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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?
@ Jepchamp,
The photographer has the inherent copyright to all their photos, unless they are being employed (not hired for just one shoot, but an actual employee of someone) or the setting, timing and direction of the photo is directed by another person, making that director the owner of the copyright.
@Jepchamp
Additionally, It does not matter if it is there event or not, they can prohibit me from taking photos in areas under their control by all means. But not all these photos are taken at their events, but other events (competitions) that are someone elses entirely that our gym happens to be at. Even at pro set up shoots with models and the photographer is hired from the outside, that photographer STILL owns the copyright of those photos, even though they may be used by another source.
5 Answers
- Anonymous5 years ago
That "rule" is going to prove to be a tremendous exercise in futility and waste of (their) time when someone decides to contest it in a court of law, using the First Amendment as cause. NO ONE can force you to surrender/hand over YOUR artistic property also known as YOUR copyright, yours the micro-second you press the shutter release button, regardless of who the camera owner is! NOT EVEN an official government law enforcement personnel can demand or order you to surrender your images or to erase said images in YOUR camera or your memory and they cannot legally confiscate it without a court order!
Of course, the school will CLAIM that it's to protect the privacy and safety of the youths, and that is indeed understandable but if the other youths and their parents KNOW you and/or are willing to sign a release then it does change matters. You must understand that parents and school teachers/staff and administration are taking precautions against POSSIBLE child predators or abductors (whatever else) and in today's world, that an honest concern for parents. Meet with the teachers and coach, introduce yourself and offer to give them a copy of the images for their bulletin boards, to share with the school youths, team members and parents. Be nice; you can't just (Humphrey) Bogart your way in there!
Personally, I would also like someone contest the practice where some concert venues prohibit photographing performers concert goers/audience; I believe that, like malls and amusement parks, are NOT private once they open and operate for the PUBLIC that enters onto their property. In other words, once a private property allows, invites and welcomes the public to use its "property" (for which they already have an incentive, monetary reward) it becomes PUBLIC by practice for all intent and purposes of the law. This practice at concert venues is nothing more than slick operators abusing, infringing and violating legal, civil and constitutional rights, freedoms and liberties of individuals. It cries out for a nice, old fashioned court battle but who will champion the cause of individual constitutional, civil and legal rights, freedoms and liberties against opportunistic sly, slick and greedy concert venue owners/operators and their gang of shyster attorneys?
- Nuff SedLv 75 years ago
It's a free country. You can sign the agreement or refuse. When they ask why, you can explain to them that you want $25,000 per photo pr video, if they're going to use it in any commercial way, for each use.
- keerokLv 75 years ago
Yes, they can do that. They can also stop your from taking pictures during practices and performances anytime they want.
- ?Lv 75 years ago
What copyright? Did you publish them? You are taking photos of this organization's events. I believe they have that right. But wouldn't you be happy if they wanted to use one of your photos in an ad or brochure or something?
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- Anonymous5 years ago
No