Ownership and use of photos taken at a sporting event

[bob_p.__new_jersey_]

Yesterday, I attended a Yankee game and took a shot of two players that might

be of value to a sports-news source. From the stands, I photographed one

player blatantly disrespecting another (a relatively mild "dis" but it could

still negatively impact his reputation/endorsements, etc).

 

Even though I own the photo, I don't know if I can sell it, or give it to a

news source, post it on my web site, or even show it to anyone outside my

family.

 

I would appreciate your input.

 

Bob

[peterblaise]

.

 

What do you imagine is the problem?

[chris_s___hampton_roads_va]

it's not as if you were shooting through the window if the player's home --whatever occurred was in plain public view I'm guessing. If it's yours, it's yours... seems as if you could do any of the above!

[chris_s___hampton_roads_va]

oops--above should read "window OF the player's home..."

[kelly_flanigan1]

Many arenas and Majorleague teams have rules about shooting sports shots, the likeness of players is controlled. In some arenas they spout at a zillion words per minute over the speakers that any photos taken are owned by the league. Lets say you sell the image, and the team's image is now destroyed, will they let you sneak in a camera again? Baseball is tightly controlled, often on has to pay to hear a game over the internet, they want a cut. Kids sneak in and relay a private feed sometimes to a pirate website to skirt these rules. At one game series a chap I knew made a few thousand photo buttons and sold just a few before getting caught, which we told him would happen :) Some arenas have in the bowels of the fine print that they own an image shot during a game too,

[ramsesm]

Well - that is the proble... This is not public view. This is private property and these type of events are tipically copyright. They don't allow commercial photography unless accreditation. I would check that with the organization but most important - if its 2 days old it might be too old for a daily to care. Remember, its suposed to be news. So you have those two things to deal/combat when aproaching a paper. Chances are that the paper will tell you if they could use it or not so youi should talk to the photo editor either way.

 

Good luck.

 

http://www.terraoptica.com

[bob_p.__new_jersey_]

Thanks for your perspectives. Here is more info. The camera was approved by Yankee stadium security prior to entry, and I was not stopped once be any of the dozens of security people I passed during the 3-hour game.

 

Yankees.com provides the following guidance with regard to the use of cameras at the stadium, "CAMERAS & VIDEO EQUIPMENT

Single-frame and flash photography are allowed. Video cameras and hand-held video equipment are prohibited. Neither lighting nor camera support pods are permitted to be used by Guests at the Stadium. Camera equipment may not obstruct the view or path of travel of others. Fans are not allowed to reproduce or re-broadcast any film of Yankee games for commercial purposes without the written permission of the New York Yankees and Major League Baseball. All forms of video and motion-picture cameras are strictly prohibited."

 

The photos taken were neither "a film," as in motion picture, nor "on film" referring to the medium upon which they were produced. Do I need to contact the Yankees and or major league baseball before showing, publishing, or selling the photo?

 

Thanks again, Bob.

[ericreagan]

<a href="http://www.photoattorney.com/2005/09/rights-of-privacy-concerns-for.html">Photoattorney.com</a>

<p>

<i>

The fourth right of privacy is very different from the other three. It is the commercial appropriation of someone's name or likeness. It also is known as the right of publicity. It happens when someone uses the name or likeness of another without consent to gain some commercial benefit. It usually occurs when a photograph of a person in an advertisement with the person's permission. That is why model releases are so important. Permission is not required for editorial or newsworthy publications.</i>

[carl_auer2]

It really depends on the fine print. This fine print may not be available on line or at the stadium, but may be at the Yankee's main office. If there is info at the offices, to find out, call their main office and basically ask for the media relations person. Just let them know that you took a couple shots that you might be interested in submitting to a news source. Stress that the images if sold would be media use only and ask if there is a problem with that since you took the photos as a ticketed fan at the game. I would steer clear of telling them what the photos are of, and play it off as something that the newspaper may be interested in and you are hoping it is a lucky break or something on that order. Also, check your ticket back. It may tell you that the images taken are for personal use only.

 

As an example, at a Super Bowl, SI bought a couple photographers tickets so they could shoot from upper levels. These photographers still had their media credentials, but also tickets so they could sit in specific areas that were not zoned for media.

 

Best thing to do is ask the Yankees media person,

[Jerry_]

As noted above, you need to make contact with the New York Yankee organization. Then find a good lawyer. If, as you claim, the image puts a guy in bad light, you *film or digital image* have a problem that may/may not get legal attention. If it does, and you lose, you end up with a lot of court costs.

 

 

 

 

Good luck!

[craig_shearman1]

I spent 15 years with United Press International and other news organizations. You have to keep in mind that news works almost strictly on a same-day news cycle. If you shoot a picture at a game that starts at 1 p.m. (for example), you need to have it in the hands of whatever news organization you're trying to sell it to that same afternoon. One ball player getting in the face of another is no big deal but might be a shot the papers can use, especially if it was a big enough altercation that it got written about, but only if you get it to them the same day. The only way they could use it anytime later than the same day is if the story about the fight was big enough that it stayed in the news for multiple days. And this is assuming that they didn't get the shot themselves. (Or if the incident wasn't news at the time, but somebody makes an issue of it down the road someday.) It's also highly likely that they've already got a different angle of the same shot from their staff photographer who was at the game. There are multiple wire service and newspaper photographers at every major league game, especially a leading team like the Yankees, and they miss very little. Bottom line is this: if you've captured a truly newsworthy shot that the papers may be willing to pay for, peddle it to them immediately. Be honest and tell them you were there as a fan without credentials. If they buy it and publish it, they will deal with any complaints that the team might voice. At that point, the argument is between the Yankess and the AP, Daily News or whoever, not between the Yankees and you. Even within the private/quasi-private property of a sports arena, the rules for editorial are different than commercial use and the papers can publish pretty much what they want from whoever they can get it from. Just posting it on your web site is unlikely to ever be seen by the Yankees let alone raise any concerns. Selling posters of it or buttons, etc.,is clearly an unlicensed commercial use that probably would cause you problems.

[dj_soroka]

If you think that it can generate income, don't forget to file a copyright application.

 

At least your legal fees in DEFENSE of copyright will be covered, (provided you register the copyright within the allotted time).

 

Place a copyright notice on the photograph as well.