![[UPDATED] The Color Run Sues College Photographer After He Asks for Compensation for Image](https://cdn.fstoppers.com/styles/large-16-9/s3/wp-content/uploads/2014/02/The-Color-Run-sues-college-photographer_jpg.webp)
[The Color Run and Maxwell Jackson have come to a joint resolution since this article was published. For more info scroll to the bottom of this post for links to their site which has up to date posts on the entire situation.]
"The Best, the Biggest...The Happiest 5k on the Planet" is how the Color Run likes to describe itself to its 2.6 million Facebook fans. But don't let that fool you. The company is suing 21 year old photographer, Maxwell Jackson, because he claims they used his photo illegally. Say what?
Jackson went to one of The Color Run events in Miami in 2012 with some friends from his photography club at Florida Atlantic University, where he is still a student. He photographed the event and posted the images online. He was then approached by Scott Winn, who identified himself as the Photo Director of The Color Run. Winn asked Jackson for permission to use his photos on their Facebook page and said that they would even give him "photo credit wherever (his) photos are used." As a new photographer, Jackson felt this would be a great way to get some exposure. "I was a new photographer and this amazing new company was offering to feature MY photos on THEIR page!" Who would have thought that would take a tun for the worse.
July of 2013 comes around and Jackson is walking around a Sports Authority in King of Prussia, Pennsylvania (no where near Miami) when he was actually handed a flyer featuring HIS photos. On top of the flyer having his images on them without his consent or knowledge, The Color Run did not even give him credit for taking the pictures. Jackson even stated that they are still using his photos on their main websites, such as TheColorRun.co.uk, and even more international sites. Not cool (or legal?).
The photos have also been featured in the U.S. News, Baltimore Sun Times, and by companies such as Coca-Cola. "There are thousands of individual websites all over the WORLD wrongfully using my photos as provided by The Color Run."
Jackson contacted The Color Run to try and receive compensation for the misuse of HIS photos. He instead received a response from Travis Lyman Snyder, owner and founder of The Color Run, which said he "would rather spend $500,000 on lawyers than be extorted by (Jackson)."
On top of that, according to Jackson, Travis Lyman Snyder filed a frivolous trademark infringement lawsuit against Jackson in Utah Federal Court, where The Color Run is centrally located, to sue him into submission. Jackson and his father worked "pro-se" (without a lawyer) on the case at first but then requested counsel from the state of Utah. On December 23, 2013, they received a letter that said their request for counsel was approved so now the clerk of the court would be finding Jackson a lawyer. You can view the full filling here
"I now have pro bono counsel, which means I don't have to pay lawyers hourly for their time, however, I still have to come up with between $50,000-$100,00 in fees connected to standing up for my rights. These fees are expenses tied to the case, such as expert witnesses, copies, postage, stenographers, depositions, travel expenses, etc... Without this additional funding, The Color Run and their deep pockets will get away with infringing on the copyright and stealing my artwork."
As a college student, Jackson says he is already in debt with loans and there is no way he could come up with the money to fight this case along. He is asking for donations on his GoFundMe campaign to help raise the funds for this case.
UPDATE: Jackson reached out to me and gave me the reason for him being sued by The Color Run. Here is what he said. "About 5 months after I shot the race I was contacted by someone I knew that worked with a company that sets up, breaks down and staffs Color Runs. They asked if I wanted to work color runs and it sounded like fun and good money so I said yes. While working for Silverback (company I worked with) I made my fb employment status that I worked at Silverback and The Color Run. That is their filing on the case but they have also argued that because their trademark "Color Run" is in my photos they are entitled to them."
What are your thoughts on Jackson's situation, and how The Color Run handled the use of his images?
We have reached out to The Color Run for an official response and will update if and when one is received.
UPDATE: It appears many upset readers started commenting on their Facebook wall. Rather than attempt to delete them all (which was their initial move), The Color Run has just removed the ability to comment on their Page.
LAST UPDATE : "I want to sincerely thank everyone for their voices and support as we’ve worked through this issue. We have been able to reach a joint agreement, which meets the needs of maxxsphotography.com and The Color Run. We are happy to have avoided the drain of the legal system and look forward to the continued success of both companies.
As referenced in yesterday’s statement (written below), my hope was always that we would be able to reach a fair and mutually acceptable resolution. I am grateful that through this weekend we were able to resume discussions with Max and come to a solution.
I want to be clear that the recently resolved issues were never about The Color Run lifting and stealing images. From the beginning, we had a contractual “use” agreement with Max. We received high resolution, un-watermarked images for use online or in print. The problems arose from a poorly worded, semi-verbal contract. We both had a genuine misunderstanding about the terms of our agreement when it came to photo credit on printed images. The recent negotiations revolved around finding a fair resolution to that misunderstanding.
Lessons Learned:
- If you are a business, be explicitly clear about the use, compensation, and parameters of the agreement with the photographer when sourcing images. Make sure it is all in writing in order to protect each other.
- If you are a photographer, understand the level of access you are providing and also protect yourself with clear, written, release agreements.
- Lastly, if a misunderstanding arises, enter into a respectful and ethical discussion about how to resolve the issue. In our new social/visual/online world, businesses and photographers need a great relationship more than ever. Assume the best in each other and make it work.
There is no doubt that the social media voices on both sides of the issue provided meaningful insight during this process. I sincerely appreciate those that presented thoughtful perspectives on the situation and how to resolve it.
-Travis"
[Images used with permission from Max's Photography || Original Story Via Max's GoFundMe Campaign]
It's good to see you guys stand up for us. With your following they won't be able to just ignore you.
THANK YOU!!
They've left mine up so far lol.... sad but let's face it these non-profits are often run by people who are completely for profit and really don't care about the cause...
I posted 3 times and they deleted it within seconds. They are monitoring their FB page. Take to Twitter and ask for retweets. My friend at Sport Illustrated retweeted.
Can't post on their timeline but can still comment on their posts. I'd recommend everyone copy and paste the link to this article in every post/photo on their page
I tried posting on their page and they blocked and deleted me. I see they use #ColorRunner for some of their posts, so maybe tag everything you post about them with that.
yeah. i just wrote something to likes of "hey guys, dont sue that Maxwell Jackson kid" it was deleted within a minute.
Posted to Twitter
My thoughts exactly. Always, always, always get a contract, no matter how small you think the deal is going to be.
I'll never participate in another one and I'll make sure that my friends don't either. Absolutely SICKENING.
Who would bring their cameras to an event like this? I read the paint dust particles can get stuck in your lenses and between the glass. It's just more hassle for a cleaning repair.
Honestly it is a blast to shoot and I never had any equipment issues and I had people throwing color bombs at my lens
Thank you for taking the time to read about my cause!
Can you tell us what made you think this was a sane request?
Jackson wrote "requesting compensation as follows:
$100,000.00 US deposited into my business bank account, additionally to
be named the Official Photography Sponsor of The Color Run
(Internationally) for the remainder of its existence, my Logo to be
added in sponsors section next to Chevy on the bottom of your web pages.
My name to read at the bottom of any photo's used in legible print from
the next print run forward as, Photogrph by Max Jackson." He warned "if
no efforts are made within 15 days, to contact me I will be forced to
take further action."
Because that's just crazy. You know they're running a charity right? And you think they owe you $100K and should be at the same level as Chevy? Because you took a few pictures at an event you're now the "Official Photography Sponsor"?
I'm sorry, but unless there's more to this story, I'm with Snyder. You seem like an entitled kid looking for attention because you knew full well they wouldn't give you anything in that unreasonable list.
Is The Color Run a charity or a non-profit organization?
The Color Run is neither a charity nor a non-profit organization. The Color Run, LLC is a “for profit” event management company and our number one goal is to produce high quality events.
Point taken. I read the point about them donating over $3M to charity and didn't look further.
I just gave $15 to the gofundme campaign and I encourage all of you to give something too. If companies continue with these abusive practices, we all suffer. You don't have to give much. If each of us gave our Starbucks money for the week we could make a big difference ... and save our own tail down the road.
I coulda bought pot with that, idiot!
Nice try, pot dealer!
This is a crazy story. Cant understand 'The Color Run' at all. 1. Giving themselves a bad name. 2. wasting so much money on something so stupid. 3. The whole thing could have been over in a day, with very low costs, if they did the right thing and paid him something for his work. Im sure he wouldnt ask for sooo much money.
Sorry, but they are stupid
I am with you completely avoidable from the get go if they would have just paid him a reasonable sum in the first place. I have shot a couple color runs for various companies while they came into town here. The really odd thing is its very last minute with the photographers they ask to come out. I was told 3 days before the event by a friend. No contract or agreement was reached it was simply shoot, we pay you $300 bucks for a couple hours and you give us all the photos at the end. I even asked various questions about rights of images and where I stand in using them for my own personal gain. They said use them for whatever you want. Now the runs that I have done were smaller and by much smaller companies than color run themselves but still and odd market.
Same here... although a different company (not the color run) did say that they only use the photos to sell to fans, and that if they wanted to use the photos for promotional material they would contact me about that. Of course, nothing in writing, so I wouldn't be able to hold them to that. Also I shot on their cards, so I wouldn't have the option to post the images on my site anyway.
As far as this is concerned.... I can see "the color run" being trademarked and them taking issue, but that's the SMALLER of the two issues here by far. One issue is a young college kid not knowing any better and taking images of things that are trademarked, the other is a company STEALING... I hope Jackson gets good legal defense and is able to raise the money he needs. :)
To set things right this is case about "copyright infringement" and not "stealing"... These are two completely different things. This is not to say that Color Run tactics are less disgusting.... It is obvious that they attacked Jackson to scare him and expecting that he will try to settle and extort from him dropping of his copyright infrigment charges as settlement.
The photographer has the copyrights to any pictures he takes as soon as he takes them if there is not a contract that states otherwise.
But here's the problem - this kid demanded $100K and a list of other crazy demands. The above report is only half of the story. If he had brought the matter to their attention and negotiated a reasonable fee for the photos, I'm sure they would have paid and no one would have heard about this. What would you do if a guy threatened you with a $100K lawsuit for a photo that normally wouldn't be worth more than $500?
It's not up to your or I to determine a price for the photo: that's a negotiation between the copyright holder and the customer. In this case Color Run appear to have skipped the negotiation and went straight to using it without permission, and now appear to be suing as a distraction.
What I'm saying is that the photog skipped any type of conversation and went straight to "meet all of my demands or you will be sued". Color Run asked permission to use the photo on their facebook site, and he let them use it for free. So, I believe someone at Color Run made a mistake and used what they thought was their picture in an advertising campaign. Color Run is in the wrong and needs to compensate for the mistake, but writing a list of demands "or else" is not the way to approach the situation.
For the type of usage that's being described (printed ads, web usage, area and time of use, etc), a rights-managed license could easily get to $10K if not more (depending on whether the photo is used worldwide or not). I think $100K is too much but $500 is nowhere near the value of this type of license.
You're right. I got a little carried away with the $500 amount. I was thinking about the original request to use the photo when he let them use it for free on the Color Run facebook page. I know that doesn't change the worth of the photo for print, but it made me think of a lower number.
you have dealt with this for well ever, so personally you know what he is going threw... :( still cringe at the stolen scream :(
The ultimate case of copyright infringement. But this color run thing is so stupid I cant handle it.
I think it became an ego thing and reverse psychology tactic - I think they think that by suing, they can just make him go away, and he'll be happy just to not have to pay up.... its amazing what you can get away with by throwing money at it.
Ego and money: they're banking on the fact that cost (financial/emotional etc) of defending himself outweighs the potential benefit from his complaint.
Let the truth be told, These corporations are well aware about the financial mess this country is in.
They also know by the time this would appear in court the U.S economy will collapse. The truth is we have no rights.....Advise to all new comers avoid putting you best work in any social media.
Sounds like PPA needs to step in. Anyone on here have the ability to get in touch with them?
Only if the Maxwell Jackson is a member of PPA.
Photographers and photojournalists should boycott all future Color Runs until the company does the right thing. They should get zero publicity.
Should just boycott all future colour runs regardless - what a useless event.
Plus Lensrentals.com found out the color powder they use can get inside photo lenses, requiring their disassembly to clean. See: http://www.lensrentals.com/blog/2013/05/how-to-ruin-your-gear-in-5-minut...
Boycott color run
Hats off to Scott Winn for saving his text. He has the proof he needs to blow this frivolous suit out the door. The Color Run can cry and cry about trademark infringement but the test proves that they "requested" showed an interest in his work. Scott Winn fight this you will win while I am not a practicing Paralegal I hold degree in Paralegal studies and can tell you that you are in the right. I am on your side and The Color Run should be ashamed as now the placed a negative attachment to an otherwise good cause. For shame!!!!!
Scott Winn is the person representing The Color run. Not the photographer who's photo was used. The photographer is Maxwell Jackson.
I donated.
He'd rather spend 500K than be extorted... more like he'd rather spend 500K than be found out what shameful practices they use.
This guy demanded $100,000 in compensation plus that he be added as the official photographer for Color Run for as long as they are a company plus having his logo added next to Chevy on the sponsors page on their websites. If you ask me their reaction isnt all that insane when you know what his demands were. He told them he wanted all of those things within 15 days or he would sue them.
I can't tell you what I think in mixed company.
Not to mention a release for the girl pictured. And possibly usage fees due to her.
Kinda ridiculous, but also what about the girl in the shot? Her face is clearly visible and somehow I doubt that the color run has a signed release allowing them to use your likeness in a commercial campaign either. Using the image in print ads clearly is not editorial. I would surmise that she could go after them as well.
Like most sporting events, by purchasing the ticket and attending the event you usually waive your rights when it comes to them using your likeness in advertising. Look at the small print on the next event ticket you purchase.
Then the venue would need to use a picture they have rights to. Taken by their own people, or completely suckered from some poor sap for commercial use. (Hey can we post this on our FB page) does not count
Usually when participants in a large public event such as a race sign up they sign a waiver of liability in case of injury include a release that photos of the event with their likeness might be used to promote the event and that if they win their name may be used to promote the event.
Most races have entry forms that include a model release for just this reason.