of the teams. They made arrangements for the press pass, and that came with the stipulation of editorial use only. I did meet the contract photog along with some others there as well. This was last year, not shooting this year.



Nov 17, 2014 at 12:32 PM
thebmrust
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p.1 #8 · p.1 #8 · Washington State - WIAA Media Policy at State Tournament


To note: I am aware of the difference between "editorial" and "commercial". The vague notion on clause 1 lends on to believe ALL sales are prohibited.

YET... the local news gathering organization does sell images from events they cover.

I also fully understand and accept that the official contracted photographer/company has needs to protect their interests. I am not wanting to step on toes, more of a real world experience. WIAA has not returned my request for clarification.

I am anticipating a potential presence in the future.

That being said, I have met one photographer that was sent a cease and desist letter via attorney after shooting WIAA state final level event. This photographer IS a credentialed photographer, but was not WIAA blessed at the state event and was shooting as a parent.



Nov 17, 2014 at 05:55 PM
MichGoBlue
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p.1 #9 · p.1 #9 · Washington State - WIAA Media Policy at State Tournament


To my knowledge all sales are prohibited. This is made clear when they issue you the credentials. News folks should be shooting under contract for their outlets and not further reselling the images. My outlet was very explicit about the images I shot being editorial only as any violation of that would prevent them from gaining access to WIAA events in the future.


Nov 17, 2014 at 06:41 PM





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