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Can I be forced to give up my photo copyrights to be a member of a group?
My daughter does Competitive All-Star cheerleading. And during the course of the season I can take several thousand of photos of all teams at her gym.
This coming season, they have added a clause to their Waivers-Liabilities portion that states,
"Photos & Videos: In the event any picture or videos are taken in the participation of any activity relating to All Star, I give the operator(s) and staff of All Star the right and permission to use any such pictures or video in any form of advertisement and/or for promotional purposes"
As far as I understand, I own those copyrights and they are considered property. Can they rightfully and legally demand I surrender my property to them or they get to use my property for their convenience as part of membership?
@David S,
That was my first thought as well, but I know they cannot put into a contract that you hand over the keys to your car so they can use it to advertise their business while you are in their building. Property is property, but I do not know if intellectual differs from actual in this regard.
7 Answers
- Nuff SedLv 75 years ago
Technically, it says you would give them permission to use them, but it doesn't say you have to actually give them physical access to any of them. The ownership of the original photos is different from the right to duplicate or distribute copies of them. As long as you never post them yourself, or allow anyone access, their unethical grab of a copyright license would be moot.
However, you are certainly free to not sign it, or modify it and send it back with an offer to let them use your photos once each for $25,000 a pop, or whatever you think is fair. Maybe they'll take another look at what it is they're asking and modify it to be more reasonable, rather than lose good participants in the club.
- YetiLv 75 years ago
You're not giving up your copyright, nor are they asking for it.
They're saying you give them permission to use such things by default. That's called a license. If you don't agree, don't go take any photos, and/or don't post them anywhere that they can get ahold of them, such as to Facebook.
It's perfectly normal for operations like this to limit what you can do with photos you take of them. If you don't agree, you're not permitted into the activity.
Also, you're likely missing the point of the whole thing. This likely isn't really about the copyright and licensing of the photos you take. This is about the publicity rights of those participating in the activities. In other words, if THEY take any photos during activities, you're giving them permission to use your daughter's image or likeness in their promotions. That's pretty normal, too. In fact, you tend to agree to similar things any time you go to a sporting event or other entertainment. If they take photos of you while there, they get to use them promotionally. If you don't like that, read the back of your ticket more carefully and don't go in.
Either way, you're completely missing the point of what they're up to and why.
- Anonymous5 years ago
I don't think it applies to your pictures that you take and keep. It sounds to me more like a situation where pictures are uploaded to their website, but I could be wrong, and I wouldn't be willing to hand over any pictures. How would they enforce it unless they happened upon a picture that you uploaded somewhere?
Your best bet is to confirm with them exactly what they mean. Some parent could have come up with that...
- David SLv 75 years ago
You have the right to decline the agreement, but they may then reject your membership. It's legal because it's optional that you be part of this group.
Edit: Yes, intellectual property rights are different from property rights as you correctly surmised.
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- AthenaLv 75 years ago
No, you do not own the copyrights if you join the team and they have rules.
If you do not want to follow the rules then do not join the team.
They are free to say that these are the rules to play in their team.
You do not have to play in their team so there is nothing illegal about it.
- EffLv 55 years ago
If you aren't going to use it for promotional purposes I doubt they are going to care.