Hairy territory

greenmountainathlete

I am a sports photographer operating in Vermont where we have an abundance of ski resorts. Unfortunately, there is also an overabundance of cheesy photography companies operating out of these ski resorts. The product these companies offer are fine for the average family vacationer but there is a large demographic which is missing out thanks to this monopolization of the ski resorts: The competitive athlete. There is a very strong community of ski and snowboard competitors who are faced with little or no service as they travel from mountain to mountain.
You can probably see where I am going with this. I want to know if I have an rights to photograph these competitors and sell the photographs back to them. The sales would be strictly through the web and the events are open events. Many parents take their own photographs so the photography itself is not an issue. Also, I don't know if there is an official policy on this, but many parents do not even have tickets to the ski resort. They simply walk up the mountain to where the event is held.
Do I have a leg to stand on? What if I go ahead and start selling and one of the photography companies takes an aggresive stance?
Thanks upfront for any advice/input.

Snowgirl

Good question - and it applies to any and all sport events where there is an 'official' designated photographer.

I've been on both sides of that fence and don't have a definitive answer.

For example - Spruce Meadows (Canada's, if not North America's, premiere showjumping facility) always has one or more designated photographers not to mention many authorized media photo-journalists on site. Only accredited photogs. can get into the rings but anyone can shoot from the sidelines. And everyone can sell their photos if they want. Basically - if the customer finds a shot they want, they'll buy it regardless of who took it.

Locally there's an unwritten courtesy rule at horse shows. Same thing - the official photog. gets into the ring but others shoot from the sidelines. Generally only the official photog. sells - particularly on-site. It's a grey area - what if the customer wants a shot taken by one of the sideline shooters?

Realistically, unless all cameras (except designated shooter) are banned from the premises - what can be done? not much.

At the Olympics and at the World Equestrian Games there are literally HUNDREDS of accredited photographers and you want to be they're all selling their shots to someone.

greenmountainathlete

snowgirl reply
Thanks! Even if it remains a "gray area" it's nice to hear that someone else has similar experience. I guess I'll just go for it and see what happens. I suppose the worst that can happen is they kick me off the mountain.

johng

Well, you should also check any terms-and-conditions associated with a lift ticket. Make sure there aren't restrictions on comercial enterprises. They can't keep you from taking photos. But commercial enterprises are a completely different matter. The slopes are, after all, private property.

johng

Also,

If another company does, in fact, have a contract and that contract does provide them exclusive vendor rights (no different than food vendors really) you have to decide if you want to be a professional or not. Part of being a professional is respecting contracts other outfits have not just the ones that are convenient for you to respect. Having said that, you'll want to be sure they do in fact have an EXCLUSIVE contract. If they do, then you should respect it. If they don't the company can't stop you - BUT the resort still could. They may not like you selling photos any more than some guy setting up a stand and hawking ski equipment without the resort getting their cut/giving their approval.

Cygnus Studios

Also add to this, sponsorships. These contracts with athletes can also have language in them about images taken of the athlete during competitions.