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Archive 2015 · Golf Course Pictures

  
 
AFC168
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p.1 #1 · p.1 #1 · Golf Course Pictures


Hi all,

Was wondering if any one knew how golf course pictures' rights went? If you take the picture, are you allowed to reproduce and sell the image? Do you have to pay a royalty to the course or club?

Thanks for any info ...



Nov 05, 2015 at 01:57 AM
andre2112
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p.1 #2 · p.1 #2 · Golf Course Pictures


Promoters of events are usually the one in charge of media for an event and not the actual club. Every promoter is different, best to check with them first.


Nov 05, 2015 at 10:28 AM
Daniel Smith
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p.1 #3 · p.1 #3 · Golf Course Pictures


Editorial or Art, no problem. Any commercial use and you are going to have problems. Personal use, no problem in most cases.

Tiger Woods even lost to an artist who painted and marketed a limited edition piece after Tiger won his first Masters tournament.
https://www.rcfp.org/browse-media-law-resources/news-media-law/news-media-and-law-summer-2003/artist-wins-right-distribut

http://www.rstreet.org/2015/03/04/mother-teresa-tiger-woods-and-the-use-of-ip-as-censorship/

The] work contained a creative component that originated with Rush and was unique to his talent. In other words, Woods’ image was merely the raw material for Rush’s original artistic expression. As such, Rush’s First Amendment right to artistic freedom outweighed Woods’ property rights in the profits generated by his image.

That said, anyone can sue anyone at any time. You still have to defend in court, even if just to get it dismissed as a frivolous suit. You may be awarded cash - but collecting it is another deal entirely.

From the Woods case:
The] work contained a creative component that originated with Rush and was unique to his talent. In other words, Woods’ image was merely the raw material for Rush’s original artistic expression. As such, Rush’s First Amendment right to artistic freedom outweighed Woods’ property rights in the profits generated by his image.



Nov 15, 2015 at 11:48 AM
gschlact
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p.1 #4 · p.1 #4 · Golf Course Pictures


And in the Woods case, a different judge might have rules opposite with the exact same set of details. Pretty common to find seeming contradictory precedents.

Also, was the assumption made above accurate that you were indeed referring to shooting the golfers and not your own clients on a private course?



Nov 15, 2015 at 10:16 PM
AFC168
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p.1 #5 · p.1 #5 · Golf Course Pictures


Thanks for the info ... I'm just asking about shooting golf courses ... holes ... images of holes.


Mar 04, 2016 at 01:06 AM
gschlact
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p.1 #6 · p.1 #6 · Golf Course Pictures


Then it probably boils down to any implied contract and participation concent the course puts upon its entry. Look at the fine print for any restriction on photography.


Mar 04, 2016 at 08:55 AM
Joseph Garcin
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p.1 #7 · p.1 #7 · Golf Course Pictures


If you want to take pictures of a private club's course from the property of the course itself, you can with the permission of the owners. If you wish to sell those pictures, you need permission to sell them.

If you do not have permission, you will be on the wrong side of the law. You must talk to the club to see what their policy is.





Mar 04, 2016 at 09:20 AM
Michael White
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p.1 #8 · p.1 #8 · Golf Course Pictures


Best to check with a lawyer who specializes in photography rights cases. But I'm thinking if you do not show anything that is especially unique to that course that can be identified as that course only and not one of a hundred course you should be good from my limited research or get a property release from the course and then not worry about it.


Apr 12, 2016 at 08:57 PM





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