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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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I run a memorial harness horse racing event late brother

Customer Question

I run a memorial harness horse racing event for my late brother in August every year in Ireland ,it's turned into a worldwide event and is attracting a lot of worldwide attention media wise I'm unsure what exactly our rights are to photographs etc etc and video of the event should we as promotors and financing the event be entitled to money's for these rights are we the owner of the rights or if other photographers want to take photos and sell them of our event is this normal practice etc ?
Submitted: 8 months ago.
Category: Law
Expert:  Alex J. replied 8 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The general rule is photos (and videos) are protected by Copyright Laws. Whoever takes the photo or commissions the photo to be taken owns it. If you want to ensure the best images are commercially sold by you, then you would need to engage your own official photographers for the event and not necessarily allow the press to attend with photographers. Do you currently have a policy on photography at the event?
Customer: replied 8 months ago.
Hi
I do not have a photographer at the event there is a photographer that takes photos at all the other meets at the track and sells them to horse owners etc ,The track Is ran by a club that I am a member of but they don't give us any financial backing for the festival that we run we have a sponsor in place for all 26 races and for the whole weekend we fly special guests in and have gala dinners etc in a nearby hotel it's all our organising by my family and Vincent Delaney Memorial racing commintee ,
The lady that takes photos at the track use to facilitate us and charge us a reasonable rate but now her prices our so inflated we feel we can't afford her services anymore ,
Their is magazines that want photos for articles to be done on 2016 event and she is going to be selling the pics to them ?Is this normal or should they be buying photos from us or whoever we put in to be our photographer for the weekend ?
Customer: replied 8 months ago.
And sorry we don't have a policy on photographers for the event ?
Expert:  Alex J. replied 8 months ago.
Hi, Thank you. Do you have a policy for dealing with the press at the event? Would you be able to forbid this lady from taking photographs of your event?
Customer: replied 8 months ago.
I'm really not sure this is what I'm trying to find out really and with the way the event is growing I would like to know where I stand with it all ,
Ie if I can this lady that she's not got a right to take photos at our event etc ?
Expert:  Alex J. replied 8 months ago.
Hi, Thank you. If you do not own the track but operate the event, who employs this lady? Is it the track owner? Can you not ask the track owner to exclude her so you can have your own photographer at the event?
Customer: replied 8 months ago.
They don't employ her she works for herself and takes photos and sells them to horseowners etc ,
The track is leased by a club which I am a member of ?
They will be more inclined to let this lady work then me because she's always there and helps promote the club which is fair but she's been Outragious with her pricing thinking she has us over a barrel so to speak ?
Expert:  Alex J. replied 8 months ago.
Hi, Thank you. Can you not exclude her from your event? Also is there anything to stop you from employing your own photographer to work along side her if you cannot exclude her?
Customer: replied 8 months ago.
This what I'm trying to find out if I can tell her she's not to take photographs and I am going to employ another photographer but would like to know my legal rights to what I can and cant do ?
Expert:  Alex J. replied 8 months ago.
Hi, Thank you. On the face of it yes you should be able to do that. It is your event and you can exclude whoever you like. The issue you have is whether your agreement to host the event with the club and race course allows you to exclude this lady? They may have a contractual requirement that you employ her at all events - have you checked the terms and conditions you have signed up to? Or have you signed or accepted any at all?
Customer: replied 8 months ago.
No we don't have any written contract with the track for the event ?
Expert:  Alex J. replied 8 months ago.
Hi Thank you. Does the track have any standard terms and conditions that they attached to an invoice or something? Kind regards AJ
Customer: replied 8 months ago.
Not that I know of ????It's more a
Club then a business ?
Expert:  Alex J. replied 8 months ago.
Hi, Thank you. If your event means that you have exclusive use of the track for that event, then there is no reason why you cannot decide who attends. Bearing that in mind the only thing that may change this is if they photographer is a condition of you using the track. If you want to exclude the photographer and hire your own, I would suggest your only course of action is to agree this either with the track or whoever employs her?
Customer: replied 7 months ago.
Thanks I think we need to make a contract basically for the terms of conditions for the track hosting our event and get them sign it for covering video and photographs and everything else todo with the event ?has to be signed of by us the promotors etc ?
Expert:  Alex J. replied 7 months ago.
Thank you. Does the promoter have final say on who can actually attend the event? Kind regards AJ

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