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Thread: Was I In The Wrong?

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    Was I In The Wrong?

    An issue has been sitting in the back of my head for a while and though the matter was mostly resolved (the other party called me lots of bad things and i ignored them) im still not 100% sure i was in the wrong. First ill set the scene

    In town there is a motorcross club, something i wanted to have a go at was some motorcross photos so on one of the weekend they were running i went out to take some photos, i arrived early and introduced myself to the organiser who informed me they had a club photographer (the presidents wife) but there would be no problems with me taking photos as long as i wasent selling them. I informed him that i had no plans to sell the images and that the club could have un-watermarked copies for their own use.

    12 hours later and 4 or 5 "would you mind doing this for us" later i got home and went through the images picking out the good ones to process and put on my website (which i did inform them that i would do). I put all the images onto a thumb drive in folders labled "Originals" "Photoshops" "Water Marked-Club Logo" "Water Marked-Mine and Club Logo" with the intention of giveing it to them next time i was down there. Now being that it was late and i was exhausted i posted a link on their facebook page with the album i had uploaded the images to. All the cleaned up and good photos were on there and they were all watermarked with mine and the clubs logo. I then went to bed knowing i had to go to my real job the next morning.

    When i woke up the next morning the club page was still up on my computer and in place of my album link was a notice saying that i had taken advantage of the club claiming i was taking photos for my use and was trying to sell them back to the club and its members. 3 days worth of emails followed trying to sort the issue out. At no time did they try and contact me to resolve the issue before putting it up on facebook. In the end i was told they thought i was trying to sell the photos and claim that i created the club logo...something i couldent work out whey they go that idea.

    Ive attached 1 of the photos in question (which i dont think is good enough to sell anyway.) I guess the real nagging thing in my mind is did i do the wrong thing by putting their logo on my photos on my site or did they just jump to a wild accusation with no grounds. For those curious i have done more motorsport stuff since this and 1 event even asked me to watermark with their logo and mine, others havent had an issue. But is it something i should stay away from?
    DSC_0833.jpg

  2. #2
    Administrator ricktas's Avatar
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    Yes. They own the right to the logo, you used it without permission. Think what would happen if you started using the McDonald's arches on your photos. McDonalds would have you in court and sue you for more money than you were every likely to earn.

    Using their logo without their permission (in writing) could have landed you in court!

    Whilst I think your intentions were not to sell the photos, that is a separate issue to using their logo. You will learn, that like any business, you need to get any contracts/deals/agreements in writing!- before the event.
    Last edited by ricktas; 20-10-2012 at 7:56pm.
    "It is one thing to make a picture of what a person looks like, it is another thing to make a portrait of who they are" - Paul Caponigro

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    The issue probably sits with producing better images than the president's wife. You're on a no win situation, so I'd suggest move on and forget it.
    Remove all the photo's/links to their page, or just re-process without any association to their club and remove links.
    People just don't appreciate what you were doing, which is a shame.

    I also agree with Rick!
    Last edited by aussieray; 20-10-2012 at 8:01pm.

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    Thanks guys...the photos were removed as soon as i saw the post on facebook and have not seen the light of day since.

    I did pick up a bit of "what are you doing on my turf" on the day of the shoot...guess i just pushed the final button. Again thanks heaps.
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    Ausphotography irregular Mark L's Avatar
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    Just a hypothetical. If this type of photo was being taken from an adjoining road or other public land, could they be used however you wish?

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    Administrator ricktas's Avatar
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    Quote Originally Posted by Mark L View Post
    Just a hypothetical. If this type of photo was being taken from an adjoining road or other public land, could they be used however you wish?
    Yes and No. No you could not put the logo on it (separate issue). The other question is used 'however you wish'..depends on how you wish. You cannot use a person' likeness (photo) to advertise, without their permission. So you could not use one of the photos to sell to a company to advertise a bike helmut for example. So it depends on how you wish!
    Last edited by ricktas; 20-10-2012 at 9:22pm.

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    Why would you give them the images for no benefit. There are plenty of clubs and organizations that would be happy to get coverage of there event and let you sell images in return for water marked images for there site. In my opinion the club president wasn't acting in the best interests of the club.
    Thanks Steve
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    Im still trying to get all the experience that i can and this is a very small town...walking upto a community group and saying im here to do some practice but if you want the photos you have to pay for them would in most cases result in a laugh, some expletives and a point in the other direction. Luckly for me a few other clubs in town now know about me and rather then shy away have asked me around...which is nice.

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