What is the legality of photographing and selling high school sports photos?

[ElCapitan]

I've recently started photographing high school sports, mainly the high school I went to year ago. I didn't initially plan on making any money of it, but one of my buddies has a younger brother on the team, and his mom purchased some photos from me. I decided to use smugmug to make it easy to view and order prints and to make it easier for other parents to do the same.

I noticed that the school's website has 2 links to some photographers who shoot school events, so I thought it might be a good idea to inquire about getting my link put up there. The response stated that these photographers are not paid by the school, but the photographers give a portion (not sure how much) of their earnings off these photos back to the school, and that these photographers are the only ones authorized to post and sell school photos.

I am planning on meeting with the one in charge about trying to get my site linked, but regardless, would they have the right to tell me to stop selling photos? I've only sold the ones to my friends mom, but I'd like to sell the others. I looked at the other photographers, and while he has a few good stuff, I honestly think my photos are much better.

[Naois]

A friend of mine does the same thing - smugmug and all. I think the short answer is, they don't have any right to tell you not to sell your photo's. The only benefit would be to have your link on the schools page, but my friend actually advertises on his town's website as a town event photographer. I would check with a lawyer if you are really concerned.

[Biomech]

I think they only say that so they get a cut. Big events - they should be paying you! not the other way around. But I also don;t see anything wrong with approaching businesses and offering yourself to infiltrate their event and cut them in. Even if it;s just in advertising exposure.

[Jim Poor]

Though they probably don't have the right to tell you not to sell photos you've taken, they do have the right to ban you from future events.

[Ania Photo]

No one has a right to tell you that you can't sell your photographs. It is business, and business is having a product or service and then finding someone with a need for that product or service.

When it comes to the regard of a link on the school site, think about how many people will actually take a look there and whether it is worth giving a portion to the school. You may be better off getting more clients by the family you photographed spreading the word about the work you do (you keep the profit). You could actually find a really nice niche here and make some really nice money. I say this from experience as it is can be a real challenge to get into high school sports photography as a business (it is very competitive). You have one really strong step in already.

[rossim2i2]

I agree with Jim Poor. I don't think they can stop you from selling your photos, but if someone at the school has a real issue with what you are doing, they can probably ban you from the events.

[theosus]

Originally Posted by Jim Poor

Though they probably don't have the right to tell you not to sell photos you've taken, they do have the right to ban you from future events.

I second this. If you expect to continue this business, you will need to involve the school eventually. It is likely you can get the same deal as the others - giving a portion of your profits to the school. They can ban you from events, if you return, you could be arrested for trespassing.
If they DO ban you, you can still get shots of the kids at OTHER schools (away games). Each one would have to ban you in turn. I would try to get some sort of agreement first.

It may be an exclusivity deal with the photographers, or they may be a couple of people who have been checked out and the school is sure they aren't people with criminal records. The school may just ask you to go through the same checks.

Of course, there may be ways around it. We have some public football and baseball fields around. It would be very easy to tell a parent "just dress johnny in his football uniform and meet me at the city field tomorrow". When you get that closeup of him pulled back for the pass with the goalposts in the background, people will ask, "wow, it looks like you're right there on the field!"