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Legal Questions around shooting surfing, skateboarding
  
 
dorian
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p.1 #1 · p.1 #1 · Legal Questions around shooting surfing, skateboarding


Hi FMers

What potential legal issues are there with shooting recreational surfing, skateboarding, and the like? If I take pictures of someone and he/she wants to purchase them from me, that seems pretty straightforward. However, I am curious what sorts of issues might arise if I want to post those images on other sites as promotion. Do I need to have people sign waivers to use images of them beyond selling directly to them? Coming from a bird/nature background where they are zero issues with distributing pictures of my subjects, I am just trying to get a basic handle on what sorts of issues might arise when I start dealing with people. Any advice, no matter how seemingly obvious, would be greatly appreciated.

Thank you very much for any help/advice you can provide!

Cheers

Dorian Anderson



May 28, 2017 at 03:27 PM
rw11
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p.1 #2 · p.1 #2 · Legal Questions around shooting surfing, skateboarding


only if they are famous

maybe if it is a CU of someone - are they surfing or in CU?



May 28, 2017 at 05:59 PM
RussHons
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p.1 #3 · p.1 #3 · Legal Questions around shooting surfing, skateboarding


dorian wrote:
Hi FMers

What potential legal issues are there with shooting recreational surfing, skateboarding, and the like? If I take pictures of someone and he/she wants to purchase them from me, that seems pretty straightforward. However, I am curious what sorts of issues might arise if I want to post those images on other sites as promotion. Do I need to have people sign waivers to use images of them beyond selling directly to them? Coming from a bird/nature background where they are zero issues with distributing pictures of my subjects, I am just trying to get a basic handle on what
...Show more

You are good to go posting or showing them in a portfolio, but you can't use them commercially without a release. I was just shooting surfers earlier this month.


Edited on May 30, 2017 at 12:15 AM · View previous versions



May 29, 2017 at 02:27 AM
RussHons
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p.1 #4 · p.1 #4 · Legal Questions around shooting surfing, skateboarding


dorian wrote:
Hi FMers

What potential legal issues are there with shooting recreational surfing, skateboarding, and the like? If I take pictures of someone and he/she wants to purchase them from me, that seems pretty straightforward. However, I am curious what sorts of issues might arise if I want to post those images on other sites as promotion. Do I need to have people sign waivers to use images of them beyond selling directly to them? Coming from a bird/nature background where they are zero issues with distributing pictures of my subjects, I am just trying to get a basic handle on what
...Show more

You are good to go posting or showing them in a portfolio, but you can't use them commercially without a release. I was just shooting surfers earlier this month.


Edited on May 30, 2017 at 12:15 AM · View previous versions



May 29, 2017 at 02:27 AM
RussHons
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p.1 #5 · p.1 #5 · Legal Questions around shooting surfing, skateboarding


dorian wrote:
Hi FMers

What potential legal issues are there with shooting recreational surfing, skateboarding, and the like? If I take pictures of someone and he/she wants to purchase them from me, that seems pretty straightforward. However, I am curious what sorts of issues might arise if I want to post those images on other sites as promotion. Do I need to have people sign waivers to use images of them beyond selling directly to them? Coming from a bird/nature background where they are zero issues with distributing pictures of my subjects, I am just trying to get a basic handle on what
...Show more

As long as you are just using it to post, or in your portfolio you are fine. You just can't use or license it for commercial use without getting a release.





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May 29, 2017 at 02:32 AM
CW100
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p.1 #6 · p.1 #6 · Legal Questions around shooting surfing, skateboarding


I agree, no problems posting surfing pics

Untitled by PhotosCW, on Flickr



May 29, 2017 at 11:42 AM
rw11
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p.1 #7 · p.1 #7 · Legal Questions around shooting surfing, skateboarding


actually... you could get into trouble if the subject in the photo is identifiable

more likely if famous

depends on where too



May 29, 2017 at 06:38 PM
martines34
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p.1 #8 · p.1 #8 · Legal Questions around shooting surfing, skateboarding


Get yourself a copy of their book:

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A series of ten free webinars jointly produced by the American Society of Media Photographers (ASMP) and Copyright Clearance Center (CCC) to educate creators and users on copyright, licensing and monetization of content. The series will open an honest dialogue about conflicting pressures for both content creators and users: while exploring a variety of mutually beneficial suggestions and solutions.

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May 29, 2017 at 07:21 PM
RussHons
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p.1 #9 · p.1 #9 · Legal Questions around shooting surfing, skateboarding


Only if you are trying to sell the rights for commercial use.

rw11 wrote:
actually... you could get into trouble if the subject in the photo is identifiable

more likely if famous

depends on where too




May 29, 2017 at 08:10 PM
CW100
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p.1 #10 · p.1 #10 · Legal Questions around shooting surfing, skateboarding


rw11 wrote:
actually... you could get into trouble if the subject in the photo is identifiable

more likely if famous

depends on where too


I would also say ....... actually NO

I've been posting 'identifiable' surfing pics for at least 10 years, they haven't arrested me yet !

Untitled by c w, on Flickr





May 29, 2017 at 10:17 PM
 

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RussHons
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p.1 #11 · p.1 #11 · Legal Questions around shooting surfing, skateboarding


rw11 wrote:
actually... you could get into trouble if the subject in the photo is identifiable

more likely if famous

depends on where too


Not here in the USA. If they are out in public you can photograph them. What you can't do is use the image for commercial purposes without a release. But you certainly can display it, use it in portfolios, use it for editorial use, etc.



May 30, 2017 at 12:14 AM
dorian
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p.1 #12 · p.1 #12 · Legal Questions around shooting surfing, skateboarding


OK, this really helps a lot guys, thanks!




May 30, 2017 at 01:51 AM
rw11
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p.1 #13 · p.1 #13 · Legal Questions around shooting surfing, skateboarding


No, you can have problems just by displaying an identifiable photo of someone (or a special car, etc.) whether it was taken in a public place or not - in the US

it is not very likely but that is a risk question



May 30, 2017 at 04:09 AM
RussHons
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p.1 #14 · p.1 #14 · Legal Questions around shooting surfing, skateboarding


Please explain what kind of trouble? And how you arrive at your opinion? If this was the case, street photographers, as well as many others wouldn't be able to do what they do.


May 30, 2017 at 04:12 AM
rw11
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p.1 #15 · p.1 #15 · Legal Questions around shooting surfing, skateboarding


some or all states recognize various torts that protect people or things; usually this will only apply to the famous as no one else will bother - remember they don't have to win the lawsuit, just ruin you

search this site for more on a famous car

street photogs get away with a lot, and not all publish

worse, there are areas (e.g. TX where sea water over private land can be used by the public for boating or surfing but a photog would not be on public property when taking the photo

an IP attorney in the state you work in should be consulted to minimize your risk - no, it is not cheap



May 30, 2017 at 06:17 AM
CW100
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p.1 #16 · p.1 #16 · Legal Questions around shooting surfing, skateboarding


rw11 wrote:
some or all states recognize various torts that protect people or things; usually this will only apply to the famous as no one else will bother - remember they don't have to win the lawsuit, just ruin you

search this site for more on a famous car

street photogs get away with a lot, and not all publish
worse, there are areas (e.g. TX where sea water over private land can be used by the public for boating or surfing but a photog would not be on public property when taking the photo
an IP attorney in the state you work in should be
...Show more

so, don't take photos of famous people (isn't that how paparazzi photographers make money?
and be careful on boats over private land, and hire an expensive IP attorney before you take pics ..... got it




May 30, 2017 at 05:39 PM
RussHons
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p.1 #17 · p.1 #17 · Legal Questions around shooting surfing, skateboarding


rw11 wrote:
some or all states recognize various torts that protect people or things; usually this will only apply to the famous as no one else will bother - remember they don't have to win the lawsuit, just ruin you

search this site for more on a famous car

street photogs get away with a lot, and not all publish

worse, there are areas (e.g. TX where sea water over private land can be used by the public for boating or surfing but a photog would not be on public property when taking the photo

an IP attorney in the state you work in should be
...Show more

Yes anyone can be sued any time, but if you are sued for a frivolous reason (like taking a photograph in a public place), you can also counter sue for your costs to defend it.

The "famous" actually have even LESS expectation of privacy.

Basically anyone can take a photograph of anyone, as long as 1) you the photog are in a place you are legally allowed to be on/in, (public street, beach, etc.), and 2) the person you photograph is in a public location, or location where there is not a reasonable expectation of privacy. (there may obviously be some minute exceptions, but this is meant to be an "in general" response to the OP.

The issue then comes down to "What can I do with those photos?" You can use the photos for personal or editorial use. Print and hang in your home, show in your portfolio, etc. What you cannot do is license them for commercial use (without getting a release from the IDENTIFIABLE person(s) in them).

I could continue about some pitfalls you may want to avoid, like the guy last summer that sat at a public swimming pool taking photos of the swimmers (children) and then ran when approached. He was crucified in social media, because of the way he responded. There are many other things to watch for and ways to act when taking photos in/of the public, but that's another post.



May 30, 2017 at 06:29 PM
tntcorp
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p.1 #18 · p.1 #18 · Legal Questions around shooting surfing, skateboarding


i only post images of people on web if the subject is ok with it. otherwise, i would delete and move on to the next subject, which are plenty.

however in this days of selfies and social media explosions, everyone loves to be photographed.... :-)

so, i would suggest, shoot, ask, then post... :')



May 30, 2017 at 08:54 PM
Littleguy
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p.1 #19 · p.1 #19 · Legal Questions around shooting surfing, skateboarding


2 Major areas to look out for:

1) Copyright law - most photographers already know about this - US federal law, so same across the states.

2) Rights of Publicity and Privacy - this is where the model release and commerical use comes into play - oh yeah - its not federal law, its state law so every state is different.

The other area of concern - I have never found a legal definition of commerical use - its all case law. So it changes from time to time. Some people argue that having it on your website is commerical use because your website is promoting / endorsing your photography business. Or if you stick a watermark on your photo - you are now using that image to endorsing / promoting your photography business? I don't have a clear cut answer on what is or isn't commerical use but that's the link to the subject's right of Publicity rights that may or may not be in place in your state. But then, what state law governs you when your website is hosted in another state or even in another country from where you live?

Here are the basics I found about rights of Publicity and Privacy
http://www.publicdomainsherpa.com/rights-of-publicity-and-privacy.html








May 31, 2017 at 05:50 PM
rw11
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p.1 #20 · p.1 #20 · Legal Questions around shooting surfing, skateboarding


Russ, You have a lot of mistakes above. Consult an IP attorney before posting any images is my advice to you.


May 31, 2017 at 07:45 PM
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