04 October 2007
Football Dataco Limited Licence Restrictions
These restrictions apply to photographs taken of the following:
- FA Premier League (âFAPLâ);
- Football League (âFLâ);
- Carling Cup (including Final);
- Friendlies when FAPL or FL clubs at home;
- FA Cup (up to, but not including, semi-final); and
- any photographs taken at any time in a stadium of one of the FAPL or FL clubs
(together âDataco Photosâ).
Permitted uses of Dataco Photos
1. Printed Publications
- Newspaper (and identical online version of the newspaper with the same branding).
- Newspaper supplement sold with the newspaper and if on newsprint, no larger than the newspaper and if glossy, not based solely on any club, player or players.
- Special local edition of a newspaper where content relating to a club is incorporated into the general content of the newspaper.
- Magazine sold regularly and not devoted solely to any player or club.
- Book not solely devoted to a league, competition, division, club, player or match and not featuring just one league, competition, division, club, player or match. Book title must not contain official name of a league, club or competition.
- Wraparounds and inserts for competitions (other than fantasy football) contained in newspaper or supplement.
- Poster (single or double sided) sold with a newspaper/magazine provided it (meaning both sides if double sided) is not based on a single league or competition and does not feature less than 4 players representing less than 4 clubs, there is no undue prominence to any player or club and it contains the official competition name and logo and the name of the newspaper/magazine.
- Partworks
2. New Media Use in a news context
- You must obtain an End User Licence from Football Dataco Limited for any new media use and you must abide by the restrictions contained in the End User Licence including those in relation to:
- the type of new media service in which the Dataco Photos may be published;
- the number of Dataco Photos that may be published and the time windows during which Dataco Photos may be published during an in-match new media service;
- the minimum photographic coverage of other matches played concurrently in the same division for in-match services; and
- publication of sequences of stills during and after matches.
- Use of Dataco Photos must be in a news context.
- New media services must not be structured, offered, titled, described or promoted as a âliveâ or ânear liveâ service.
- âTwo clickâ principle â users of the new media services must initially access a general sport or English, European or world football based directory/page and must subsequently make a second click to select a specific match.
- Your new media services must incorporate conditions of use that prohibit unauthorised reproduction of photos.
3. Advertising and Marketing
- Use in advertising and marketing material is permitted only after the conclusion of the applicable match.
- Where advertising and marketing material relates to the printed publications listed in paragraph 1 above, use of Dataco Photos is permitted in such advertising and marketing material (produced in any media) as long as two or more players are featured.
- Use of Dataco Photos in any other advertising and marketing material may be permitted by the FAPL / FL on a case by case basis, provided that four or more players, each from a different club, are featured. You must obtain the prior written consent of the applicable league for your proposed use.
General restrictions on use of Dataco Photos
- No publication or service (printed or new media) may be structured, titled, offered, described or promoted as an official club or league publication / service nor as a single club publication / service. This includes a prohibition on a publication / service where content is based substantially on a single club, or branded or promoted on a single club basis.
- You must not use Dataco Photos to create an endorsement unless such an endorsement exists.
- Dataco Photos must not be altered or manipulated other than âflippingâ, âcroppingâ (provided that the meaning or circumstances depicted are not distorted), fun and harmless manipulation as an editorial means of telling a story, standard computerised enhancement, presenting a player as a player of another club only in order to anticipate a post-transfer photocall.
- No manipulation to obscure or remove sponsorâs name or logo, other than as a consequence of good faith cropping.
- No high quality, printed to order hard copy photos (or allowing digital download or any other method of supply of such photos) for sale to an individual consumer.