Carl Auer
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 p.2 #12 · Legal question - selling prints from event | |
Ok. I have had most of the day to think about this.
First of all, going to the link of the event organizers you posted, there is a tab for media and press. Press of course would me newspapers and television, maybe editorial magazines, media would really be classified as photographers of all sort, but that is not the point. Right on their main page there is a media and press link so this is the first place you should have gone. Period. Clicking on that you get a link to the contacts which would take you to the media director. I do not care if the field or park is public property, it is owned by someone, in this case, most likely the city or state. While most days photography is unrestricted, when an event is held, the space is reserved and paid for by the event organizers. So while this is a public place, it is, in essence, a private event, even if it is open to the public to come and watch, it is still considered a private event because the event organizers are paying to use the space. So, this private event is something that you would need to get permission to photograph. After all, you are not photographing the park now, you are photographing the athletes competing in the park in a organized sanctioned event. Contacting the media director early on to find out about photographing the event is the correct way to do this. Now he may say, sure, no problem, we encourage fans to shoot, but he might also say, well you can shoot, but what are the images going to be used for? If you say well you will post some on your website for others to view, he will probably want to see that website. If he thinks you are shooting for sales, if they have not contracted with an event photographer(s) then he may invite you to bid on the event or again, tell you, that you can shoot, but please, do not sell or give away the photos. This is the first place to always start before you put your foot in your mouth. I have shot plenty of events that official event photographers have been at. Either for practice or under contract. When someone asks me to buy one beyond my stated contract I tell them sorry, but event photos can only be obtained through the official event photographer. On very rare occasions when I get a shot that someone really wants to buy, period, I will have to verify with the organization and the official photographer that it is ok, and usually a % of the sale will go to the organization.
So, you are not offering your shots for sale, but if someone wants to buy one, great? Wrong. The organization does not have to have on their website or at the event photography rules posted. But just because they are not posted does not mean that there are not rules. You need to find out for sure, even if it is a small event. Contacting the media director or even one of the photographers when you get there if it is ok to shoot is a good thing to do, but if you are planning on selling the photos, even if it is just one or two, you need to be up front about that. You have absolutely no idea what these guys contracts are. As far as the other photographers knew you could have been a relative of one of the players or a student in a photography class or a newspaper shooter. By looking at the fact that there were three different shooters listed, they probably do not all work together and probably know each other in passing, so seeing another shooter may not have bothered them at the time. In fact, them not saying anything is exactly what they should have done. They need to concentrate on shooting the event and not chasing people away. That is what media directors are there to do.
You have no idea what these photographers had to do to get these contracts. There are many times bidding wars to get contracts, and some of these guys may have been talking to the media department for months trying to secure the contract. Then to have someone just show up and shoot then offer the photos for sale with no consideration to other shooters and their businesses is unethical and unprofessional. If you feel that your photos are better, the second you knew the event was going to take place, you should have been in contact with them. They hired three photographers, if you were good enough and talk to them, maybe you would have been the 4th or one of the three.
If you do sell or give away photos and either the photographers or the media directer finds out about it, I would not be surprised at all if next year if you are denied entry with your camera even if you take the correct steps. In fact, if these guys had to pay a vendor fee to participate, you may even be billed, even if you are giving photos away.
Yes, the media director had every right to contact you and tell you not to sell. I would expect you will get further emails from them if you offer them up for free too.
You have got to realize that this is a business. 90% of event photography is paperwork and negotiating and 10% is actual photography. If someone is invested in doing this for a living and someone comes along and tries to circumvent the rules for their benefit, you can be guaranteed that the ones that followed the rules are going to do what they legally can to stop you from taking away from their business.
The number one rule in event photography for all photographers. If you show up, expecting to take shots and their is a contracted photographer already their, either ok it with them to shoot or put the camera away.
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