College Sports Information Directors of America

2009 CoSIDA Convention
San Antonio, Texas

To learn more about protecting your institutions intellectual property, please contact Chris Kesicke at ckesicke@collegiateimages.com or Gregg Brandon at gbrandon@collegiateimages.com.

Media Credential Language
Collegiate Images (CI) has developed comprehensive credential procedures and credential language that have successfully provided a first line of defense for content captured in and around collegiate events. In developing the credential language, CI stressed the following elements:

•    Each credentialed media member must be working on a specific assignment for a legitimate news organization
•    Unless authorized via prior written consent, the use of any captured content shall be limited to news and editorial coverage

Accordingly, for the upcoming 2009 football season, CI recommends the following new media restrictions in connection with game information taking the form of film, video or digital video recordings of game action (“Video Highlights”).

•    Video Highlights may be used only in connection with a regularly scheduled television newscast aired by an accredited news agency (“Accredited Agency”) within a seven (7) day period following the game.

•    Video Highlights in regularly scheduled television newscasts shall not exceed three (3) minutes in length and cannot be carried live.

•    Any text based accounts or descriptions of an athletic event (including a blog) may not be transmitted without advance written permission.

•    Accredited Agencies should be prohibited from utilizing any Video Highlights captured at an athletic contest on any new media distribution platform including, without limitation, the Internet, wireless handsets, podcasts, etc.

•    Accredited Agencies should not be permitted to display their regularly scheduled television newscasts (which include Video Highlights captured at an athletic contest) on their website or any third party websites.


Photographer Agreements
CI has drafted staff and freelance photographer agreements for our collegiate partners. It’s CI’s recommendation that collegiate institutions execute formal agreements with these photographers that addresses the following:


Ownership
•    Photographs captured by a staff or freelance photographer should be owned by the collegiate institution.
•    At a minimum, the institution should retain joint ownership of the photographs with the photographer.


Usage
•    The institution retains the right to distribute and monetize the photographs in any and all media. In addition, the institution may contract with a third party to distribute the photographs for editorial, commercial and direct to consumer usage.
•    If the photographer is granted any right to distribute and monetize the photographs on their own, then this usage should be subject to the institution’s approval.


Compensation
•    By retaining ownership, the institution may consider sharing in the revenue generated with the photographer. In many cases the staff or freelance photographer may not receive compensation to capture photographs. Sharing the compensation with the photographer may help execute the formal agreement.
•    If the photographer is granted any right to distribute and monetize the photographs, then the institution should consider sharing in the revenue  generated by the photographer.


CI understands institutions may have long standing, existing photographer relationships. Although it may be difficult to instill a new agreement and process with these photographers, it is important to protect and control the usage of this valuable content.