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Old 02-06-2012, 09:04 PM
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Default Photography business exclusivity contract?

I have a question regarding exclusivity contract for another photography business..

Lets's say I am at a pageant to watch a family member and I take photos of the contestants. Am I legally allowed to post those photos to my facebook page and website for portfolio reasons? Also would I be allowed to sell any prints should a friend inquire about those? I live in Alabama

The school system has a contract with a photog business, and I'm told it is exclusive. what should that mean exactly? Any ideas

thanks !!
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Old 02-06-2012, 09:12 PM
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Was the event held in a place where the general public was allowed to attend? I understand you mentioned that a contract photographer for the school was onsite. If so, he/she has rights to sell images, if it was mentioned in a contract, signed by them and the school, they were the official/sole photographer at the event. I would contact the school to find out.
Then again, what they don't know won't hurt them. All you have to do is plead stupidity and won't do it again.
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Old 02-06-2012, 10:17 PM
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Thanks Jim

As far as I know they have a contract with the school I don't know exactly what it says though.
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Old 02-06-2012, 11:31 PM
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Normally, those are public papers and held in the School district office. Go check it out.
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Old 02-07-2012, 02:25 PM
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Is there any way to enforce an exclusivity clause on someone who wasn't a party to the contract? Basically, the exclusivity agreement prevents the hosts from hiring multiple photographers for the same event. If someone else is there and shooting of their own volition, especially if it's an event that's open to the public, then it seems to me there's really no legal way to prevent the other photographer from doing what they want with the photos.
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Old 02-07-2012, 03:18 PM
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Quote:
Originally Posted by dakwegmo View Post
Is there any way to enforce an exclusivity clause on someone who wasn't a party to the contract? Basically, the exclusivity agreement prevents the hosts from hiring multiple photographers for the same event. If someone else is there and shooting of their own volition, especially if it's an event that's open to the public, then it seems to me there's really no legal way to prevent the other photographer from doing what they want with the photos.
That's what I was thinking myself. Can't stop moms or dads with cameras. Still, ask to read the contract. Tell the school/district officials you were wondering if it was legal for you to take pictures. Don't say anything about selling, but sharing them with other parents.
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Old 02-07-2012, 05:00 PM
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I work security at a dance every year. They don't say anything about photos but claim videotaping is prohibited because of "choreography copyrights". WTF? However they are happy to sell you their professionally recorded video for $25. I'm sort of glad they say recording is prohibited, its distracting enough when the guy in front of you takes a photo, much less holds his iPhone over his head for four minutes.
Even funnier is trying to keep people from "saving seats" like they are back in a middle school cafeteria. I broke a fight up last time...
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Old 02-07-2012, 08:48 PM
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It is a public school event. Tickets are sold, tons of mom with a camera. So don't know why mine would be different. I've just got a bigger faster lens.
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Old 02-07-2012, 10:03 PM
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But, you want to sell your images......that's the key. you can always approach the school and tell them that you'll give them 10% of the profit.
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Old 02-07-2012, 10:25 PM
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If you want to sell the photos, you are probably going to need model release or permission from other parents of the children to have their kids in the photos that you want to sell.

I really do think you need to be careful with what you are trying to do here. If there's a pro already involved with providing the service for the school exclusively, I would respect that. You can always contact the school and ask them, you know.

The last thing you need is for one of the parents to squeal you to the school for trying to sell photos to them when you're not suppose to.

If you want to provide professional service, I think it's best that you stay within the boundaries of professionalism and get permissions required to do what you want to do.

My 2 cents worth.
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