School Performance photography - can they do this?
Z- wrote:
Hello - I photograph drama performances in our town for the local schools. The school system has given me permission to post these images and offer them for sale to the students and families involved. Nobody is supposed to be allowed a camera/video device in the theater during performance. However, we know that this does not occur.. I hear and see snapping during the entire performance. Recently, a person has taken the photographs and offered them 'for sale' on the Internet. This has offended me and the school system involved. Can they do this? It makes me think that if this is the case I'll go to a wedding and photograph and offer the photos for sale to the bride and groom for less than the official photographer.. (never would-kidding) I follow a rule of ethics... ;) Regards Z Questions the lawyer will ask: Where did this happen. Show me your written contract. Show me a ticket to the event. Where there any signs posted about no photography. Show them to me and their placement. Show me all the advertisements for the event. Show me the model and property releases you have. Show me the creative releases you have from the producers of those events. Tell me all about the event. Who is this third party. (e.g. Newspaper that may have the legal right to publish) Answer you are likely to get may be along the lines of: You do not have standing to sue. However the school may and the persons in the pictures may. You are going HUH? It isn't your copyright that is being violated. It isn't your right of privacy that is being violated. It isn't your right of publicity for your school property that is being violated. It wasn't your property that was trespassed upon to make those photographs. Remember the contract you have is between you and the school, not this other third party. You may be able to sue based upon a claim that this person is interfering in your business based upon the contract you have with the school. The real claim you may have might be against the school for not strip searching the patrons to prevent cameras from getting in the venue or not suing this third party to stop them. In short, you need to talk to a lawyer. |
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