Discussion:
What is the name of your state?South Carolina
I am huge College Football fan, as well as a photographer. I recently (a year ago) took a picture during a local Colleges' football game. I thought it was a good picture and gave a copy to the school. Since then, the school has used the picture on the cover of its media guide, without my permission and without giving me credit. When I contacted them about the use of my picture they offered, by email, to let me have a photo pass for the final four home games, including a big rival game. I agreed that would acceptable, but now they are trying to renig on the final home game, the rival game. I was wondering what legal options do I have, if any, for my picture since they are breaking their end of the "contract."
Thanks
Answer:
You have the right to sue them which should take about a year to come to court ...just in time for NEXT YEAR'S big rivalry.
otherwise, you have no legal issues.
Answer:
What is the name of your state?South Carolina
I am huge College Football fan, as well as a photographer. I recently (a year ago) took a picture during a local Colleges' football game. I thought it was a good picture and gave a copy to the school. Since then, the school has used the picture on the cover of its media guide, without my permission and without giving me credit. When I contacted them about the use of my picture they offered, by email, to let me have a photo pass for the final four home games, including a big rival game. I agreed that would acceptable, but now they are trying to renig on the final home game, the rival game. I was wondering what legal options do I have, if any, for my picture since they are breaking their end of the "contract."
Thanks You could sue them for copyright infringement, but unless you registered the copyright, you will be limited in the damages you can collect. Plus, the fact that you gave them the picture could be seen as a sort of "implied license" by the court -- your giving them the picture could be construed by the court as giving them a license to use the photo as well. But that would be for the court to decide based on the facts.
You probably have a better case if you were to try and figure out how much money you would be out if you aren't allowed to photograph the final game -- figure how much it would cost for you to purchase a photo license for the game, and how much you would reasonably have made selling pictures that you would have taken during the game, and take them to small claims court. That's probably your best bet.
You could also try and get a court to enjoin the university from keeping you from photographing the game based on your agreement, but that's a long shot, and would certainly cost more in legal fees than it would to just buy a pass for the game.
Best bet -- figure out your damages, and take them to small claims court.