# Superbowl Photo Help



## awinphoto (Jan 30, 2015)

Hey guys, so i am being hired by a local casino to take portraits of their VIP during their superbowl party. The casino was providing the backdrop, all i needed to do was show up with lights and shoot. I contacted the casino to make sure everything was good and backdrop chosen and what not, and was notified they were having some problems because of licensing, they aren't allowed to have any "sports themed" photo without paying royalties to the NFL. They asked if i had suggestions... Before i get in over my head, where can i look this up to find out what we can and cannot use... Can we use helmets/footballs as props without being sued? Backdrops?


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## Vivid Color (Jan 30, 2015)

Ask to talk to their IP attorneys to bounce ideas off of. You might want to get your own attorney --because their attorney represents them not you –- to make sure that your contract is structured in a way that any IP issues do not come back to haunt you.


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## Mitch.Conner (Jan 30, 2015)

No offense intended, but your suggestion should be for them to consult an attorney about intellectual property issues.

Giving them any suggestions could set you up for trouble.

Play it safe.


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## Don Haines (Jan 30, 2015)

It can't be not allowed to have any "sports themed" parties without paying NFL royalties, it would have to be can't have any NFL themed parties...... after all, if the party was themed for scuba diving, obviously there would be no NFL royalties....

Could you do it as generic football themed?


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## Mitch.Conner (Jan 30, 2015)

Vivid Color said:


> Ask to talk to their IP attorneys to bounce ideas off of. You might want to get your own attorney --because their attorney represents them not you –- to make sure that your contract is structured in a way that any IP issues do not come back to haunt you.



Agreed. Indemnification would be desired in this situation. The NFL doesn't mess around.


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## awinphoto (Jan 30, 2015)

Thanks for your input guys... after bouncing around a few ideas with their marketing and legal team, they found an image they have used before for another campaign of grass... Their logo is on it... its vague enough that it should get the message across but keep us out of cross-hairs... whatcha think?


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## monkey44 (Jan 31, 2015)

Watch out, you have a Dell logo in your photo ...   

To the point: It's generally not the NFL that has issues with "free advertising of the product" ... we had an issue with MLB about our college teams wearing uniforms similar to MLB uniforms. MLB did not complain, but the license companies that produced shirts, hats, etc wanted US to pay THEM a royalty for using the team logos.

Our teams had been using the logos since 1887 ... when the Cape Cod Baseball League was founded as a non-profit baseball organization -- that's right over 128 years. We had no money to fight it (A non-profit), and so lost, and after 128 years we had to pay the royalty or change uniforms. Fifty percent of the teams chose to pay it, fifty percent chose to change uniforms. So, we had a huge costs (based on principle) to change every uniform, all advertising, and anything that had to do with MBL 'memorabilia' in our league ... ten teams.

MBL actually came down on our side during the legal negotiations, but the "vendors" wanted every nickel they could 'steal' from us because we couldn't field a legal team to match them, nor the costs. So, now we have a bunch of new uniforms and a whole tradition gone.

I'd be very careful and get legal advice that counts before you do anything like this ... these "vendor licensees' take no prisoners, and even told us (in our town) we could not use Red Sox (our local MLB team) or any other logo in our Little League games as well. We mostly ignored that, and the 'vendors' never followed up on that, because we told them the local press would butcher them if they interfered with our kids. Not sure that mattered, but the Little League had no money for them to get in a lawsuit -- so it went away. We still field a Red Sox Little League team every season with out 10/12 year old kids. 

But, I'm betting your battle is with the memorabilia folks, not the NFL itself - NFL probably doesn't care much.


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## TexPhoto (Jan 31, 2015)

Just for clarity, you can take photos of anyone wearing any logo etc. It is what is done with those photos that is in question. And you would not be doing anything with them, the casino would. If they publish advertising with photos of football player X wearing his full gear from Team Y, it will imply an endorsement by the NFL and the Team of the Casino. And that would be a problem. For them. 

Now the newspaper could publish a news story and say player X was at casino Z and did the following along with photos that included the very same logo. But the newspaper can't publish advertising with the photo.

Now I think it is great advise to tell them to figure it out with their lawyers and for them to provide you with instructions, but don't get rolled up in thinking taking the photos is somehow illegal.


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## monkey44 (Jan 31, 2015)

Agree, the endorsement implication is the tricky part here ... which I forgot to mention. 

if a guy or girl bought and is wearing an NFL team shirt, no reason you can shoot that image, and use it as long as the person gives permission. S/he owns the shirt ... and you can't give any indication NFL is part of the project.

Where our College league got into the scuffle, we wore team uniforms that matched Seattle Mariners (Seattle initiated the procedure against our league and the rest of the "vendors" eventually backed it. Vendors claimed they owned the rights to produce and sell ALL MLB paraphernalia, including uniforms (which is true) But we were not ML teams ... and we had local suppliers. MLB vendors did not get a piece of that action (again, it always comes down to the money, and not the kids in this kind of issue) ... so, they wanted a royalty for every shirt, pants, hat, etc. We had enough time funding the games ($2 volunteer donation to get in) ... and as a non-profit, we can't "make money" for anyone.


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## agierke (Jan 31, 2015)

Texphoto has the basic gist down. you can take any photo you want, but because there are branding issues associated with these photos their use will be severely limited to pretty much personal use only. the company wont be able to use any photo with any recognizable branding in any marketing or advertising. 

the liability for you comes in where if you shoot the photos and hand them over to this company then it becomes out of your control on how they are used. to protect yourself you need to have in your contract that the photos are for non commercial use only or you need to make sure your name doesn't show up in the copyright. don't tag those puppies in the metadata if you have even the slightest concern of culpability. 

really the legal concern lies mostly with the company...not you. but always a good idea to make sure you are covered. don't get caught holding the potato when the music stops.


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