Safe, legal way to video youth sports

[mcfly]

What is the name of your state? California

I searched for this on the forum, but didn't come up with anything for my specific situation. Apologies if I am asking a FAQ. This is a little long winded, I just wanted to explain clearly what my situation was.

For the past couple of years, I have enjoyed videotaping my son's baseball games for my own personal use. Games occur on fields which are located in public parks. The league allows me to video (I asked and got permission). Generally, at the end of the season, I compile the videos I've made and give them away to the parents on our team. Before the season starts, I explain that I will be doing this and that any parent uncomfortable with it should let me know so that I can make a best effort to exclude their child from the video. There is also a disclaimer to this effect available on my website, where I post the videos that I take.

There has been quite a demand for these DVDs by the parents. In fact, coaches from other teams have asked for copies (which I have given them). I was thinking if I could charge for the videos I give to other coaches, this might be a way for me to raise money to support my videography hobby -- buy better equipment.

Question 1: Am I exposing myself to any reasonable civil or criminal actions by just videoing the games, posting them to the internet or distributing them?

Question 2: If I were to make the DVDs available for sale, what legal processes are recommended to reduce the risk of exposure to criminal or civil problems?

Question 3: Slightly unrelated -- the organization uses MLB team names and logos for their in-house teams. If I include an MLB team logo in say the DVD menu, the DVD label graphics or in some graphics within the video, am I protected by fair use? What must I do to legally use the team's logo if I'm not protected. I'm thinking that I am, since it is clear the logo is used strictly for identification of the team within the organization and clearly not using it as marketing or an endorsement.

In case you are wondering, I have only heard positive things about what I am doing, and there has been nothing short of 100% support for me videoing the games. People are generally very appreciative -- I just want to make sure I'm covered for that one parent out there next season looking to make trouble.

Thank you all for your help!

-Eric

 

[Medicjoe95]

I am no lawyer, but to my knowledge the law (I know COPPA specifically states this) only claims that publishing "identifiable" pictures of children under 13 without parental consent is illegal. There are multiple solutions:

1. Have the two coaches of the game sign a basic liability form authorizing you to video tape them. Have, in writing, the leagues permission.

2. Do not zoom in on the children. I'll assume this is a public league (like rec baseball or whatever) and therefore as long as you aren't video taping their names on their jerseys or zooming in close enough to see their faces, you are automatically fine.

The best option would be to get parental consent from the players on your team and then never zoom in close enough to the other parents children.

 

[mcfly]

So if, say, I have an e-mail message from a parent that says "wow, I really like the video you posted on the internet".. would that be enough to protect me from at least that one parent?

Unfortunately, it is nearly impossible to video record the game without identifiable information being mixed in.

Do you have a reference to the law you state? I'm not a lawyer either, I'm just a guy trying to do a nice thing for people

 

[quincy]

You can check out California Civil Code section 3344-3346.

You can be held liable for any damages sustained or injuries that result when videotaping any recognizable person without prior consent (and in the case of children, prior consent of parent/guardian).

You would be liable to the injured party in the amount equal to the greater of $750 or actual damages suffered, as well as any profits realized from the sale of the videotapes. Punitive damages may also be awarded.

News reporting, public affairs filming, sports broadcasting, political campaign filming, et al would not be covered under this section. Also, if a person is recognizable but only incidental to the whole of the video, failure to obtain prior permission could potentially be a valid defense.

Medicjoe95 offered advice worth following to avoid a lawsuit. Permission, especially in California (which has one of the strongest privacy rights/publicity rights laws in the country), is vital.

 

[mcfly]

My previous reply didn't go through, I guess.

Thank you both for the code reference and all the advice. It sounds like the best approach is to simply get the parents or at least the coaches to provide me with permission to video the games.

While I intend to take that advice, I would like to understand what constitutes a "sports broadcast or account" as it is used in 3344.d -- the exception clause to the subsection. Wouldn't my video be a "sports account"? I looked through 3344, 3345 and 3346 (3344 was the only section that seemed relative) but I never saw a definition or clarification of "sports account".

thank you!

 

[quincy]

Actually, mcfly, I never saw a clarification of "sports account" either, but I am pretty sure it refers to live broadcasts or re-broadcasts made by news organizations - such as a broadcast network like NBC covering, say, the Detroit Red Wings v. the Penguins games (Yay Stanley Cup champs!!! ).

The networks are given a license to video broadcast sports events. I do not believe the California Code exception covers what you are doing.