Open Horseshow--Legalities

[rternbach]

I have been asked to be the photographer at an Open Horseshow to benefit a not-for-profit 501 (C) 3 therapeutic riding association of which I am a board member. The entry form for the show will include a liability release including a photographic release to be signed by entrants or, if they are minors, their guardians. Paid entrants with sign-offs are issued numbers which they will wear on their backs. Questions concerning photographing participants and attendees not wearing numbers include: Should I carry release forms to have folks without numbers sign as needed? Do I approach a minor without a number and ask them who their parent is so I can get their written permission to photograph their child? All photos will become the property of the not-for-profit agency and I may include some in my portfolio and, possibly, in gallery exhibitions.

 

[Christopher Walrath]

Wirelessly posted (BlackBerry9000/4.6.0.167 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/102 UP.Link/6.3.0.0.0)

I would ask the folks who are running the show if they could announce the need for non-numbered participants to sign a release and where to get one and then have those riders report to a designated area at a specific time for portraiture. That would be simpler than distracting yourself by running. Also get copies of ALL releases, even the numbered participants.

 

[eddym]

I guess I'm not following you; why would anyone not have a number? If the entry form includes the release, don't they have to have signed it in order to be in the show?

 

[rternbach]

Eddy,

What I'm told is people have to register and sign-off to participate in judged competitions. There will be some riders, and of course many onlookers, who are not actually competing.

Rudy

 

[Christopher Walrath]

Wirelessly posted (BlackBerry9000/4.6.0.167 Profile/MIDP-2.0 Configuration/CLDC-1.1 VendorID/102 UP.Link/6.3.0.0.0)

Oh, and as to candids of spectators, as long as it's not intrusive, that should fall under a 'photographers may make photographs at the event with no expectation of recompense' kind of thing. You might double check that as well.

See ya 'round, Rudy.

 

[tim_walls]

IANAL of course, but I'm not sure I understand why you'd need a release anyway.

Provided the photographs are not going to be used for commercial exploitation (i.e. advertising/endorsement) there should be no need for releases. Use in a portfolio or exhibition in a gallery are not commercial exploitation.

The event is public, so people should have no legitimate expectation of privacy, and the owner/organiser of the event has given you permission to photograph on their property, so I can't see why you should have any problems - unless the law is radically different on that side of the pond.

 

[jolefler]

Unless it's changed in the last 10 years...

I used to follow the horse show circuit as a photog selling directly to the exhibitors & press. No releases necessary (public & newsworthy event). If the organization is using the pics to promote their cause or next year's event, that's a different story, identifyable exhibitors will need to sign.

The promoting organization AND the show grounds owners need to grant you permission to shoot the event. Other photographers shooting "for sale" prints are thereby not allowed to shoot or sell there. In your case this is assumed by their request of you...in my case, I paid a concession fee to the management.

Jo

 

[rternbach]

I think most of the concern arises from the fact that children, some of whom are physically or emotionally handicapped, are involved. More simply put, the sponsors, and me the photographer, would like to exhibit a level of care which may not be necessary from a legal standpoint but which may go a long way in promoting good feelings in the community. This varies not so much depending which side of the pond you are on as much who, and for whom, the photographs are taken.

 

[nyoung]

I think most of the concern arises from the fact that children, some of whom are physically or emotionally handicapped, are involved.

I deal with this issue every year in the context of using photographs of special needs children in the high school yearbook I sponsor.

I think a posted notice at the entrance to the venue that photography of the event is taking place with (I presume) the intent of publication for future promotion of the event would suffice to warn anyone who has an "issue" with being photographed.

I will concur with the previous poster that if it's a ticket selling event open to the public there is no "reasonable expectation of privacy" for anyone in attendance so releases should not be necessary.

As a personal observation, the special needs parents I have dealt with over the years - in and out of school - have been enthusiastic about having their children photographed in their activities.

Many if not most photographers avoid taking their pictures out of an honestly misplaced concern for their feelings which actually leaves them feeling left out. Consequently, they are most often delighted to be included.

As the risk of being a bit flip, the special needs parents who object to having their children and themselves photographed in such a setting generally have their kids locked away in the basement anyway.

 

[rternbach]

To describe the situation further, the show is sponsored by a therapeutic riding association at a riding school for typical young riders. The handicapable riders and their families who get lessons from the therapeutic riding association which is using the facility to put on the open show are not likely to have any problems with being photographed. In fact being photographed is one of the perks of the whole experience for them. Being seen in photos promoting the activities of the agency would make them feel like they were helping out and would give them a feeling of accomplishement. Besides, they all know me and trust the not-for-profit. It's the riders we don't know (typical and special needs) who may possibly raise an issue. This is more of an issue for the agency than me as I am doing this pro-bono and will not be selling the photos or doing any of the promoting myself. At a minimum the agency will get signed releases for insurance liability and photographs in advance from all paid entrants.

 

[nyoung]

That - to my mind - should more than cover the issues.

 

[rternbach]

nyoung,
yes, you're right--especially since that is all the sponsors want to do--in the end it's their liability not mine. or am I being naive?

 

[nyoung]

I don't think you're naive at all. It sounds to me like you are actually "over covered" given the situation.

Just as an afterthought/observation on the overall issue, I have attended events - mostly concerts - where there was language printed on the ticket to the effect that by buying ticket and entering the venue a person was giving permission to be photographed and videoed with said images to be used for any purpose the event promoter chose.

 

[rternbach]

nyoung,

yes, keeping it simple works.

 

[rternbach]

follow-up on horseshow...

Horseshow went off as planned on May 9th to the delite of all in attendance. As per the advice of nyoung and others the release we had drawn up covered us, simplified things for the photographer, and prevented any misunderstandings. Now we are looking forward to the Second Annual Open Horsehow to Benefit the Pioneer Valley Therapeutic Riding Association planned for a date tbd in May,2010 at the same location: Muddybrook Farm on West Street in Amherst, MA. Anyone needing a copy of the photo release is welcome to PM me with their e-mail address. Anyone wishing to attend and/or participate should goto www.pioneervalleytra.org for more info.

Best,