Home · Register · Join Upload & Sell

Moderated by: Fred Miranda
Username  

Sports Corner Rules
Sports Corner Resource
  

FM Forums | Sports Corner | Join Upload & Sell

  

Archive 2014 · Question about legality of selling photos

  
 
mcurley99
Offline

Upload & Sell: Off
p.1 #1 · p.1 #1 · Question about legality of selling photos


Hello,
I was contacted by the organizer of a girl's youth Basketball tournament, who is interested in hiring me to shoot pics of the participants (action, pre-game, post-game, awards, etc.) at the upcoming tournament. He would use these pics in various types of advertising for next year's tournament, and years after that. I know that in previous situations where I wanted to sell one of my shots for commercial usage, I needed to obtain consent from the identifiable parties in the picture. Is it any different if the tournament organizer hires me to shoot on their behalf and is paying me to turn the pics over to them and the pics are of participants in his tournament? Sorry, but I want to err on the side of caution, which is why I am asking for help with this. Thanks for your time.



Jun 17, 2014 at 07:21 PM
P Alesse
Offline
• • • • • •
Upload & Sell: On
p.1 #2 · p.1 #2 · Question about legality of selling photos


He would have to have signed model releases on file of every participant. If the images are being used to promote the program and that program is non-profit, the issue becomes more gray. Often times, the release is signed at the time the player registers for their likeness to be used to promote the program... aka, "the fine print". Double check with the organizer. Like you said, air on the side of caution.


Jun 17, 2014 at 07:52 PM
Marty Bingham
Offline
• • • •
Upload & Sell: Off
p.1 #3 · p.1 #3 · Question about legality of selling photos


This comes up ever so often on here but I find it difficult to find anything using the search function.

Long story short, you don't need model releases to sell photos. The buyer may or may not need model releases depending on what they use the photos for.

According to the following excerpt from the article linked below, you are not responsible for what buyers do with the photos they purchase from you.
" And because the law does not require you to have any knowledge of the buyer or their intended use of a photo, you are always allowed to sell photos without a release."

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

I hope the information is helpful. Of course the final decision on how to move forward is yours.

Good luck!

Marty



Jun 17, 2014 at 08:22 PM
P Alesse
Offline
• • • • • •
Upload & Sell: On
p.1 #4 · p.1 #4 · Question about legality of selling photos


Great article Marty. Thanks for that. I found this towards the end:

"When photographers put images on their professional website, they think that this suggests that the people in those photos could be construed as sponsors or advocates, but that's not complete. Putting photos online to "sell" does not require a release, depictions of "art" do not require a release, and a "portfolio" does not require a release. The only way a photo would require a release is if the photographer created a self-promotional piece (such as an ad) that promoted his or her services, and used a photo of someone that might suggest it is a client."

There might lie the gray area for the OP. True, that the photographer need not be held accountable for the usage of images of the buyer after the fact if the photographer is unaware beforehand, but how about if the photographer is contracted specifically for the images to be used to promote the services of the buyer and the photographer is well aware of this? In that instance, doesn't he share in the culpability?

A gray area.



Jun 17, 2014 at 08:41 PM
Marty Bingham
Offline
• • • •
Upload & Sell: Off
p.1 #5 · p.1 #5 · Question about legality of selling photos


18% gray.

Hey, I dig holes and tote stuff for my day job so I may not be the best person to ask. With that being said I have looked for years for a black and white answer to questions like these and have come up short. This article is the closest I've come and it gives me some peace of mind as my thousands of photos sit online for all to see.

I take the paragraph you refer to make the distinction between two situations. One where I take a photo of you and say P Alesse highly recommends Bingham Freelance Photography which puts the responsibility of having the release on me and the other where I sell your picture to a company who in turn uses your likeness to say P Alesse highly recommends Brand X, which put the responsibility on them.

But again, I killed a lot of brain cells in the 70's so I highly recommend that people read up on the subject as much as possible (and share it here) then decide for themselves.

Marty



Jun 17, 2014 at 09:00 PM
mcurley99
Offline

Upload & Sell: Off
p.1 #6 · p.1 #6 · Question about legality of selling photos


Thanks to both of you guys for taking the time to answer my question. I really appreciate your effort!


Jun 17, 2014 at 09:46 PM
Top Gun
Offline
• •
Upload & Sell: Off
p.1 #7 · p.1 #7 · Question about legality of selling photos


It is not required for you to provide a model release and having an indemnification clause in your contract with the client will cover you should something arise from it. I generally guide clients to include a model release in the fine print for large sporting events or on commercial shoots an assistant will take care of it for me while I shoot.

I have a modified version of this paragraph in my terms and conditions.

Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client's sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client's purposes. Photographer's liability for all claims shall not exceed in any event the total amount paid under this invoice.



Jun 17, 2014 at 09:52 PM





FM Forums | Sports Corner | Join Upload & Sell

    
 

You are not logged in. Login or Register

Username       Or Reset password



This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.