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Re: [OM] copyright issues

Subject: Re: [OM] copyright issues
From: "Dirk Wright" <wright@xxxxxxxxxxxx>
Date: Fri, 30 Jun 2000 14:55:32 EDT
>
>Please keep us advised as to what you find out. In the racing
>photography world this is a very serious (and hotly debated) issue. In
>fact, this year NASCAR tried to do what the NFL does which is not 
allow
>media credentialed photographers to keep their own work among other
>things that alientated the media until they (NASCAR) backed down. 
Print
>sales by racing photographers is also something that is part of this
>debate. What I and others maintain is that so long as our print sales
>are "limited art" prints that we are okay as we are entitles as
>"artists" to sell our "art." One major racing sanctioning body I am
>aware of has threated some photographers that if they sell prints
>obtained with a media credential that they would "blackball" their
>ability to receive credentials in the future. It's not like many of us
>who shoot motorsports are getting rich off of it, a few do well, but
>like most types of photogography, most (like me) struggle.
>

OK, I'm NOT an attorney, so my advice could be all wrong. But, both 
NASCAR and NFL are private corporations, and the venues for the events 
are private also. So, they can basically make up whatever rules they 
want about photography, etc. Exemptions are usually provided for the 
news media because they want free exposure through news channels. 
Photographers there to make money off of prints is another story. Note, 
this has NOTHING to do with copyrights. It's their property, it's their 
program, they can make up the rules to suit them. If you are there to 
make money selling prints, I would be very careful to not offend 
anyone, particularly the team managers and owners. If it were me, I 
would build good relationships with the team owners and managers, since 
the heads of the organizations (NASCAR, etc.) listen to them more than 
anyone else. At least that's the way it appears to me. 

The issue of photographer's no longer owning their negatives is an 
ongoing problem. Many news organizations (AP, etc), only sign contracts 
with photographers that are willing to give up their copyrights to the 
pictures. There's a name for these kinds of contracts which escapes me 
right now. 

Hope this helps.

Be seeing you.


Dirk Wright

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