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Huge question about copyrights in state AA sanctioned events
JimKarczewski
Registered Users Posts: 969 Major grins
So, girls semi-finals are upon us, so I started looking up information about requesting credentials for the Finals in March. I'm just wondering... unfortunately I don't have a sports shooter account, how the state athletic associations, get away with this statement (specifically from Indiana's IHSAA):
IHSAA is the owner of the rights to and the copyright holder of all IHSAA Audio & Visual
Works, which includes all still photographs taken of IHSAA Tournament Series
events, all film, videotape and audiotape of IHSAA Tournament Series events
and the live audio and visual broadcasts of IHSAA Tournament Series events
but they don't state anything about fair compensation if they want to use your images to plaster over every billboard in the country.
Just curious if anyones ever run in to this before?
IHSAA is the owner of the rights to and the copyright holder of all IHSAA Audio & Visual
Works, which includes all still photographs taken of IHSAA Tournament Series
events, all film, videotape and audiotape of IHSAA Tournament Series events
and the live audio and visual broadcasts of IHSAA Tournament Series events
but they don't state anything about fair compensation if they want to use your images to plaster over every billboard in the country.
Just curious if anyones ever run in to this before?
Jim Karczewski - http://www.jimkarczewski.com
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Comments
How about this First line: " On April 26, 1976, Phil N. Eskew, Ward E. Brown and Charles F. Maas, as incorporators, executed and filed in the office of the Secretary of State of the State of Indiana, Articles of Incorporation for Indiana High School Athletic Association, Inc., under the provisions of the Indiana Not-For-Profit Corporation Act of 1971."
I'd say they have a right to it! I bet you're thinking open to the public and all that...but I don't think it's like a puclic event. it's an organized event, and they have a Brand, n'es pas?
Chapter 2 §201 · Ownership of copyright
(a) Initial Ownership.—Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.
Chapter 2 §204 · Executionoftransfersofcopyrightownership
(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.
My understanding of the copyright law is that the photographers owns the copyright as soon as it is taken and a copyright transfer can only take place via a written document signed by the copyright owner.
In my opinion this is as ridiculous as me stating that I own the copyright to any photograph that any photographer ever takes of my because I am in it. While I could certainly make the statement it sure doesn't mean that anyone would take me seriously or that a court would side with me if I demanded free photos from a photographer.
I can just see where this thread is going to go!
Scoot over cause it has gone South!
Almost every large sports organization from car racing to football have express views about what they feel is theirs.
Can they forbid your actions? Absolutely.
Can you shoot those actions? Absolutely.
Can you sell those images? Absolutely.
Can they sue you until you are selling a kidney to pay the legal fees? Absolutely.
Organizations build brands and some are more willing to protect that brand than others.
They state their legal belief in writing for all to see.
If you wish to challenge that legal belief, you are more than able to try.
You may get away with it, you may be buying your attorney a new addition on their house.
The best part is, life is full of choices.
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add butter to the popcorn and pop a cold bottle of beer and I'll join you in the bleachers,
.
Moderator of: Location, Location, Location , Mind Your Own Business & Other Cool Shots
:d It does begin to add up Doesn't it?
What have you decided to do?
Shoot your pics and stand behind the "no written contract means their mine", or another approach.
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