Whitley Warriors Ice Hockey Club has an official photographer who takes photographs at home and away matches. In accordance with EIHA, regulations that photographer is registered as an off ice-official.
Copyright of all photographs is owned and retained by the photographer. Usage rights are owned by the management of Whitley Warriors Ice Hockey Club. The release of photographs, both printed and electronic, is controlled by the photographer who will obtain any necessary permission from the management and, if required, sponsors. All releases are licensed for specific use and must not be used or copied for other purposes.
Copyright is taken very seriously as photographs include logos which are the property of sponsors, may include players under the age of 18 and non authorised use may infringe the conditions of the English Ice Hockey Association Disciplinary Rules and Procedures, English Ice Hockey Association rules on using images of people, photographs, videos and webcams, Press Pass Code of Conduct, Press Complaints Commission and Copyright Designs and Patents Act 1988.
For the sake of clarity ALL photographs in this website are copyright.
Conditions for the creation and use of images of Whitley Warriors Ice Hockey Club
Whitley Warriors Ice Hockey Club has an official photographer who takes photographs at home and away matches. In accordance with EIHA regulations that photographer is registered as an off-ice official. Where the visiting team has an official photographer they will be allowed entry and access to take photographs. For away matches permission will always be obtained from the home team management and the ice rink management.
Permission may be given for additional photographers to attend providing that they have the appropriate insurances, provide a CD of images to the club and abide by the current conditions of use.
2. Publications governing use
The taking and subsequent use of photographs is governed by the current editions of the following publications including any amendments notified:
- English Ice Hockey Association: Disciplinary Rules and Procedures
- English Ice Hockey Association: Using Images of People, Photographs, Videos and Webcams
- Press Pass Code of Conduct
- Press Complaints Commission: Editors’ Code of Practice
- UK Copyright Service: Copyright Designs and Patents Act 1988
3. Ownership and copyright
Copyright of all photographs is owned and retained by the photographer. Usage Rights are owned by the management of Whitley Warriors Ice Hockey Club. Where sponsors are involved permission may also be required from them.
The release of photographs, both printed and electronic, is controlled by the photographer who will obtain any necessary permission from the management and, if required, sponsors. All releases are licensed for specific use and must not be used or copied for other purposes.
Copyright is taken very seriously as photographs include logos which are the property of sponsors, may include players under the age of 18 and non authorised use may infringe the conditions of the above documents. For the sake of clarity all photographs are copyright and users should be aware of the following misconceptions:
“Everything on the internet is in the “public domain” and is free to use” – Photographs only fall into the public domain when copyright expires; this is 70 years after the death of the photographer.
“Anything without a copyright notice is not protected” – Copyright applies whether there is a notice or not. All electronic images released by Whitley Warriors have copyright notices embedded in their properties and web sites and galleries contain copyright notices.
“It is all right to use other people’s work if I don’t make money out of it” – Except in specific circumstances permitted under fair dealings/fair use rules, which do not apply to these photographs, any copying or publication without the consent of the copyright holder is against the law and could result in legal action. If the use has a financial impact on the copyright holder, for example a loss in sales, then there can be a claim for lost revenue, royalties and damages.
“It is all right to use copyright material as copyright infringement is hard to prove” – Copyright Law is civil and not criminal law and requires a lower burden of proof making it easier to prove infringement. In criminal law a defendant is innocent until proven guilty beyond reasonable doubt however in civil law the court or tribunal must simply be convinced that a claim is valid and, on the balance of probability, it is likely that the defendant is guilty.
In the event of copyright infringement being brought to our attention we will take action, usually by issuing an invoice for the full commercial value of the photographs based on agency rates in the first instance. Further action will be taken if deemed necessary.
There are different uses for photographs and each has its own conditions attached. In all cases the recipient is to understand that they are purchasing or receiving the product and not the copyright. The product cannot be copied or duplicated in any way. If they are to be used on a web site then they should be used such that they cannot be downloaded by visitors and must be credited and contain a copyright notice. In certain circumstances the image may be watermarked.
Photographs used for official club publicity. The recipients may only use the photograph for the use supplied. Most are supplied electronically and the conditions will be contained in the e-mail containing the images or a link to them.
- Match photographs will be supplied by the photographer to local press including but not restricted to The Whitley Bay Guardian, The Evening Chronicle and The Newcastle Journal as soon as practicable after each match. These will be used alongside official match reports submitted by the Press Officer.
- Other photographs of interest, for example Warriors in the Community and new signings, will be supplied to press in conjunction with an official press release approved by Team Management.
- An on-line gallery of photographs will be created to which the Official Webmaster, Programme Editor and Press Officer have download access. Images obtained in this way may only be used on the Official Website, the Supporters Club Website [5th Line], in Match Programmes and to accompany official press releases.
4.2 Supporters Club
The photographer will prepare player photographs [7”x5”] featuring a portrait and action shot. The Supporters Club will pay cost price and they will to form part of the package given to supporters club members when they join.
4.3 Team Sponsors
Each season the club will attempt to arrange player visits to sponsors which will be photographed. These photographs will be supplied to the sponsors in mounts free of charge. Additional photographs may be ordered by the sponsors and will be supplied at a discounted price. Players may attend other events with the sponsor and, if practicable, the photographer will record the event and supply the sponsor with photographs or electronic downloads at discounted prices.
4.4 Shirt Sponsors
As part of the sponsorship package the sponsor will receive one 7”x5” photograph of the presentation of the shirt by the player. These will be printed and can be collected at the presentation night or through the Supporters Club later.
At the start of each season a catalogue of merchandise will be prepared. The core products will be photographs, key rings, fridge magnets, calendars, yearbook and the player photographs supplied to the supporters club members. Other merchandise may be made available from time to time. The photographer will work out the current cost price of each item and will decide a selling price in conjunction with management. The profit thus generated is for the benefit of the club. Merchandise may be sold at matches, online and through the photo galleries. Yearbooks are also sold through the publisher and bookshops.
4.6 Other Clubs
Where the photographer is present at a match and the opposition does not have a photographer a CD of match photographs will be offered to the club. These photographs will be free for club publicity and editorial use by the club. If the club uses them for any commercial purposes Whitley Warriors reserve the right to claim 33% of any profit.
4.6 Other Requests
Whitley Warriors recognise that there are many places on the internet where the use of photographs can benefit the club in the form of publicity. However permission for any such use and the image to be used should be obtained from the club and not copied from other sources. This ensures that the club retains control of images, that the user gets an up to date image correctly sized for the purpose and does not infringe copyright. Images benefiting the club will normally be free and watermarked however if there is a commercial use and profit involved the club will charge an appropriate fee.
Where to get permission – Contact either the current photographer or club management
When to get permission – The sooner you request permission the better. Time will be needed to identify and prepare a suitable image and there is no guarantee that permission will be granted.
Should I expect to pay? – If you intend to make a commercially saleable product, you should normally expect to pay royalties linked to the number of units sold.
Applying for permission – You should include the following information in a request:
- Contact Details
- Where the image will be used
- Size of image required
- Reference Number from Gallery or Name of Player
- An estimated number of units you expect to sell, (if applicable)
- Time scale over which you expect to sell them, (if applicable)
- The number of times the image will be used
- Any other information that would assist in the decision making
- A statement confirming that the image will be attributed correctly by stating the name of the owner and the correct copyright notice.
You will receive a response as quickly as possible.
The photographer will be responsible for the purchase of all raw materials required for the production of the merchandise and for the preparation and distribution of the merchandise. Full accounts of all purchases of raw materials and the sales will be kept and the profit passed onto the club following the end of season presentation night. A proportion of this profit may be retained by the photographer to act as a float for the start of the following season. A summary of the accounts will be printed and given to the club at an end of season meeting.