Taking/posting photos liabilities

Guido5Guido5 Registered Users Posts: 22 Big grins
edited January 11, 2009 in Sports
I recently took some photos at my daughters gymnastics and swimming meets and posted then to my website http://actionshotsohio.com. These are public events sometimes they charge admission. Here's my question...I was asked if I had gotten a waiver (liability?) to post pics other then my daughters. I thought since it was a public event (meaning anyone could have gone to watch) that a waiver was not necessary. Am I misinformed? Am I on thin ice...

Obviously, I would remove any pics of someone a family did not want posted, no questions asked.

Thanks in advance...

Guido5

Comments

  • rkw624rkw624 Registered Users Posts: 260 Major grins
    edited January 10, 2009
    Guido5 wrote:
    I recently took some photos at my daughters gymnastics and swimming meets and posted then to my website http://actionshotsohio.com. These are public events sometimes they charge admission. Here's my question...I was asked if I had gotten a waiver (liability?) to post pics other then my daughters. I thought since it was a public event (meaning anyone could have gone to watch) that a waiver was not necessary. Am I misinformed? Am I on thin ice...

    Obviously, I would remove any pics of someone a family did not want posted, no questions asked.

    Thanks in advance...

    Guido5

    Helpful information here: http://www.krages.com/phoright.htm
    Rich
  • johngjohng Registered Users Posts: 1,658 Major grins
    edited January 10, 2009
    No waiver is required. As you said though, if someone objects then remove the photos of their child. The only real consideration is whether or not you're selling. If you're selling - again you don't need a waiver but you want to be sure there is no contract with a photographer granting them exclusive rights.

    Do NOT confuse an event that is open to the public with something occuring on public property. An event coordinator has the right to set up rules (within reason) - including the allowance or prohibition of photography and the sale of said photos. Outside on public property is a different matter.

    However - if you intend to really sell photos you should be speaking with the organization in question - in this case your daughter's team coaches and any event coordinator if the event is in another location. That's the best way to avoid confrontation with others - the fact you have permission of the team / organizer.
  • nipprdognipprdog Registered Users Posts: 660 Major grins
    edited January 10, 2009
    johng wrote:
    However - if you intend to really sell photos you should be speaking with the organization in question - in this case your daughter's team coaches and any event coordinator if the event is in another location. That's the best way to avoid confrontation with others - the fact you have permission of the team / organizer.

    Just sayin'.

    :D
    Jim

    http://www.knippixels.com
  • Guido5Guido5 Registered Users Posts: 22 Big grins
    edited January 10, 2009
    Understand...most of my shots are my daughters or friends of the family. Goal is not to have confrontation with parents so seeking team/event permission it shall be. My only comment on whether somone has a contract to exclusively take photos at the event...well that is partly how I got started. Some of the photos from the "exclusive" guy where not shot timely or trying to capture the right moment, especially since they had the best seat at the event for taking photos. I'm outside the boudaries where parents are allowed moving around trying to get the right angles etc, etc

    Thanks all for your advice...
  • Cygnus StudiosCygnus Studios Registered Users Posts: 2,294 Major grins
    edited January 10, 2009
    You would probably not have too much of an issue with taking the pics or posting the pics as long as you are in the parents area.
    If the "official" photographer has an issue with it, whether they are good or not could lead you to being asked to leave.
    Keep in mind, that you may be taking business away from this person. Deserved or not, it should be considered.
    Steve

    Website
  • johngjohng Registered Users Posts: 1,658 Major grins
    edited January 10, 2009
    Guido5 wrote:
    My only comment on whether somone has a contract to exclusively take photos at the event...well that is partly how I got started. Some of the photos from the "exclusive" guy where not shot timely or trying to capture the right moment, especially since they had the best seat at the event for taking photos. I'm outside the boudaries where parents are allowed moving around trying to get the right angles etc, etc

    Thanks all for your advice...

    I understand the person with the contract might not be the best photographer. But you seem to be starting a sports photography sales business. Part of being a "professional" is respecting other professionals. If the photog does NOT have an exclusive contract then it's fair game. But if he/she does my advice is that you respect their contract. As a sports shooter working in the Ohio market I would not appreciate another shooter stepping on my "toes" when they know I have a contract for an event. If they do a poor job then seek the contract yourself - or at least take photos at an event they are not contracted for. In the end, it's your choice what type of business person you want to be. But just remember, some day that might be YOU with the contract. At which point you probably wouldn't appreciate 4-5 other shooters taking and selling photos at an event you paid to have exclusive rights to shoot.

    If you're talking with the team / organization and being upfront about your goal of selling photos they should let you know if they have an exclusive contract with another photographer. And if they dont then it's free market at it's best.
  • Guido5Guido5 Registered Users Posts: 22 Big grins
    edited January 11, 2009
    johng wrote:
    I understand the person with the contract might not be the best photographer. But you seem to be starting a sports photography sales business. Part of being a "professional" is respecting other professionals. If the photog does NOT have an exclusive contract then it's fair game. But if he/she does my advice is that you respect their contract. As a sports shooter working in the Ohio market I would not appreciate another shooter stepping on my "toes" when they know I have a contract for an event. If they do a poor job then seek the contract yourself - or at least take photos at an event they are not contracted for. In the end, it's your choice what type of business person you want to be. But just remember, some day that might be YOU with the contract. At which point you probably wouldn't appreciate 4-5 other shooters taking and selling photos at an event you paid to have exclusive rights to shoot.

    If you're talking with the team / organization and being upfront about your goal of selling photos they should let you know if they have an exclusive contract with another photographer. And if they dont then it's free market at it's best.

    Your points are well taken. To date, I haven't advertised at an event that I was trying to sell...usually I shoot mostly of my daughters or friends kids if they ask and have never shot anyone from another team. This all started because I've always given family friends the typical 2-3 photos I shot of their kid at a game/event. Haven't even been paid for my first photo yet...still believe my "skills" need to be sharpened. Through their encouragement it is slowly growing to something I'm not sure of what yet.

    Again, your points are well taken and appreciated. Would love to run into you in Ohio just to talk sports photography. Ever shoot around Columbus?
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