World's Sports Photography Competition Copyright Query

[snerkler]

I'm considering entering this competition but have a query about the copyright and permissions. Most of my sports shots are taken at Motorsport events such as the Moto GP, F1, Goodwood FoS etc and I'm not sure I own the rights to publish these or enter into competitions (see section 4 of the link).

Terms & Conditions | World Sports Photography Awards

The World Sports Photography Awards are the only global awards for sport photography. Entered by the world's best sport photographers, judged by leading figures from sports, media, politics, brand and creative.

www.worldsportsphotographyawards.com

The reason being is that I recently tried to submit some to Shutterstock and they were rejected as the say "Content was shot at and event that require press credentials". The problem is that I know Shutterstock must use some sort of automated system to review your photos as some were rejected as they were considered too blurry (they were motion shots with background blur) and some considered to be too noisy despite no noise being present. So have the motorsport ones been rejected under similar dubious reasons or if shot at an event are you not allowed to publish/sell these images unless accredited?

I am aware that some members don't agree with the T's and C's regarding giving your image rights away with such competitions but if we can avoid that debate it would be appreciated

 

[Deleted member 95743]

I'm considering entering this competition but have a query about the copyright and permissions. Most of my sports shots are taken at Motorsport events such as the Moto GP, F1, Goodwood FoS etc and I'm not sure I own the rights to publish these or enter into competitions (see section 4 of the link).

Terms & Conditions | World Sports Photography Awards

The World Sports Photography Awards are the only global awards for sport photography. Entered by the world's best sport photographers, judged by leading figures from sports, media, politics, brand and creative.

www.worldsportsphotographyawards.com

The reason being is that I recently tried to submit some to Shutterstock and they were rejected as the say "Content was shot at and event that require press credentials". The problem is that I know Shutterstock must use some sort of automated system to review your photos as some were rejected as they were considered too blurry (they were motion shots with background blur) and some considered to be too noisy despite no noise being present. So have the motorsport ones been rejected under similar dubious reasons or if shot at an event are you not allowed to publish/sell these images unless accredited?

I am aware that some members don't agree with the T's and C's regarding giving your image rights away with such competitions but if we can avoid that debate it would be appreciated

Well, having just read Silverstone's T&C's I don't think you are even allowed to post your images on Talk Photography. https://www.silverstone.co.uk/terms-and-conditions/general-event-terms-and-conditions

13. Ticket Holders must not make, create, store, record or transmit any kind of sound recording, visual footage or audio-visual footage (“Recording”), or store, record or transmit any information or other data, including official timing, results, performance, telemetry, weather or race control data (“Data”) of, at or in relation to the Event. It is forbidden to take into the Venue any equipment that may enable you to do the aforementioned acts. Personal electronic devices (including still image cameras, mobile telephones and other personal communications devices) are permitted within the Venue, unless otherwise advised, provided that any Recording, Data and any image, including photographic images, and any still pictures derived or capable of being derived from a Recording (”Image”) of the Event that is recorded, stored and/or created thereon is used solely for personal and private non-commercial purposes. As a condition of entry to the Event you agree that (a) the use of any such Recording, Data or Image, for any form of public advertisement or display, or for profit or commercial gain or for any other purposes including without limit for display on any internet site (except the private enjoyment of the person making or storing the Recording, Data or Image) without the prior written consent of the Event Organiser and/or SCL is strictly forbidden and will constitute a breach of these terms and conditions for which you may be liable; (b) on request by SCL or the Event Organiser you shall assign to the Event Organiser and/or SCL in writing the copyright and all other intellectual property in any Image or Recording you create, make, store or record of, at, or in relation to the Event; (c) you consent to the use by the Event Organiser and/or SCL (and by any third party authorised by the Event Organiser and/or SCL from time to time) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide, in perpetuity and on a royalty-free basis, and approved by the Event Organiser and/or SCL of any still or moving picture images taken at the Event where such image includes any image of you, your voice or your likeness and you waive any and all of your personality and privacy rights to the extent necessary to permit such use; and (d) transfer any profits made on such a Recording, Data or Image to the Event Organiser and/or SCL as requested.

 

[sirch]

Well, having just read Silverstone's T&C's I don't think you are even allowed to post your images on Talk Photography.

used solely for personal and private non-commercial purposes.

I realise that the Silverstone T&C are not limited but I suspect that the main intention of that clause is so that Silverstone can "manage their reputation" if necessary. If they did not seek to limit the rights on images taken at the track they would have no recourse to get images taken down of crashes etc.

@snerkler - I think the risk of Silverstone taking action is very low and they are going to start with a take-down notice at which point you just take down the images so go for it. Obviously Shutterstock is a commercial use hence their caution

 

[AndrewFlannigan]

That's the sort of condition that, if I were bothered, would encourage me to go elsewhere.

It also makes perfect sense of old Willy's line: "The first thing we do, let's kill all the lawyers"!

 

[Deleted member 95743]

I realise that the Silverstone T&C are not limited but I suspect that the main intention of that clause is so that Silverstone can "manage their reputation" if necessary. If they did not seek to limit the rights on images taken at the track they would have no recourse to get images taken down of crashes etc.

@snerkler - I think the risk of Silverstone taking action is very low and they are going to start with a take-down notice at which point you just take down the images so go for it. Obviously Shutterstock is a commercial use hence their caution

With all due respect, that is a bit like telling someone that it is alright to drive at 90mph down the M1 as it is very unlikely that they will get caught. Surely it would make much more sense to advise @snerkler to contact the circuits where he took the photographs and ask them for clarification.

 

[snerkler]

Well, having just read Silverstone's T&C's I don't think you are even allowed to post your images on Talk Photography. https://www.silverstone.co.uk/terms-and-conditions/general-event-terms-and-conditions

13. Ticket Holders must not make, create, store, record or transmit any kind of sound recording, visual footage or audio-visual footage (“Recording”), or store, record or transmit any information or other data, including official timing, results, performance, telemetry, weather or race control data (“Data”) of, at or in relation to the Event. It is forbidden to take into the Venue any equipment that may enable you to do the aforementioned acts. Personal electronic devices (including still image cameras, mobile telephones and other personal communications devices) are permitted within the Venue, unless otherwise advised, provided that any Recording, Data and any image, including photographic images, and any still pictures derived or capable of being derived from a Recording (”Image”) of the Event that is recorded, stored and/or created thereon is used solely for personal and private non-commercial purposes. As a condition of entry to the Event you agree that (a) the use of any such Recording, Data or Image, for any form of public advertisement or display, or for profit or commercial gain or for any other purposes including without limit for display on any internet site (except the private enjoyment of the person making or storing the Recording, Data or Image) without the prior written consent of the Event Organiser and/or SCL is strictly forbidden and will constitute a breach of these terms and conditions for which you may be liable; (b) on request by SCL or the Event Organiser you shall assign to the Event Organiser and/or SCL in writing the copyright and all other intellectual property in any Image or Recording you create, make, store or record of, at, or in relation to the Event; (c) you consent to the use by the Event Organiser and/or SCL (and by any third party authorised by the Event Organiser and/or SCL from time to time) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide, in perpetuity and on a royalty-free basis, and approved by the Event Organiser and/or SCL of any still or moving picture images taken at the Event where such image includes any image of you, your voice or your likeness and you waive any and all of your personality and privacy rights to the extent necessary to permit such use; and (d) transfer any profits made on such a Recording, Data or Image to the Event Organiser and/or SCL as requested.

Interesting, I've never actually read the T's and C's from the events Thanks for posting. I guess there's no harm in contacting them to ask.

 

[sirch]

With all due respect, that is a bit like telling someone that it is alright to drive at 90mph down the M1 as it is very unlikely that they will get caught. Surely it would make much more sense to advise @snerkler to contact the circuits where he took the photographs and ask them for clarification.

<Edited because the wording of my first response was a bit harsh>
It is in no way equivalent. Breaking the speed limit is a criminal offence, the T&Cs are a contract. Breaking the speed limit has quantifiable physcial harms associated with it, taking a photo at a race circuit does not. The extent of the risk to @snerkler is at maximum the financial loss to the race circuit caused by him showing a photo in breach of that contract which given that the contract allows for non-commercial use it is debatable if he would even be in breach. The most likely risk if Silverstone take any action at all is a take-down notice at which point you comply and there is no further risk.

 

[snerkler]

It's just dawned on me that I've actually won a couple of photography competitions in the past using a photo taken at Donington Park and Oulton Park and nothing was said

 

[Deleted member 95743]

It's just dawned on me that I've actually won a couple of photography competitions in the past using a photo taken at Donington Park and Oulton Park and nothing was said

MSV’s T&C’s are different to Silverstone’s. As I said previously, contact the circuits at which you took the photographs and ask them to clarify whether or not you can enter the images into a competition, you may be pleasantly surprised. You have nothing to loose and everything to gain. If they say no, then you have a decision to make, but only you can make that decision. If you did enter a photograph into a competition and there were some repercussions, it is you that has to face those repercussions, and not some bloke on the internet that said “don’t worry you’ll be alright.”

At the end of the day it is entirely up to you as to what you do, no one else. If you want to enter the competition then enter it, if you don’t then don’t.

 

[snerkler]

MSV’s T&C’s are different to Silverstone’s. As I said previously, contact the circuits at which you took the photographs and ask them to clarify whether or not you can enter the images into a competition, you may be pleasantly surprised. You have nothing to loose and everything to gain. If they say no, then you have a decision to make, but only you can make that decision. If you did enter a photograph into a competition and there were some repercussions, it is you that has to face those repercussions, and not some bloke on the internet that said “don’t worry you’ll be alright.”

At the end of the day it is entirely up to you as to what you do, no one else. If you want to enter the competition then enter it, if you don’t then don’t.

I did contact them earlier in the day, obviously not had a response yet.

I will take a look at MSV’s t’s and c’s though as I have shots from Donington and Oulton Park.