Conflicts between Venue Owner and Racing Series Owner

[Erik Anderson]

Past Events:
I've been shooting a particular regional drag racing series for the past two years since I moved to KC. A local business man owns the series. The track is rented on those days by the series owner

Previous to me, there was a participant in the series who took photos, but as the series owner explains to me, the other photog was very unreliable. He still attends and takes photos at the events since he is now the 'official track photographer', but does not provide the series owner with anything in return.

This other photog did several things on his own with the images, including a calendar of the series, without the permission of the series owner. To date, the series owner has seen zero revenue, zero calendars, and other than a small logo on the back of the calendar, no advertisement, or benefit.

Current Events:
It's time to book the 2008 season and the dragstrip apparently is busting out a contract of their own. I have yet to sit down with the series owner, but his description over the phone sounds like the venue owner is dictating a lot of the details of the series, including who can or can't take photos, how they can be used, where they can be used, etc.

Thoughts
I'm assuming that the venue owner can pretty much dictate all the rules they want since it's there venue. If they say you can't have outside food vendors and that you need to use their food court, I'm guessing it's their way or the highway.

I'm also guessing that there is not much that I, personally, can do, but I'd like to understand the legalities here. I'd hate to have the series owner contract with me only to find out that the venue won't let me in the gate. Any thoughts on this or input from those that have experienced similar issues?

[John Thawley]

There are probably lots of "thoughts" on this. But in all seriousness, I don't think you have a dog in this fight. The Series owner needs to negotiate his lease with the track. If the track establishes parameters that they choose to have their "tenants" meet, then so be it.

Reminds me of an office I had in a AAA high-rise a few years back. I need to change the space around to suit my needs.... walls, ceilings, doors etc. etc. Guess who's contractor I was REQUIRED to use? Their position was, it's our building, we need to preserve the quality of construction and fixtures used, etc... and that's the way it is. :)

I really would be careful offering up suggestions to your client.

By the same token, it does have valid "intellectual property rights" that he has every right to preserve. The Series remains his "show"... he shouldn't allow the photographer or venue owner the reproduction rights. I mean, that's part of his product.

JT

[Erik Anderson]

But in all seriousness, I don't think you have a dog in this fight. The Series owner needs to negotiate his lease with the track. If the track establishes parameters that they choose to have their "tenants" meet, then so be it.

I'm with you on that.


I really would be careful offering up suggestions to your client.


I've alluded that it's a sticky situation and that I'd support him however I could.


By the same token, it does have valid "intellectual property rights" that he has every right to preserve. The Series remains his "show"... he shouldn't allow the photographer or venue owner the reproduction rights. I mean, that's part of his product.
JT

Exactly. The venue is just the place the event is held, the event is the show. Unfortunately, the owners of this track (or one in particular) are fairly short-sighted.

We'll see how it plays out. I'm meeting him next week to discuss 2008. Thanks for confirming the situation for me.

[Paddy McGrath]

Never seen or heard of an incident like this before. The series I work for requires all photographers to sign a media form before going track side. This form dictates that all photographs and video recorded at X event remain the property of X. This is just a form of insurance that someone does not go off and do what your track photographer does and makes money while playing with the image of the series. This usually can be enforced on the grounds that a race circuit is constituted as private property. Although with the track photographer working for the track owner that could be tricky to enforce. Who provides the marshals, safety crew and insurance for the series ? If it’s the series owner, he should have final say on who is allowed where on the day as he is fronting the risk.

It may be a case where your Series Owner needs to get a legal contract written up so that prior to each event it is required for each photographer to 'sign on' before being allowed track side. They usually include a disclaimer that if a photographer is hurt they wont sue, they have to follow the relevant safety instructions, wear the appropriate Hi-Vis clothing and can include the rights of who owns what at the end of the day.