I have had several requests over the years about placing a rider's (motocross primarily) sponsor logos on posters that I do for customers. I've declined doing that in fear of legal issues. Am I taking the correct stance or does the rider have the authority to use the logos in this manner? I would greatly appreciate any information on this.
I know some people offer prints that are made to look like popular sports magazine covers and the clip out part of the name using an image...... that seems to cover them from any legal issues since most of the magazine "name" is blocked.......
I am no lawyer but I would advise against using the logo or creating images that look like another property....... Odds are they won't come after small companies who don't make a lot off the images BUT there is always that chance.
Even if the rider himself had permission to use the logo, you are not the rider and should steer clear of it.
Have you asked the riders and/or their sponsors? I'd say that's the only place you're going to get a true answer. I would also guess it might vary from rider/sponsor to rider/sponsor.
Is your customer the rider in the image with those sponsors? If not, you may need to get permission. If it's your customer with their sponsor's logo and the print is for their use... OR the Rider is using it to send to the sponsor/sponsor it may be viewed differently.... But, I'd always err of the side of caution. If you're going to mass produce this with logos, I think you may have an issue...
I'd ask the rider to speak to the sponsor for you. Also, if they do allow you to use the logo, make sure you get it in writing (either a legal document or an e-mail). They are usually real good about this because it's free advertising for them.
Is your customer the rider in the image with those sponsors?
Yes. This would be for the rider's personal use only.
Have you asked the riders and/or their sponsors?
The rider's sometimes state that they put those logo's on their bike graphics and think they can use them elsewhere as well. My reply has been that usage is normally stipulated in their contract. I need to know whether or not any other usage is allowed. My other fear is that they could say they are a sponsored rider and I would only have their word on it. Bear in mind my customers are local racers; not professionals that could easily be verified.
Small local bike shops and other businesses have allowed me usage for this in writing with no problems. Unfortuntely, contact attempts I've made with the large companies have been ignored for the most part.
Even if the rider himself had permission to use the logo, you are not the rider and should steer clear of it.
I have declined these request to date and will continue to do so. I have seen other photographers using the logos, but always cringed at the thought that they were possibly using them without proper consent.
quadmama wrote: Is your customer the rider in the image with those sponsors?
Yes. This would be for the rider's personal use only.
What do you mean by personal use only? Them hanging a poster on their wall is different than handing the posters out to family and friends and then again different from them handing out to fans or people involved in a race as a form of compensation for another act.
If this rider has a photo of them performing their craft out on a course and down in the lower left corner they want XYZ's corporation's logo there and all they want to do is hang it on their wall? I'd say go for it.
But if it's for some other use, then err on the side of caution, per the advise above. You may also want to consult a lawyer versed in media law.
