Question regarding the title of a gallery

[FatNakedGuy]

I recently ran across an event in my area and had the camera with me. Took a bunch of images and shared the link with the event staff and a forum in which people post messages, etc.

The images from the event were uploaded to smugmug with the gallery title as "Xterra Mountain Championship - Snowbasin/Ogden UT - 08/18/07 - PHOTOS"

Yesterday I received the email below. I have complied and removed "Xterra" from the title of my gallery for the time being. Guess my question is... Is Trey's request legit?

I'm not looking to take away business from another photographer, nor am I trying to sell the images. I just happened upon the event and wanted to share with Xterra and the athletes. Having a gallery that says .... triathlon somewhere in Utah doesn't make sense.

I am good with it one way or another, just looking for your thoughts on the subject.


p.s. I was shooting from the highway so not on private land if that matters at all.


-----Original Message-----
From: Trey Garman
Sent: Thu 8/23/2007 2:10 PM
To: Weller Photography
Cc: Janet Clark
Subject: Re: Xterra Mountain Championship - Snowbasin/Ogden UT - 08/18/07 - PHOTOS

Hi Rick,

I understand from our photographer Rich Cruse that it was just coincidence you came across our race on Saturday, and that you are not attempting to sell the images. That is great news, as we have an official athlete photographer - brightroom - that is licensed by us to sell event photos to our athletes.

In order to protect our relationship with brightroom, I'd like you to not use "XTERRA Mountain Championship" in the description of your photos. We own the rights to the event name XTERRA Mountain Championship and have not granted you permission to market the photos using that name.

Thanks for your consideration, and in the future perhaps we can work together.

Sincerely,

Trey Garman
Director of Marketing, TEAM Unlimited/XTERRA
720 Iwilei Road, Suite 290 Honolulu, HI 96817


----- Original Message -----
From: Weller Photography
Sent: Saturday, August 18, 2007 2:48 PM
Subject: Xterra Mountain Championship - Snowbasin/Ogden UT - 08/18/07 - PHOTOS

http://rickweller.com

[claudermilk]

So, let's see, you are not selling the images and they are aware of it. You were on public land outside the event when you took the shots. Sounds to me like you're not "trying to market" the photos. IMHO (and IANAL), they don't have a leg to stand on, but I'd leave the name off to keep the peace--it's not worth the fight. Maybe work something out with them, could turn into an opportunity down the road; being known as a "good guy" certainly cannot hurt, especially considering his final comment.

[FatNakedGuy]

thank you sir! I'll leave the Xterra part off and move onto the next shoot!