$275,000 Paycheck - One Photo

bmattock

Veteran
Local time
11:37 AM
Joined
Jul 29, 2003
Messages
10,654
Location
Detroit Area

Press Release Source: Davis Munck, P.C.

Dallas Cowboys Pay $275,000 for Single Photograph; Team Used Famous Emmitt Smith Picture Without Permission
Monday June 6, 1:34 pm ET

http://biz.yahoo.com/prnews/050606/dam034.html?.v=15

Basically, the guy who took a famous photo of Emmet Smith had his copyright infringed by the Cowboys - he sued and won. But he can never take photos inside Texas Stadium again, by agreement. Interesting read.

Best Regards,

Bill Mattocks
 
Interesting that he was able to collect and win (even if he had to agree to being banned from future Cowboys games.)

I know a similar case involving a local guy who shot a photo of a famous college football coach on the sidelines. He licensed the photo to the university athletic department for specific, limited usage, and it became very well-known. Then the athletic department started using it for other usages not covered by the agreement, including billboards, book covers, etc. He tried to renegotiate, but the athletic department took the position that they had acquired ALL rights to the photo (including barring HIM from further use of it.) When he responded by sending them a copy of the original agreement they had signed, their response was, "So sue us."

He told me he actually had talked to a lawyer, but was told, "Forget it. In this state, _______ [name of college football team] is bigger than God. There's no way you can win."

So he was screwed. The coach -- who, the photographer emphasizes, was in no way involved with the raw deal he got -- is now a U.S. Congressman.

So it's nice to see the photographer win one for a change.


[PS -- Bet there were some fun conversations in the Cowboys' legal department after they wrote the check. Surprising how many high-powered executive types think that buying a COPY of a photo is the same as buying ALL RIGHTS to the photo... if so, somebody got an expensive lesson here!]
 
Thank goodness that he won. It sets a good presedent for all the rest of us.
Of course we might start seeing "Photography not allowed" signs at sporiting events.
 
jlw said:
Interesting that he was able to collect and win (even if he had to agree to being banned from future Cowboys games.)

I know a similar case involving a local guy who shot a photo of a famous college football coach on the sidelines. He licensed the photo to the university athletic department for specific, limited usage, and it became very well-known. Then the athletic department started using it for other usages not covered by the agreement, including billboards, book covers, etc. He tried to renegotiate, but the athletic department took the position that they had acquired ALL rights to the photo (including barring HIM from further use of it.) When he responded by sending them a copy of the original agreement they had signed, their response was, "So sue us."

He told me he actually had talked to a lawyer, but was told, "Forget it. In this state, _______ [name of college football team] is bigger than God. There's no way you can win."

So he was screwed. The coach -- who, the photographer emphasizes, was in no way involved with the raw deal he got -- is now a U.S. Congressman.

So it's nice to see the photographer win one for a change.


[PS -- Bet there were some fun conversations in the Cowboys' legal department after they wrote the check. Surprising how many high-powered executive types think that buying a COPY of a photo is the same as buying ALL RIGHTS to the photo... if so, somebody got an expensive lesson here!]

Sounds like different states (or different lawyers) view things differently. Sorry to hear about what happened to the photographer you know - hope he doesn't see a copy of this story!

As to what the Cowboy exec management believe - I wonder how they'd respond if I bought ONE Dallas Cowboys T-shirt and started making them and selling them? After all, I bought one, right? What's their beef?

Best Regards,

Bill Mattocks
 
Back
Top Bottom