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[Olivia]

 
 I am looking for advice.  Can a Ryder Cup golf team photo be used on the cover of a brochure?  It is not technically an ad?

It was not a formal pre-staged photograph, but a spur of the moment photo that was assembled right after the tournament was over with the team holding the USA flag, the Cup, etc.   

The golf course purchased the unlimited rights from me years ago for the team picture, as well as hundreds of action shots, and they have used the pictures on place-mats , bag-tags, video covers, hanging on walls,  etc. but now they claim that the contract is invalid because they cannot use the photos in any way, although they are currently viewable on the course's website.

Can a golf course continue to use recognizable golfers on clubhouse walls, newsletters, and brochures to place a historical perspective on the resort?  They are not being used in advertisements, but just to say, “This event took place here.”

 Another example, a wide angle picture of the open ceremony, without any recognizable faces, was used on the front page of the local newspaper. I emailed the newspaper and asked for a photo credit, and they said, sorry, the picture was provided by the course.  My thought is that since the picture is being used, and supplied by the club, and not me, then the club is getting value from the photographs despite what they claim.  I feel the  :(original contract should be valid.

Can an "organizing body" prevent the use of photographs taken at a professional event?

 
 Advice? Thoughts?

 I'd like to talk with someone privately to discuss this in greater detail.

TIA.

Olivia

 
 
 
 

[raj]

Professional Sports Photo is a diferent kind of photographic work that may have several issues in the copyright world. First it starts, if you are a player or the member of the sport team....
a. Do you have contract with your team about photograph of your performance. [I consider players as a performer: it may be the subject ot be disscuss but justifiable]
b. if yes, did your team make any contract about photograph with event manager group?
c. if yes, what about copyright of such photographh in such contract?

In all these condition if copyright contract have been made between you and other entities then issue will be guided by the contract itself under the copyright law. If not You have exclusive right to control the use of such photograph except in the way they use under fair use doctrine.

[JSonnabend]

I can't decipher what Raj tried to say, so I can't comment on his thoughts. 

In my view, much depends on the circumstances surrounding the taking of the photo (e.g., where and when it was taken, whether there was a "contract of admission" to a forum, etc.), as well as the exact nature of the photo itself (e.g., what exactly it depicts).

Certainly, you are wise to be concerned about your rights to use the photo.  Unfortunately, you won't get anything more here than general advice from some qualified individuals (as well as off the wall advice from some wholly unqualified people).  In the end, I would encourage you to speak directly with a qualified attorney about the matter.

- Jeff