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Legal question on photography

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PeterJ:
I'm thinking of going to a cricket test match at Bellerive (Tasmania, Australia) a bit later in the year and was just checking Bellerive has the same 200mm lens limit as elsewhere, which it does. I noticed in the terms & conditions of entry that you can't publish photos anywhere and it specifically mentions Facebook, Twitter and the like. Anyone know if that is likely to be legally binding?

My understanding of Australian contract law was that conditions had to be pretty clearly set out in advance, not just on some web site I may or may not have read. I can't remember buying a ticket and have them run through the conditions, like they do when say getting a bank loan. It's a bit different to say taking your own beer where because it's private property they can deny entry / ask you to leave and it's trespass if you refuse.

gmrza:

--- Quote from: PeterJ on October 20, 2012, 03:11:25 AM ---I'm thinking of going to a cricket test match at Bellerive (Tasmania, Australia) a bit later in the year and was just checking Bellerive has the same 200mm lens limit as elsewhere, which it does. I noticed in the terms & conditions of entry that you can't publish photos anywhere and it specifically mentions Facebook, Twitter and the like. Anyone know if that is likely to be legally binding?

My understanding of Australian contract law was that conditions had to be pretty clearly set out in advance, not just on some web site I may or may not have read. I can't remember buying a ticket and have them run through the conditions, like they do when say getting a bank loan. It's a bit different to say taking your own beer where because it's private property they can deny entry / ask you to leave and it's trespass if you refuse.

--- End quote ---

I'm not going to comment on the legalities, but, if you were to post the photos on Facebook, and assuming you restrict the visibility of your photos to your friends, as long as you don't have any friends from the cricket board, who would know?

PeterJ:

--- Quote from: gmrza on October 20, 2012, 06:55:32 AM ---I'm not going to comment on the legalities, but, if you were to post the photos on Facebook, and assuming you restrict the visibility of your photos to your friends, as long as you don't have any friends from the cricket board, who would know?

--- End quote ---
Good point, although I didn't mention it while it would be non-commercial I was also thinking of other places that would be public. For example maybe posting here like in a recent cricket thread and something I'd like to start doing is contribute a bit back to Wikipedia considering I use it so much and my article edits to date are pretty trivial.

Without disrepect to the photographer for example if you take a look at the Wikipedia entry for Michael Hussey I'd fancy my chances of getting something a little better, not him in particular just a lot are the same and I know from the past you can get pretty close to most players as they come on and off the field.

gmrza:

--- Quote from: PeterJ on October 20, 2012, 07:56:45 AM ---
--- Quote from: gmrza on October 20, 2012, 06:55:32 AM ---I'm not going to comment on the legalities, but, if you were to post the photos on Facebook, and assuming you restrict the visibility of your photos to your friends, as long as you don't have any friends from the cricket board, who would know?

--- End quote ---
Good point, although I didn't mention it while it would be non-commercial I was also thinking of other places that would be public. For example maybe posting here like in a recent cricket thread and something I'd like to start doing is contribute a bit back to Wikipedia considering I use it so much and my article edits to date are pretty trivial.

Without disrepect to the photographer for example if you take a look at the Wikipedia entry for Michael Hussey I'd fancy my chances of getting something a little better, not him in particular just a lot are the same and I know from the past you can get pretty close to most players as they come on and off the field.

--- End quote ---

There's also an interesting parallel to the unreasonable contracts that music photographers (professionals) are being asked to sign: http://www.bjp-online.com/british-journal-of-photography/news/2187922/photographers-protest-stone-roses-concert-rules?WT.rss_f=All+the+latest+articles+from+BJP&WT.rss_a=Photographers+protest+Stone+Roses+concert+rules

Another thought: if you were to post one photo of one cricketer, without much context, anyone might have an interesting time attempting to prove when/where it was shot - assuming you remove the EXIF data.

scottkinfw:
I'm not a lawyer, but it sounds like a contract and if you use the ticket you agree to the terms of that contract.  The question is: what are the potential remedies if you get caught breaching the contract?

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