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|| SportsShooter.com: Member Message Board
Media Credential Language-Assistance
Ken Charnock, Photographer
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Charlotte (Mooresville) | NC | United States | Posted: 9:25 AM on 08.22.11 |
->> My daughter is a 2nd year law student, she is going into Intellectual Property Law. She is writing a paper and is looking for Media Credential Language and/or Media Contract Language that restricts the rights of the photographer/media in any manner.
This is a portion of the email from her to me asking for assistance:
"I think there could be first amendment issues when a state funded sports team places restrictions on the media-even if the state or city just paid for the stadium. There are cases that say if the state had funded any part of the team/stadium, the team can't do anything that would infringe on peoples' constitutional rights. So I am looking for what kind of restrictions they impose on the media."
Please send to: ken.charnock@gmail.com or post here for all to see.
Any help is appreciated.
Thanks,
Ken |
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Chuck Liddy, Photographer
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Durham | NC | USA | Posted: 9:48 AM on 08.22.11 |
| ->> Oh I really want to hear how this pans out. This could make the NCAA, NFL, NHL and every single promoter of any concert heads explode. Keep us informed. |
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Mark Loundy, Photo Editor
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San Jose | CA | USA | Posted: 4:23 PM on 08.22.11 |
->> Ken, I can put you in touch with some of the legal minds at the NPPA. Message me off-list.
--Mark |
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Aaron Jaffe, Photographer, Student/Intern
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San Diego | CA | USA | Posted: 5:54 PM on 08.22.11 |
| ->> How great is this? A father with an intelligent prospective IP lawyer to be daughter. I can only wish I grow my own too. Lucky you. |
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Robert Hanashiro, Photographer
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Los Angeles | CA | | Posted: 6:32 PM on 08.22.11 |
->> I think the one thing that would be most helpful is for Ken (and his daughter) to receive copies or scans of media credential use agreements.
Most credentials have this printed on the back or they are in the team or leagues media guide. Also teams now often require the media to sign agreements before their credential will be issued.
(I have even seen this at high schools sports, but that's a whole different controversy.)
I have been involved in this discussion on a fairly high level in the past...Best of luck. |
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Kevin Novak, Photographer, Assistant
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Bel Air (Baltimore) | MD | USA | Posted: 6:38 PM on 08.22.11 |
| ->> Ken, I'm certainly no expert, but in some cases it is a quasi-governmental board or authority that actually finances and builds the venue, possibly avoiding just such an issue. In Maryland, it is the Maryland Stadium Authority. |
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George Bridges, Photographer, Photo Editor
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Washington | DC | USA | Posted: 8:01 AM on 08.23.11 |
->> Though they have some (ok, a lot) of public funding, courts have held in the past that stadiums are still private concerns -- the argument has been tried, if I'm recalling correctly because I've had the same question.
Generally the team is privately owned, yes the Packers are owned by the fans, but still technically privately owned by those investors. Same as GM is a private company owned by thousands of investors.
The stadium may be publicly funded but the argument is the team is a tenant and pays rent for their use. It is the same as when concerts or other functions are there. The user is renting for the night and can place restrictions on access.
There are many such examples, though these may be far-fetched they sort of apply: A fire station is a publicly-owned building, but you can't just walk in a sleep there even though your taxes paid for it. City convention centers are publicly-funded but when the big trade show it there you can't just walk in and attend, they are renting and you have to pay the trade association for access and media can't just walk in and cover any event. Etc. etc. etc. |
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Robert Scheer, Photographer
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Indianapolis | IN | USA | Posted: 8:27 AM on 08.23.11 |
->> Ken, here's an off-the-beaten-path one for you:
A recent roller derby contract for upcoming tournaments:
http://tinyurl.com/3fm57c3
Your daughter will find these passages particularly interesting
"the WFTDA and/or the league will have the right to use the Photographs in connection with promotional and marketing materials and Photographer will provide suitable high-resolution photographs files upon request;"
"if you intend to license more than five (5) photographs from any one bout or more than thirty (30) photographs from any season (including post-season tournaments) then you must notify the WFTDA and receive prior written consent."
Others: If you have examples of scanned or linked-to contracts from the larger entities (NFL, MLB etc), please post if you're so inclined. |
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Michael Chang, Photographer
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Willis Glassgow, Photo Editor, Photographer
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Florence | SC | USA | Posted: 9:40 AM on 08.23.11 |
| ->> Hey Ken, let me become your new best friend.....LOL....In all seriousness, wish her good luck with her work from all of us. |
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Jamey Price, Photographer, Assistant
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Charlotte | NC | USA | Posted: 1:57 PM on 08.24.11 |
->> Robert, I love this line...
"Avoid shooting a skater over another Photographer’s shoulder. It’s distracting to the skater and often yields two poor photos. Instead, please ask the skater if they would mind sticking around for your shot as well."
Brilliant. Guess they're all photography experts? |
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Delane B. Rouse, Photographer, Photo Editor
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Washington | DC | US | Posted: 2:05 PM on 08.24.11 |
->> Priceless:
"Although the WFTDA will be processing credentials, please note that your credential does not provide event admission, only permission to shoot at the tournament. You are responsible to pay the admission fee to the tournament box office."
You have to PAY the same admission fee the fans pay to do your job. Lovely. |
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Ken Charnock, Photographer
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Charlotte (Mooresville) | NC | United States | Posted: 9:40 PM on 08.25.11 |
->> Thanks for posting on and off the message board.
Keep it coming.
Ken |
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Jody Gomez, Photographer
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Murrieta | CA | USA | Posted: 7:48 PM on 09.08.11 |
| ->> Be sure to get a hold of the PBR's agreement - it's a doozy. I'll look to see if I have an old one laying around although I probably burned it. LOL |
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