Melville, NY asked in Internet Law for New Jersey

Q: I am attending an event that I paid for and would like to use pictures that I take for my blog and my social media.

Correspondence between event info and I resulted in this response:

"You are welcome to take pictures and bring your camera, but agrees not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling), any media now or hereafter existing, any description, account, picture, video, audio or other form of reproduction of any Event action, Event information, Event guest or attendee, or any surrounding activities (in whole or in part) for the Event. Photos are for personal use only."

Would there be an legal ramifications if I to use the pictures I take? I find it strange that I cannot showcase or highlight an event I paid to be present at and be able to write about it.

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3 Lawyer Answers
Jason Brooks
Jason Brooks
Answered

A: It's actually quite common for event-holders to restrict the use of intellectual property rights to the activities occurring within their event space -- Just as you would not be permitted to post live action of an NFL game that you attended, it's reasonable for this event to restrict the same as they own the intellectual property rights to the content that occurs within their events.

With that said, the restrictions really all boil down to your intended use -- if by "writing about it" you just mean that you want to post some photos to your FB or Insta page, for example, for your friends to see -- then there's most likely no issue there (although the Event holder could still send a take-down demand if they really cared). However, if you are writing for commercial purposes, and plan to make money in some way off of your review or other writings based on the event, then the event holders restrictions would be valid, and they could also have legal remedies if you monetized that content.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Yes don't use the pictures except for personal use otherwise you violate the terms of the agreement and would be subject to a possible civil suit which could include both injunctive relief and monetary damages.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New Jersey

A: Don’t violate their terms and conditions. Their legal resources, particularly if they are a major sports or entertainment corporation, are likely more powerful than those of an individual.

Tim Akpinar

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