I posted this in another thread that discusses whether a meet can even request on copyright grounds for a fan video to be removed. A fan video is not copying anything. It is an original work. That thread is here:
http://www.letsrun.com/forum/flat_read.php?thread=6326404
USATF clearly doesn't get it.
As a policy matter, USATF is incredibly short sighted to stop it member clubs from making the video. It is great for the sport for clubs to be promoting the sport. There is no commercial value to USATF being lost from the video.
From a legal standpoint, being aware of this thread
http://www.letsrun.com/forum/flat_read.php?thread=6326404
I'm pretty sure it's not copyright infringement.
What did the club copy that USTAF owned? Nothing.
Now if the club signed something saying they wouldn't make video (I don't see any reference to that) that would be a breach of contract claim right? If there was some sort of waiver assigning USATF the copyright to anything shot at the race, then conceivably you all are saying there might be a copyright claim, but that is unsettled?
Now what USATF doesn't want clubs to do is say shoot top finishing video of USATF Outdoor nationals but that is a completely different thing. (We won't even get into the point that many of you are saying that would not be a copyright violation but a breach of contract).
Very short sighted direction at USATF.
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I'm going to add a few points. Take a look at the SuperBowl for example. This fan video of the game winning interception has 2 million views and is still up on youtube:
https://www.youtube.com/watch?v=RgloErF-H2c
This video which copied the tv broadcast of the same interception has been removed on copyright grounds:
https://www.youtube.com/watch?v=jegTOQjbdCw
Now that could be because the video matching system would automatically catch the second, and not the first. However, no doubt the NFL has tons of trademark lawyers on the prowl who are eager to assert the league's rights and they may realize that #1 is not copyright infringement. It may violate some terms on the ticket but it's not copyright infringement.