Copyright Question

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Archive 2009 · Copyright Question

kbelgrave
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p.1 #1 · Copyright Question

Hello Sports Corner!

This is my first post! My name is Karin, and I have been admiring your work here (as well as in several other forums - especially "People" and "Wedding"...what a wealth of talent!) for some time now. I am a long-time equestrian and horse-sport enthusiast, and love to photograph horses in all states of work, competition and play. I am not a full-fledged pro (yet...) but I am enjoying learning as much as I can as I work toward that goal. I'll post photos soon, I promise!

In the meantime I actually have a question, if you would be so kind. I figure this is an appropriate question to post in Sports because of the nature of the shooting...but if it is better posted elsewhere, please let me know.

I have been hired to provide images for a company in the equine Animal Health industry, for their trade show displays and marketing pieces. They are primarily using head shots, photos of horses grazing, etc. that I took specifically for them (I have signed releases from the horse owners). But, the company has asked to also use several miscellaneous shots I took at horse races in the past year. I obviously own the copyright to the image itself, but are there copyright issues regarding the subject of the image? Do I need to have the subject sign a release before I can allow a third party to use the image (especially if the horse and rider are identifiable, like by saddle cloth number)?

Thank you, in advance for your advice!

Nov 12, 2009 at 03:59 PM

Carl Auer
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p.1 #2 · Copyright Question

Yes, you need a release, but what kind of release is the issue. In these races, were you shooting on a credential? If you were, I have seen a lot of credentials that will have in fine print on the back definition of what that credential can be used for. To be safe, identifiable or not, I could contact the event/race media relations people, and the owners and jockeys/riders and attempt to get releases. It will not be as bad as if it was a sport like major league baseball, but you might run into some issues. Basically, you own the copyright off of the images, but if you sell the image to be used commercially (not editorially) whether it be for a product or service, packaging or display, you need a release.

Nov 12, 2009 at 06:27 PM

kbelgrave
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p.1 #3 · Copyright Question

Thank you very much for the information. I was at the races as a spectator, not on a crediential...so there is no "fine print" to refer to in this case. I'd rather be safe than sorry. I will not allow the company to use any of my existing race images, and will research obtaining releases for future projects.

Thanks again!

Nov 12, 2009 at 07:29 PM

HorseRacing
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p.1 #4 · Copyright Question

Generally there is a contract with a Racetrack and the track photog they own all the rights commercially so I think you are out of luck. I doubt you would be given permission even if you approached both parties

Nov 13, 2009 at 07:48 PM

Carl Auer
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p.1 #5 · Copyright Question

Ok, as a spectator, your photos may be used for your personal use only. You can put them in a portfolio, up on your website (maybe), but not sell or use commercially.

Nov 13, 2009 at 08:25 PM

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