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06/30/2004 03:00:30 PM · #1 |
| My father knows someone that goes to local sporting events to shoot the games. He hands out his card to the spectators (parents) telling them they can purchase prints of the game from his website. Apparently he does pretty well with this, but it seems like he’s walking a grey line. While he’s certainly within his rights to shoot the game, are there any legal considerations about selling these photos? Since it’s a news-worthy event, I guess he doesn’t need a release. |
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06/30/2004 03:09:20 PM · #2 |
As a parent, I don't think I would want my chidren's pictures on the web for sale. If it was set up so that I alone could buy them, that would be one thing. If he was posting them as a "news event," that is one thing. But putting them up for sale does seem to cross, as you call it, the gray line.
But, I'm no lawyer, so . . . .
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06/30/2004 03:16:05 PM · #3 |
For specifics you will need to consult an actual lawyer, but as I see it:
It's a public event put on for the purpose of public display. The participants have given up their rights to privacy for the purpose of that event. And as it is a public event, the public is allowed to do what they wish with it -- including photograph and sell those photos.
Anyone not wanting to be on public display should not be participating in public exhibitions.
David
/edit: clarity
Message edited by author 2004-06-30 15:17:33.
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06/30/2004 03:24:39 PM · #4 |
I think you are right David.
I remember some time back a photo of a young man in a marching band taken in Boise Idaho whose uniform pants had fallen to his ankles. He continued to “march” and play his trumpet without hesitation. There was talk of suit which was quickly quashed based upon the public nature of the event. Additionally, so much support was expressed for this young man’s valiant performance in the face of adversity that the lawyers pretty much had to run for cover.
Dick
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06/30/2004 05:24:24 PM · #5 |
All this is my opinion but I think its based on some pretty clear court decisions. I found some of this in discussion over at photo.net (article). Here is another forum posting from January of this year regarding legality of making money by photographing people in public.
I'm sure lawyers would be happy to argue the merits of such a case for money (or even give someone guidance for a fee) but there is a difference in editorial license and profiting from work. One of the first things to notice is that while everyone has license to record images of public events (as long as they don't violate national security), profiting from those images is in question. The courts have vehemently defended the right of each individual to profit from his/her own image or likeness. The reason the papparazzi can take photos of Bill Clinton or George Bush or Tanya Tucker is that they have made their career from public interest and anything they do may at any given time be of editorial value.
If you want to take a photo of an 8 year old playing baseball on a municipal ballfield then you're allowed to do that unless there is a local ordinance against it. If you choose to sell that image then you must obtain written consent from the parent or guardian of that child to do so without opening yourself up to litigation by that child's guardians.
If said child happens to be the son of Alex Rodriguez or its even suggested that he/she is the illegitimate child of some similar pro baseball player then you can license or sell that image to a news outlet for editorial content (you'll still probably open yourself up to a lawsuit but I'm betting you could win that one based on the courts chosing to protect the interest of public information over the interests of a private individual).
The line for me becomes blurry when you take the photo of the child and then sell it to his/her parents or grandparents. It seems like you'd actually have to obtain written permission from the parents even to make the photo available to the grandparents or to the coach or even to the local youth ball association.
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06/30/2004 05:33:03 PM · #6 |
I take pictures at High School sporting events and have a great business selling to parents. 9 times out of 10, it's the parent that asks me to get a shot of their kid... Most, if not all, of these parents are framing the shots for their son/daughter. What great memories!
I was involved in HS rodeo as a teenager, and there was always a photog at the event...I never signed a release, nor did I ever see one signed. |
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06/30/2004 05:56:17 PM · #7 |
| I think karmat hit the nail on the head. Posting them online for the _parents_ (and only the parents of said child(ren)) to buy is one thing. If they buy one, you could have a release in the order form they could check or uncheck, giving you permission to sell to the general public. |
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06/30/2004 06:22:25 PM · #8 |
actually, I think kevin has it right. Taking the picture is legally ok, but selling it without permission is an entirely separate issue.
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06/30/2004 09:17:57 PM · #9 |
| Another consideration is the type of photo, and whether the kids are individually recognizable (other than by uniform number). I think you'd be free to sell "action photos" of the event itself, but need a release to sell portraiture of the individual kids to the public. If you sell to family, their payment would seem to constitute an implied consent/release. |
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06/30/2004 09:30:19 PM · #10 |
One thing to remember: anyone can sue you, regardless of outcome.
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06/30/2004 09:56:44 PM · #11 |
Originally posted by zeuszen:
One thing to remember: anyone can sue you, regardless of outcome. |
There's a VERY few things they won't even let you file for, but it's true -- they can sue you even if they have a very low likelihood of prevailing. If their suit is considered "fivolous" though, they may be on the hook for your expenses and attorney fees, if any. |
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