'The Color Run' Violates Agreement With College Photographer, Then Sues Him 218
An anonymous reader writes "Photographer Maxwell Jackson went to an event called The Color Run and took some pictures. He was approached by the organization to share some of his photos on Facebook, and he agreed. Later, he found they were being used without attribution in promotional materials such as flyers and signs. When he contacted The Color Run over the misuse of his photos, they sued him. As a professional freelance photographer for a local college and a hobbyist code junky, I'm intrigued by this story and how it should be a warning for members of either trade. There is a good lesson to be learned here about taking for granted the legal implications of the manner in which you exchange your own intellectual property with anyone."
Of course (Score:1, Interesting)
Of course they sued him. You contact anyone and cite legal concerns (i.e., if not threaten to sue, imply that there are potential grounds for a suit), that's the automatic response. Especially if they're guilty - get lawyers involved right away.
Surprised you're intrigued by this - it's pretty much par for the course.
Wow.... (Score:5, Interesting)
From the summary of this article, I was just trying to wrap my head around how this college student could have gotten himself into this predicament. My first suspicion was he didn't read the terms and conditions carefully enough when he was asked for permission to share some of his photos. (I figured, "Ok... maybe he just saw the part about them wanting to put them on their Facebook page and didn't notice some fine print releasing the photos for all promotional uses?")
But unless there's more to this story than what's being told? "The Color Run" is simply owned by a guy who's being a complete asshole. Receiving a letter asking to be fairly compensated for the use of photographs in commercial material, after you *only* received permission to share them on Facebook, is hardly "extortion"!
And trying to add on additional charges against the student seeking just compensation, by claiming he owes them for trademark infringement because the "Color Run" name and logo showed up in some of the photos?! Yeah.... I think not, buddy.
Re:Trademark powers? (Score:5, Interesting)
Congress has granted the IOC special trademark privileges for exclusive use any linked ring motif and the word Olympic (other than areas related to the Olympic mountains). Their ruthless execution of that power isn't typical of normal trademark enforcement which must demonstrate marketplace confusion and potential harm to business.
Re:Wow.... (Score:2, Interesting)
The Color Run also has a dispute with Victoria's Secret over terms of an agreement:
http://www.bizjournals.com/columbus/blog/2013/07/victorias-secret-seeing-red-over.html?page=all
Ugh "color run" (Score:4, Interesting)
to a photographer these are gear destroyers. that crap gets inside the lenses and everywhere else.
And if the kid did not give them a written RELEASE spelling it out carefully, he deserves what he gets. As a photographer I will do a release for gratis for events, it requires them to sign the release that spells out exactly what hey can do and that they must give me full credit as well as links to my website, and it says that any use outside what was spelled out is a violation of the release.
They must sign it, then they get CROPPED or lower resolution photos, you never EVER give the full resolution raw files.