Model release for sports???

Here is the situation. My kids are on a competitive tumbling and

trampoline team. I have been taking action pictures of all the kids

on the team throught the season. I want to make a cd to music and

offer it for sale at the end of the season. Kind of a year in

review, so the parents have a keepsake of the year. Do I need a

model release from everyone in each picture? These were public

competitions, and often I saw news reporters or tv crews there

also. I really don't think anyone will care, but I'd rather have

all my ducks in a row if you know what I mean.<div></div>

Even though this is a nice idea, in my view, "offer it for sale" constitutes commercial use of the participant's image and that use is not covered under the public "need to know" exception of the news media. To really get ALL your legal ducks in a row, consult with a lawyer in your state who specializes in intellectual property law to get the right answer. While you may be right in that maybe no one will care, if someone does, then you as photographer and the self-publisher of the CD is on the legal responsibility hook for it. So, if it were me, I'd make sure I've got a signed release from the parents of any kid who's under the age of 18, or the kids themselves if beyond that. You might even generate some pre-publication sales by getting the word out with the release. ;>) Mark

Have you considered what the "release" situation is with the team? The team (and you might recall) may already have a release for team uses. Maybe "the team" could provide the CD to the parents? Selling it becomes one of the sticky points of course and having releases would certainly remove the issues, and prevent any surprises from parents who don't want their kid included. Which I'd think we'd all agree is unlikely but not impossible. The other little pitfall is you mentioned music! Music has many similar/comparable licensing issues as do pictures. Your music would need clearance as well as the participants if selling, and maybe even if just copying and distributing, I'm not a big music maven so don't know just where things stand there but you can't just copy it any more than somebody could copy your pictures.

I'm already on the music issue. I have been scouring the internet for free royality free music. I have found a few songs that I can use, none that I am thrilled with though. So, if anyone knows of any sites that have free downloads of royality free music, please chime in!

I would do it a bit differently. I'd off them the CD or DVD in exchange for a signed model

release for the gymnast(s) in the shot --same deal to the coaches as well.

You can get lots of free royalty free music from my website, the Gilbert and Sullivan Archive.

 

http://diamond.boisestate.edu/gas/

The fact that you are selling the photos does not make their use a commercial use. Unless you're planning to include some advertising you haven't mentioned that uses the kids photos, this is plainly and simply an editorial use that you're contemplating -- a photographic record of events that occurred. "Commercial use" refers to certain forms of advertising, not to whether money is made.

 

Unfortunately, concern about kids, privacy and perverts has led to the adoption of some laws in some localities that purport to impose limits on this kind of activity. Those laws mostly violate the First Amendment, but you really don't want to have to litigate. So it's a good idea to find out if your state or town has tried that, and get some local advice if they have.

 

Beyond that, others have correctly pointed out that there are genuine copyright issues with putting music on a CD you intend to sell.

As far as news media goes, their purpose is not "commercial", it is "editorial". Editorial use is given higher status than commercial use, because its purpose is, I suppose, nobler - reporting newsworthy events to the population. Using a person's image from a sporting event in a TV news spot or newspaper article is permitted nearly across the board (or entirely - it's been a few years since my media law class). This is different than a private citizen using a person's image for personal profit.

 

I'm a journalist and even I'm finding the distinction difficult to explain!

Thanks everyone. I have talked to the owner of the gym, and she likes the idea. When the kids sign the papers to be on the team, there is a release for photography in there, so I am going to run it through the gym. The cd will from the gym, with photography by me. That way the releases are taken care of. I'll have to go through the pictures and either crop or blur the other people in them. She is also checking with the gym's lawyer to make sure everything is ok. Thanks!