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01/11/2005 11:43:37 AM · #1 |
I have someone that produces t-shirts interested in purchasing a few of my Motocross photos for use in making t-shirts.
The photos he will be purchasing do not have recognizable faces. He whites out the entire background isolating the bike and rider.
If the face cannot be seen, is it open season for me to sell these photos of the riders to him for use in commercial applications? My thought process was that some of these guys are recognized by their number, bike, riding gear, etc... Does that change anything? Some of these guys are semi-pro and have local sponsors. Does that change anything as well?
He said he could change the number on the bike before using the photo.
Any input and thoughts on the subject would be appreciated! Thank you :-) |
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01/11/2005 12:16:03 PM · #2 |
| I'm not an expert, heck, I probably dont know anything, but if you were at the event via a ticket then you may want to check on the back of the ticket or with the venue as sometimes they will say that photographs taken cannot be used commercially. |
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01/11/2005 12:20:49 PM · #3 |
| I shoot motocross races, but it's not an event where you get tickets. In some cases I shoot for the track as a vendor and in some cases I just go out on weekends during practice (the track is really close to where I live) ... so that part isn't a concern. I'm most worried about the guys seeing a t-shirt someday and saying - hey, that's me! |
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01/11/2005 12:25:13 PM · #4 |
| I think you're fine as long as the face is not recognizable. |
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01/11/2005 02:51:54 PM · #5 |
Tina, my suggestion would to get it in writing that your buyer will change the images so that they are not recognizable (without specifying faces or numbers, etc.) before he uses them. Just something simple that you write up yourself and have the buyer sign. That should get you off the hook if there is a problem, by showing clearly that your intent was for no one to be recognized.
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01/11/2005 03:36:24 PM · #6 |
| You may want to check with your local track. Some tracks have a waiver that the rider has already signed that allows photos to be used for anything. Another thought is to offer the rider a free 8 x 10 in exchange for a model release thus avoiding any legal ramifications later. |
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01/11/2005 03:44:19 PM · #7 |
"I believe" that if you took the photo even if on private property or not your the owner of the photo. You may legally need a release to use it in a publication or when profits are gained from it but your still the owner even if people get angry because it exists. My question is and im sure the final results are backed with deep pockets. How does a publication like the National Enquirer get away with using photos of WHOEVER they want edited to the enth degree depecting all sorts of FALSE stories and situations...
[ edit ]They are definatally not getting releases for this kind of stuff...
Message edited by author 2005-01-11 15:46:18.
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