Convention claiming "all rights" to all photography and media recorded. Is this legal

[Cuchulainn]

The PBR contract may be a little different, though not as much as you may think if you read between the lines. Different wording, but the same basic result. They are restricting commercial use of any images that you take. They are not alone in doing this. I just posted it as an example of how restrictive some events can be. Manifest is lenient by comparison. So a short and simple answer to the original question as to whether it is legal for them to restrict commercial use of images taken at the convention... absolutely it is. The bottom line is that events holders such as PBR and Manifest are entitled to establish the rules of access to their events.

[jdepould]

They can't just redefine words. "Commercial" has an established legal definition, and if they want it to mean something else, then they have to say everything they mean.

[dakwegmo]

Originally Posted by jdepould

They can't just redefine words. "Commercial" has an established legal definition, and if they want it to mean something else, then they have to say everything they mean.

Isn't that what I just said?

[kirbinster]

Seems like a non issue if you can sell your stuff and they can too. First they have to find out what you have and then get copies from you. No where does what you posted seem to say what quality image you have to give them - so I guess you could just give them a thumbnail and if they want to enlarge it and get crap well that is their problem.

[Loose_Canon]

The Manifest agreement is fairly common and is more liberal than the PBR contract. The keyword to watch for is EXCLUSIVE. PBR wants exclusive use of your images (you cannot use them in any way). But these restrictions allow no incentive for a freelance photographer to attend and photograph the event, so they are eliminating their own opportunity for photos. So, the answer when dealing with exclusive contracts is to contact them and discuss the matter.

Regarding Manifest, they only "claim commercial rights" (the right to use & sell your images) but they do not seem to demand exclusivity. I'd suggest registering for a press pass and read whatever they want you to sign. Keep a copy, and if it requires their exclusivity, I'd discuss it w/ them. It has to be a win-win or you both lose.

[Loose_Canon]

Originally Posted by neilcreek

Quote:
23. By attending a Manifest event, you agree to possibly being filmed or photographed and that resulting footage to be used in future promotional activities related to Manifest.
This point does not ask for permission for commercial use of images of attendees, and as such isn't a model release. That puts points 4 and 23 in conflict with each other.

Actually, they don't. I've seen these notices at large heavily promoted professional event here in Dallas, Texas, USA. By buying an admission ticket, you are agreeing to the terms of admission, which include possibly having your likeness recorded and used for promotional purposes. So by buying a ticket you affectively give them your "model release."

I have seen similar signs at weddings - "Attendees agree to having their likeness recorded ... blah blah blah." It is legal in the US. If you don't agree, don't buy a ticket...

More to the point of you being a photographer at an event like Manifest, and you photograph people there, you cannot legally sell their likeness without their written permission, at least not in the USA. One simple answer is the "business card release" - a simple release printed on a business card - may save your behind in court.