Yankee stadium photo

Greetings All-

 

I have a pretty nice shot of Yankee stadium taken with a 17 mm lens and Fuji Provia. Anyway, I have been selling

these for a few months now and was told by someone that I can't sell Yankee Stadium photos. Now I know I can't

sell images of pro atheletes, but is it true that I cannot sell Yankee Stadium photos?

 

Thanks-

 

Jim

Probably not. Was that "somone" the Yankees or MLB and did they give a legitimate reason? (Which even the Yankees or MLB might over-state.) I doubt there is any "copyright" issue,notwithstanding the external signage or logos but that would be a stretch. Logos, etc., may also be a trademark. Some groups are very vigorous in enforcing trademark concerns. Again, if it's not the trademark owner, I wouldn't be all that concerned.

 

If that someone was the Yankees organization, MLB or "someone" with a real interest or intellectual property right involved, then you might want to give it more serious consideration and examine the issues they present.

If it was shot inside, you probably needed permission to take the photo in the first place and would need a release to sell it for any commercial purpose. You might not need permission to sell the photo for editorial usage.

 

If shot from the outside, from public right of way, you can sell it for editorial usage pretty freely as far as I know. Commercial usage would be more restrictive and might require permission.

I am pretty sure that photographs of easily recognizable, landmark type buildings are not allowed to be sold.... i found an article that sums it up:

http://www.associatedcontent.com/article/655177/legal_issues_selling_or_using_stock.html

If, as is planned, Yankee Stadium is to be torn down, the legal question would likely be moot (not legal or legal.) The sale of a print to a person wanting a souviner of the stadium would likely be below the radar of management of the New York Yankees. If you were to set up a photo-for-sale stand on the corner of the new stadium next year, you may have a concern, but you could just find a local lawyer and see if he or she has more insight on this type of queston.

Under US copyright law the copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place - as was Yankee Stadium

 

Even if a building is trademarked, and some are, restrictions in trademark law would hinge on issues of confusion or dilution of the trademark and not simply on the sale of pictures that might happen to contain the trademark.

Jim,

 

One little wrinkle I didn't see mentioned here. I'm no lawyer, but ... If you were inside the stadium and bought a ticket to get inside, remember that the "ticket" is actually a license. The license details might prevent you from profiting from use of the license. Such disclaimers, I would guess, would be printed on the face of the ticket in very tiny type.

 

Will

Very tiny type is an understatement! I tried to read the back of a Yankee ticket last year while attending a

game. The font size was -2 and they threw every disclaimer under the stars in the back. Basically....it was my

fault for being there...all my fault. Even if it wasn't my fault, blame will still be assigned to me. =)

 

Dave

Free country, heh...? It just shows that in reality you can do...nothing. As a side issue - if everyone is in debt, then who owns the world ? And if someone does - where does that leave you ? Getting ready for ID chips ?

 

And please - let's not mix law into it. Law is subject to changes - usually to your disadvantage. If the law makes it illegal to challenge the law - then you are screwed, methinks. At the very least, the law makes challenging the law prohibitively expensive - which works just as well.

Welcome to the brave new world.

 

The new slave era is coming. Except this time it will last.