Last year I had a photographer from the Panhandle contact me on two pictures from Crosbyton that were taken by him. I credited both pictures and posted last year to make sure the pictures you guys submitted were not owned by anyone other than you or free use photos. Well this weekend I received another email saying that the photo from our POTW out of Seagraves also belonged to him. Now these photos were sent to my email to be submitted and usually the only ones I receive are from parents or coaches. Please make sure if you send me a picture that they are either yours or one that we have permission to use.
Now that being said I can not see anything that shows that the picture in fact belongs to him. I believe he is telling the truth, but threats (well not just a threat he said) I do not like. So i have been doing some research.
The purpose of the Fair Use Doctrine is to allow for limited and reasonable uses as long as the use does not interfere with owners’ rights or impede their right to do with the work as they wish.
"the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
Source: 17 USC Section 107.
1st it was sent to me and in no way did i try to steal it.
2nd it is reporting the Player of the Week
3rd We are making no monetary gain from the picture
4th I crop out just the player that won the POTW and since I can't find the original on his site or page I cannot tell if it is the original
5th the person submitted it has a membership to the photographer's website that gives them photo rights.
6th the low resolution pic on our site in no way effects his business or causes him to lose money.
So from what I researched I believe it falls under the Fair Use provision, but if we have any lawyers out there I would like your opinion.
Now I don't want anyone harassing the photographer, in his eyes I am some kind of thief, but in reality I do not try to use anyone else's work unless I have permission. I am all for trying to credit everything submitted, but if I don't know I can't do that.
I asked him to even submit pics if he sees a team he covers has a winner, lets see how that goes.
And i do know he comes here so I want him to know i do not hide issues from the posters here. You guys are the reason I do the work on this page. This site actually closed down because an administrator in a south Texas town threatened to sue because a poster was very critical in his posts and posted pictures from there. I took over ownership and had it back up and running in no time. Soon after the same administrator actually contacted me personally and threatened to do everything but take away my birthday it seemed. One call to my law firm in Dallas was all it took to find out there was actually nothing he could do to us for what a poster said about him or their school. But that does NOT give anyone permission to bash a school here LOL
OK climbing off my soapbox.....