I'd like to open up for discussion a scenario surrounding 'exclusive rights' and what that term actually means when related to or involved with events taking place within public places.
Okay, here we go. An event is organised, say a cycling or running event, which takes place predominately on the streets. On the day in question I assume the event organisers have gained all the necessary permits and have sections of the road cordoned off, not allowing access to the general public, only entrants and officials of the event. There are no admission fees to watch the event, that is, the general public can and do watch from any vantage point, usually on the other side of the cordon (a public foot path).
The event organisers contract a photography company and contracts are signed whereby the photography company has 'exclusive rights' to the event. I'm assuming the photography company pays a fee for these rights and subsequently will profit when selling photos. The event organisers promote the fact that the photography company are the official photographers and further I assume the event organisers provide all the registration details of the entrants to the 'official photographers' for obvious reasons.
I'm curious as to the validity of the term 'exclusive rights' and how it can actually be enforced or further how anyone can be in breach of that agreement if they were not a party to that agreement in the first place.
Does it mean that entrants are denied purchasing or obtaining photographs from some organisation other than the 'official photographers'? I assume the event organisers would be prevented from promoting another source of photographs. Does it prevent other organisations or individuals from taking photographs? Does it prevent another organisation or individual from somehow promoting the fact that photographs of the event are available whether for fee or free?
ps. Yes, it's a given, for proper advice seek out a lawyer, but it's still a good topic for discussion.