In Georgia, the independent photographers went to court for the
right to include senior portraits in the yearbook. We won because
it was "Restraint of Trade" to allow only 1 company's photos to be
used. Not all states are like that but the same case will win as
the trade applies to Federal law. As far as lower class photos, I
think it would also work but not economically feasible.
That's the cool thing about this case, and what makes it different from a yearbook case. It doesn't require substantial resources to require a yearbook publisher to accept a certain "standard format" for the yearbook pictures. If it's 645 medium format, any studio that can shoot a 645 is "in".
It does require resources to support one company per school doing all the class pictures, instead of one company per district. So requiring contractors to bid on covering the entire district isn't "restraint of trade". The only way to be able to fight that is to be able to put together "whole district" packages, and that may require that several local photographers band together as a loosely organized (but legal) entity, like a small LLC. It can be done.
The contract should be made public as it is a public school system
and supported by taxpayers.
Yup, but sometimes "made public" involves jumping through a few hoops. I like the way Douglass Adams put it in the h2g2...
"You hadn't exactly gone out of your way to call attention to the building plans had you? I mean like actually telling anyone or anything."
"But the plans were on display."
"On display? I eventually had to go down to the cellar to find them."
"That's the display department."
"With a torch."
"Ah, well the lights had probably gone."
"So had the stairs."
"But look you found the notice didn't you?"
"Yes," said Arthur, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of The Leopard'".
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Normally, a signature this small can't open its own jumpgate.
Ciao! Joe
http://www.swissarmyfork.com