Did you know, that when we attend the races, compete in Fashions on the Field or even attend a public event such as concerts and sporting events, there are most likely media terms and conditions that you have agreed to, possibly without even realising, just because you have agreed to attend? This can apply to events that you purchase a ticket to, or even to events that may be free to attend. To most of us who don’t mind having their photo taken and shared, it’s no issue. But there can be those times when we don’t want our photo taken ie the day we have pulled a ‘sickie’ to attend a race day or if we wish to rewear a FOTF outfit to another event.
Terms and conditions that we agree to usually look something like the following and are hidden in the fine print of clubs/organisations websites and/or FOTF entry forms:
“You acknowledge that the race club/organiser and third parties authorised by the race club/organiser may make or record film, photographs or other forms of moving picture, still picture or any of them of an Event (including, without limitation, of persons attending or viewing the Event). Unless you otherwise reach an agreement with the race club/organiser, you hereby grant the race club/organiser and third parties authorised by the race club/organiser permission to use photographs, film, tape, or other images or likenesses of yourself, in any media (including publication within and outside, Australia) and for any purpose (including promotional purposes) without identification or compensation or payment of any kind.”
So, what does that mean to us? Well, if you attend an event, even if you do not participate in the Fashions on the Field Competition, you agree to have your photo taken & shared. Your photo may end up, without your knowledge, on websites, promotions, in the media, shared on supporter pages (such as ‘It’s All About The Sash’) and even on-sold to other organisations for promotional use. For example, I found a picture of myself & a group of ladies taken at Flemington by a VRC photographer, advertising the races in Singapore some years later!
I’ve found that there are two types of people involved in FOTF - those who love their photo being displayed (the majority of FOTF entrants) and those who do not.
If you’re anything like most fashionistas I know, we check pages like ‘It’s All About The Sash’, the race club, FOTF bloggers, photographers & local media outlets straight after and in the days after an event for even one photo of yourself, and if you’re lucky, there’s a shot worth sharing or putting on Facebook and Instagram.
I created ‘It’s All About The Sash’ 8 years ago as a place where we could share these photos (amongst other purposes) and spend anywhere between 7-15 hours a week researching events then searching the internet for winners photos to be shared. I’m always careful to credit my source and will even go back and amend it if I was earlier mislead as to its origins.
Those who do not like their photo being displayed are usually few and far between in my experience, and is usually due to the thought that their face or outfits are being over exposed. To a lesser degree it can be due to a person not liking a specific shot of themselves or the angle it was taken. Some people don’t like the thought of their image being displayed without their permission, however if you go back and check the terms and conditions of the event you have entered or attended, it is more than likely that the event has a media waiver such as the above example.
From my experience, I advise race goers that it is better to be honest and legitimately take a day off work instead of risking winning FOTF and being caught out by the huge number of media outlets you may be covered in. If that means the boss may say no, then miss out this time and try for another event or preplan for next year. If you have won in an outfit and plan on wearing it again, your photo is more than likely spread far and wide within the local and FOTF media, so there’s not a lot you can do about it but celebrate your win and proudly rewear or remodel at the next event.
If you do share a professional photo within supporter groups or within the confines of your own social media, please credit the photographer or source, even if it was taken by a friend. If you are asked by a race club or organisation to use a photo of yourself, always seek permission from the original photographer. An example of this is when I was recently asked by Cairns Amateurs for photographs of myself to use when they were advertising the judging panel for their upcoming race days. Before I sent the photos through I received written permission from both photographers I sourced photos from. You can not always assume that a photographer will say yes and may also be required to pay for the right to use photos, so check all of this out first.
Professional and some hobby photographers place watermarks on photos and they are placed there for a reason, in an attempt to protect their images from copyright infringement. If a photographer has taken a photo of you that you love and would like the watermark removed so you can print or publish it, contact the photographer directly. Do not crop the image so that the watermark is removed/obscured as this is not ok and still breaches their copyright. Most photographers will happily sell you the rights to a photo and will send you through a high resolution copy for you to use. If you are not happy to pay for the photo, be prepared to use/share it with the watermark attached. If you are very fortunate, a photographer may send you a copy for free, but this can not be an assumption as many photographers make a living by taking photos.
I have received requests from members of ‘Its All About The Sash’ over the years for photos to be taken down, including requests to remove photos because a member didn’t like the angle at which it was taken, was planning on wearing the outfit again the following week or to replace a photo with one they like better. Although I’d like to meet everyone’s requests, due to the time I already commit to the group, requests for photo removal will only be considered for more serious reasons such as a photo was used without permission, photos of children being used where legal issues are concerned or if a photo somehow has slipped through that somehow shows profanity or nudity. Please also refer to our Social Media Guide. I’m happy to say that these requests are few and far between, so unless a photo pops up on the page that doesn’t meet these reasons, I politely ask that you please reconsider your request as your winning photo is more than likely already shared far & wide.
I love looking for and sharing photos of FOTF winners and I love it even more when members help by tagging @itsallaboutthesash on Instagram, post directly to our Facebook group wall, private message me a picture or share a link to where I can find official photos. Can I please thank each and every member who has helped our page grow by sharing photos, as social media can be a great thing when used for the right reasons and only helps in the promotion of Fashions on the Field events and the quality and creativity of outfits we see at such events!
(Terms and conditions quoted are based on a review of genuine current media policy.)
* Special thanks to the industry experts & proofreaders who were consulted when compiling this piece *
Emma Scodellaro July 2019