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Photographer vs. NCAA, Var. Team, and some Website
Gerald H. Ling, Photographer
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Storrs | CT | USA | Posted: 9:58 PM on 09.21.06 |
->> Don't know how else to title the post but that should suffice I guess. But here is the scenario:
Student photographer enlists a few players on a Division-1 college team for a photo-shoot through a friend. The photo was for said photographer's own portfolio and assignment while attending a photography school. Supposedly, model releases were signed but since locating them is questionable at the moment, let's assume no model releases were signed. Images were not sent for copyright documentation. RAW images are with photographer. Photographer posts images online on personal website as a part of portfolio (not for sale).
Then, few weeks/months later (i.e., now), photographer is contacted by the player(s) in the image(s) informing photographer that they are suspended from the team because the said photos(s) were published/posted on a separate website where visitors vote whether the individuals in the photo are "hot or not". Photographer is then requested to contact the coach and the athletic department of the said college to "sort things out". The photographer did not publish/post the photo(s) on the latter website or anywhere else for that matter.
Now, I have my own take on it (and it hints on BS in defense of the photographer) but I would like to seek the advice of those who are more familiar with the ways of such situations; the law can be real sneaky if one is not familiar with it.
Thanks. |
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Jon Gardiner, Photographer
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Durham | NC | USA | Posted: 7:47 AM on 09.22.06 |
->> Sounds like the problem is ,"How did the photos get to the website for the who's hot and who's not vote." (could be viewed as advertising depending on the site) Seems to me that all the other stuff might be moot.
-J |
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Gary Meidinger, Student/Intern, Photographer
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Emporia | Ks. | USA | Posted: 8:04 AM on 09.22.06 |
| ->> Anyone can pull a photo from the web, save it and then post it somewhere else. As a past photo editor for a college paper we many times used phots from the web that we could not get prior to the article runing but it was with permission. The "Who's Hot or Not" is basically the same but it not advertising. Someone thought the person may have been hot so they took the picture and added it witout permission. This is the only thing that you can tell the coaches. The best thing that could help you is if you could find out who put the pic on the site. |
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Gerald H. Ling, Photographer
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Storrs | CT | USA | Posted: 8:41 AM on 09.22.06 |
->> Jon,
The image(s) in question was stolen and posted on the "hot or not" website by someone else, not the photographer.
Gary,
I concur and effort is being made to identify the individual who stole the image. |
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Jeff Mills, Photographer, Photo Editor
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Columbus | OH | USA | Posted: 5:20 PM on 09.22.06 |
->> This is the very reason most all NCAA D1 athletes are so typically off limits to the media. Any and all request usually have to go through the schools athletic comm. dept. Even when you do get to shoot said atheltes, a representative from the unviersity is on hand. And they are never going to grant a photographer access to athletes for the purposes of wanting a portfolio. If your the daily newspaper, large publication etc you can get some access, but thats more of an exception than the rule.
So what do people try to do ? Go around the rule and have friends of friends ask. Maybe someone used to room with said athlete during freshman year. It happens and sometimes its blows up in everyones face.
When I was a student photo editor for Ohio State, we were not even granted access to student athletes for photo shoots. Too many liabilites with eligability and so forth to risk it. They always would simply request we took a photo during practice and so forth.
Some student gets a few star players together for some photos, maybe just for portfolio use in the intention, but then they appear somewhere else as these did. Suddenly team has eligiablity problems and they face a losing season. Millions of dollars at stake for some of these schools.
Simply isnt worth risking it happening, nor the NCAA investigation that could result. Athletic programs are already facing so many violations on player conduct seemingly each year. Its got to be one stressful job in the compliance office these days |
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