posted on May, 30 2012 @ 07:02 PM
I am unsure if this is the right area to post this in, so if it's wrong, please move it to the right section, thanks!
My husband and I have been members here on ATS for a while, we rarely post but are always on here reading. We know that ATS members are some of the
best at finding how laws work so we're hoping someone here can help us.
We own and run a short track racing website, ItsAllAMile.com. It's mainly based on tracks in the Triad area of NC because that is where we live but
we do have members from all around the world. If any of you are Nascar fans or watched the show on History Channel "Madhouse", you've probably
heard of Bowman Gray Stadium, in Winston Salem, NC. Most of our members come to the site because of our coverage of Bowman Gray, it's a historical
track due to being one of the first Nascar sanctioned tracks. Lots of big name drivers have raced and won there.
We've been running ItsAllAMile since 2004, we bought an actual domain in 2005 and have been helping the drivers at different tracks but mainly Bowman
Gray ever since. Every year we receive an email, message, or phone call from the track photographer or the track PR people making sure we are not
selling any pictures or videos. Once we inform them that we are not selling, they leave us alone. We know that by paying to visit a track, we have
to follow their rules so we do not try to sell anything nor do we pass out anything at their facility for free.
We do have full race videos minus the caution laps and a few race laps (Nascar doesn't like full video coverage), pictures, and in-car videos from
every Saturday night posted on our website. It's there so that the drivers can go back and review the races they were in and so people who want to
relive the moment can.
We were informed this Sunday, by email, that we can no longer post the videos nor more than 5 pictures online. They claimed it was because the track
photographer is losing money because everyone has a digital camera. I nicely informed them that I have written proof from different people affiliated
with the track and from the track photographer himself telling us that what we are doing is not illegal and as long as we are not selling, we are
fine. The PR guy who emailed me responded telling me that was a misunderstanding and that we do not have any rights or permissions.
Long story short, we found out the guy in charge of PR is working with another videographer to possibly make their own video production. That is the
real reason why they need to shut us and everyone else with a camera down.
I am going to be talking with the stadium's top management soon because the drivers do not believe they know what is going on. Until then though,
can anyone help us make sense of how photography and videography laws work? We know that by paying to enter a facility they can dictate if we can use
photography or videography BUT can they single us out and still allow other people to post their videos and pictures? We originally requested media
credentials from the PR guy (before we knew he was shady and had shady people in his pocket) and was denied. Based on that, could we get away with
saying they do not qualify us as media so we're just a personal hobby site and continue offering drivers a place to view pictures & videos? Regular
paying fans can still take pictures and videos and post them on sites such as facebook, couldn't we? What if we used our own personal FB profile
pages instead of our ItsAllAMile page?
Sorry this is so long, hope it makes sense. Any help or suggestions with this will be greatly appreciated!! Thanks!