HELP!! I think I'm getting the shaft - SBB Digital Scrapbooking Forums | Scrapbook-Bytes

rlynch11 · #1 (**permalink**) 05-15-2006

I'm a newbie and don't know the laws with regards to my problem. I made a page for my son while he was playing baseball. I took all my own shots to use in the page. Several people saw the page and asked me if I would make them one. I agreed and I was going to charge them $5.00-$7.00 for an 8x10, which is what it is costing me to make and print. I am not doing this for a profit, since I am on disability and cannot work I need something useful to fill up my days. Well, our Little League organization is now trying to block me from doing this. Can they do this? I did not use their logo, emblem, or name. Heck, my son didn't even have his uniform on in the pictures I used for the layout. I checked with the company that photographed the team pictures and found out that they DO NOT have an exclusive contract with Little League. I am not using any copyrighted material and I am not making a profit. I have printed out about 15 layouts so far. What can I do?

Tracey R (Haley64) · #2 (**permalink**) 05-15-2006

Wow, I would say that if the photo's are taken with your camera and the other parents camera's! I can't see why or how the Little League Organization can stop you from doing this!
My only other question is are you using all papers, and elements made by yourself? Because you can't use the freebies or paid for kits, you get, to make other people items which you charge them for.
Most designers sell a professional use license you can buy to do this type of selling of your pages.

smurf428 · #3 (**permalink**) 05-15-2006

I say go for it! You said you are not making any profit, just charging for the devolpment. I send pictures to my family and friends of Layouts I have done. If any of them choose to get them devoliped thats not my fault, nore is it a profet for me. I dont see how this is any different. You said that your not using there logo or even there uniforms, so I dont see what they can do. The dont own Baseball!!
Smurf428

rlynch11 · #4 (**permalink**) 05-15-2006

Well unfortunately these people do think they own baseball. As for the kit, I bought the commercial license after I took other orders. They have even threated to sue me! I am just so upset by this whole mess not to mention the amount of money I have spent in ink and paper! They sent me an e-mail telling me how appalling it was that I was charging for this and that Little League was not getting any money out of it. It's sad that it all comes down to the same this with this organization...MONEY.

4guysandme · #5 (**permalink**) 05-15-2006

child privacy or protection thing with the little league? maybe it has something to do with the taking and sharing of pictures (for profit, although not technically) of the children (yours or others) on the teams? it is fine to take pictures of your own kids, no big deal. Heck it is even ok to take pictures of other children so long as it is a public facility and not a privately owned one. does the LL people own the LL place?

I keep going around and around with the karate director over this regarding pictures on his website (I am the designer) -- I insist that he needs to have permission from the parents to post class pictures (pictures taken during the classes, etc) BUT it is fair game to post tournament pictures of the kids. The difference? The karate studio is a private facility, the tournaments are public events held in public places, you pay your spectator fees, you're in.

I would just ask them WHY you can't do it. There is typically a reason.

Maybe the things would be different IF the parents took their own pictures to give to you? I don't know. Just thinking outloud.

rlynch11 · #6 (**permalink**) 05-15-2006

We play at a public facility. I do not take pictures unless I have the paren't consent. Mind you these are pictures of my friend's children and my nieces and nephews. I do use pictures that parents have taken and given to me, as I cannot be at the field all the time. Some of the pictures were taken of a practice we held at my house. Little League said that I took money away from them, which in fact I didn't. I didn't even make my son's page until a week after the league sponsored picture day was over. They are also afraid it is going to take away from their patron book which is essentially a black and white yearbook with all the team pictures in it. I tried to assure the board members that the patron book would not be affected by my pages as the two products are completely different.

Tracey R (Haley64) · #7 (**permalink**) 05-15-2006

Like Stacy said, first ask them why and to give a response that would state legally why you can't and then I would tell them to go fly a kite!!

Are you on the Board of Director's of the Little League Organization? If you are do they think that you are crossing the boundary's of that position?
It is not like you set up a scrapbooking stand in the outfield and are promoting and creating these onsite at a public facility!!
I would guess they are just sore they didn't think of something this cool themselves to make money from!
As far as taking money/sales away from the patron book, I am sure you are not doing this for every child & parents in the Little League!! That also is a parents choice to either buy or not buy the book put out by the league.

smurf428 · #8 (**permalink**) 05-15-2006

I think this is just the reaction of how people think money is more important then anything else!!! If you are not using there uniforms in the pictures, or there logo anywhere on the pages, and all the partents have gave you primission to take the pictures of their kids , or gave you the pictures they took, and your only charging the cost to devolope, then i dont see how they can sue you. As for them thinking your taking momey away from them, all the parents that buy the books and photos will still buy them. Its there kid, just cause they have one picture doesn't mean thats all they want.