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Archive 2013 · sports photo usage question
  
 
shaneroper
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p.2 #1 · sports photo usage question


Appplebees paid me very well for my images, don't give them away for free.


Mar 14, 2014 at 03:48 AM
Scott Sewell
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p.2 #2 · sports photo usage question


If you're not already following/reading Seth Godin, I would strongly encourage it. Good stuff. His blog post today seems rather timely for this thread:

http://sethgodin.typepad.com/seths_blog/2014/03/better-than-free.html



Mar 14, 2014 at 05:04 PM
kzoockof
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p.2 #3 · sports photo usage question


Monkey Falls wrote:
To answer the OP's question, as I understand it, the entity that displays the images is ultimately responsible for the model release. As a courtesy, the photographer can obtain it, but it is not his/her legal duty.


I am not a professional photographer, but doesn't the photographer need to have a model release (legally) to sell the photograph in the first place (for a non-news purpose)? After all, it is a commercial transaction and the photographer is benefiting from the commercial image of another.

I used to work (many years ago) for a printer and we had multiple publications. Our advertising contracts required that model releases must be on file (at the advertisers) for any and all images of people and "protected" shots. There was additional legal wording that the advertiser would be responsible for any and all claims, including the costs of defending us and any legal claims for use of "illegal" use of images in their respective advertisements in our publications or printed matter.

A photograph of a person in a restaurant or public place is certainly considered marketing, unless it is part of a news publication (such as newspapers posted in rest rooms). In this case, I don't think there is any doubt or argument that could successfully be made that this is NOT a commercial or marketing "event". The picture, in and of itself, does not need to be a revenue generator for the business for this to be the case.

The statement that the person selling the photograph, print, poster, etc. . . is not responsible for the model release surprises me. That means that anytime a person purchases a poster, print or photograph (let's say at a store) that the purchaser is then responsible for finding the "model" and securing the release if they want to display the print in public? That doesn't make sense to me, but I am not a lawyer.



Mar 17, 2014 at 11:52 AM
Marty Bingham
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p.2 #4 · sports photo usage question


Read this with particular attention to #2 and #6.

http://danheller.blogspot.com/2011/09/busting-myths-about-model-releases.html

Marty



Mar 17, 2014 at 12:12 PM
 

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dbaphotography
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p.2 #5 · sports photo usage question


After reading through a recent thread I started (http://www.fredmiranda.com/forum/topic/1280240), and this one, and reading through all of material that helpful people posted links to, and reading through other stuff I found through Google (e.g. http://www.sportsshooter.com/message_display.html?tid=40843), I was still confused.

There seems to be differences of opinion as to whether the display of local HS sports photos in a local restaurant is legally considered to be a commercial business promotion (like a billboard on the side of a road) or art (like the other local knick-knacks they have hanging on the walls). The first would require a model release, but the second would not.

Then I found the following excerpt from this link:
http://www.danheller.com/model-release.html#8.5

"The exception to when "art" isn't really art, brings us back to the example where you have a portrait studio in a shopping mall. Remember my point about posting a photo of someone in the store to demonstrate your work? That's a commercial use because you are promoting your business. Here, the photo—or "art" in one of its forms—is being used in a commercial context because it is very specific to the nature of the business. This is quite different than a restaurant, where artwork is not so clearly a part of the establishment's "business model." Here, it's more widely accepted as being part of the decor. (One can argue that decisions to eat at a place aren't based on its artwork.) What's more, it is generally accepted that eating establishments have always been venues for art. This de facto standard has been established long ago, and courts usually uphold such traditions.

Art exhibits—and indeed, the sales of photos as artwork—are exempt from requiring a release from subjects that happen to be portrayed. Courts have decided repeatedly on this matter, including those situations where other potential conflicts may be intertwined."

Hope this helps someone besides just me.

Dave



Mar 17, 2014 at 02:34 PM
John Korduner
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p.2 #6 · sports photo usage question


There is a concept called the "rule of six" which basically permits you to incidentally include a player or their likeness, as long as there's at least six people in the picture. However, you are still required to meet all the other necessary standards for licensing one's likeness or displaying an owner's trademarks.

-not a legal opinion.



Mar 18, 2014 at 01:32 AM
hotshotz1
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p.2 #7 · sports photo usage question


Glad to hear that so many people were asked. They just stole mine. When I looked into it I spoke with a Regional manager who gave me the name of our school Superintendant and his secretary as the people that gave the company in Tampa the photos. Of course neither Super nor secretary knew anything of it. One of the photos had only been in the paper so my boss the editor had it and me. Nope she did not give it to them either. KInd of crappy as I do like our students and would hate to make a stink and have their pics removed. And now I do not eat at Applebee's.


Apr 02, 2014 at 08:01 AM
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