Amateur photography on racecourses
As is standard practice across commercial sports and leisure venues, racecourses seek to protect their image rights in their terms and conditions of entry. These regulations are in place to ensure that any commercial income streams generated are protected and available to be reinvested into racing.
Whilst racecourses do not wish to dissuade customers from taking pictures of their day out, and sharing them on social media, this must remain at a personal and private level. Photographs published for a commercial purpose or on a large scale where they are available for download, even at no cost, cannot be considered as being for personal and private use.
Consequently such photography is not permitted without accreditation.
The existing RCA terms and conditions for amateur photography state:
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION: Non-compliance with the following provisions will constitute a serious breach of these Conditions, as a result of which we shall have the right to cancel and withdraw any Ticket or other entitlements issued to you and eject you from the Racecourse. Use of cameras, video equipment, laptop and other computer equipment, mobile telephones and other telecommunications devices at the Racecourse is strictly controlled and limited. You are not permitted to make any commercial use of any audio/visual coverage, still images or data relating to racing at the Racecourse.
1.1 You shall not use any device or technology to capture, record, store, transmit or broadcast any data relating to any race, fixture or other race-related activity at the Racecourse, unless you are expressly permitted to do so by Condition 1.4.
1.2 In particular, you must not capture, record, store transmit (including live stream):
(a) any pictures of horses preparing for a race – including pre-parade riding, Saddling Boxes and Parade Ring;
(b) any pictures of jockeys preparing for a race – including Weighing Room and Parade Ring;
(c) any race (either at the Racecourse or any other racecourse) – this includes either “live” or pictures from the on-course CCTV;
(d) any data relating to any race (either at the Racecourse or any other racecourse) – e.g. odds, Going, colours and colour changes, jockey changes, results; or
(e) any activities in integrity areas (i.e. areas with limited access to BHA Officials and designated staff at the Racecourse) – including Weighing Room, Judges Box, Stables and any area signed ‘officials only’.
1.3 The list in Condition 1.2 is indicative of the types of activity prohibited by Condition 1.1 but that list is not exhaustive.
1.4 You may use mobile devices and point-and-shoot or compact cameras to capture images for your own private and domestic use (but you shall not use professional level photography or filming equipment). The following rules apply:
(a) photography on the racing surface is strictly forbidden;
(b) flash photography is strictly forbidden; and
(c) you must not allow a third party to use such images for any commercial purpose and will notify the Operator immediately if you become aware of any unauthorised use of those images.
1.5 You agree that all copyright and other intellectual property rights in any unauthorised still, audio, visual, audio-visual coverage or other data shall be assigned to us on creation. If these Conditions are not sufficient to give effect to this assignment you will do all such things and execute all such documents as we may require to transfer ownership of those rights to the Operator.
1.6 Unless specifically permitted by these Conditions, you shall not use mobile telephones or any other communications device whilst on the Racecourse to communicate with anyone outside the Racecourse for the purpose of or in connection with any betting.
1.7 We reserve the right to confiscate any camera, video equipment, mobile telephone, radio and any telecommunications or other device (including computer similar equipment) and any media or device upon which any audio/visual content or data may be stored that is in your possession and delete any such content if we believe you have breached or are likely to breach this Condition 1.
2. Journalists, Publishing and Reporting
You are not permitted to report on, broadcast or otherwise write any article about a race or fixture at the Racecourse. You will need to enter into a supplementary agreement with the Operator if you wish to undertake any press or associated activities at the Racecourse.
3. Media Coverage and recording for promotional purposes
All Attendees (which for the purposes of this condition includes horses and Attendees with children) are reminded that many races and fixtures are given coverage on television, radio and in print and various other forms of media. By entering the Racecourse you accept (for yourself and on behalf of any horse or children in your care) that you/they may appear in such coverage, which may also include printed or electronic material used for the promotion of the Racecourse.
Accordingly, you shall have no right to object to, or demand any payment in respect of, your, your horse’s or your children’s inclusion in any such coverage whether produced by the Operator or by third parties authorised by the Operator. Furthermore by entering the Racecourse you consent (for yourself and on behalf of any children in your care) to the passing of still or moving images of you/them to third parties authorised by the Operator for the purposes of the production of printed or electronic material to be used solely for the promotion of the Racecourse.
You acknowledge that, on request, you will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.