Event Photography

[tim_coffey2]

I am considering starting in event photography. Primarily county youth league sports to start with. Here is my

question: If I shoot a baseball game and offer those photos for sale on the web is that considered "commercial

use" of someone's image? Would I have to get a release from each parent on the team? Or does "commercial use"

simply mean portraying them advertising or endorsing a product? Am I safe shooting the game without any releases

and then giving the web address to parents and spectators to inspect and purchase my photos? Thanks in advance

for your time to reply.

 

Tim

[fullmetalphotograper]

Tim, I can give you the Napster answer, everyone is doing it so it is okay or should be Okay. The answer pre Napster

would as soon as you start selling an image to the general public for anything other than editorial is consider commercial.

 

Undoubtedly some will post a website, or web based lawyer that will say different, but I will give you the answer I was

given when I had this conversation as the webmaster for a chain of eight Newspapers for Lee Enterprises with the

corporate lawyers. I was dragged into this conversation because I was a photojournalist, I had done commercial work and

I was then the webmaster. Newspapers shoot thousands of images that do not make the paper so they started selling

these excess images online to generate revenue.

 

There is no case law at this point for this. The lawyers were hoping that they could define selling images on the web as

1st amendment and editorial, but they had very little confidence in it. The lawyers said sell photographs but not calenders,

posters, coffee cups and keep sakes with the images, and what ever you do don't images of famous people.

 

I have shoot the NFL, NHL, MLB, NBA and college sports all I could use those images for was editorial without a licensing

agreement. I know that some High Schools in the midwest are now attempting to block the selling of images online. So far

it looks like law is siding with them.

 

So what does this mean. Simply to make sure you have access to the events and cover your butt legally you need to

negotiate with organizations holding the events before you start shooting.

 

You need is blanket release in which the parents sign that say that in order for their kids to participate in the event they

agree to allow to have their child's images to be captured and sold. That is why you need to negotiate with the

organizations.

[alan_myers]

Hi Tim,

 

For the uses you describe, you don't need releases.

 

There may be simple photo releases in effect, anyway. What Ralph wrote is generally true.. Many event organizers include a paragraph about photography in the waiver form their participants (or participants parents) are required to sign. Usually, but not always.

 

Even if there's not something on the waiver (and an audience member - for example - wouldn't be signing one and might end up recognizable in a shot or two), there's at least tacit permission because cameras are in use everywhere at these sorts of events and the sale of images to participants is common and expected practice. Anyone who objected to having their image used could simply leave. By staying, in a sense they are giving permission.

 

But, even if the participant's waiver includes that clause, you would still need a more complete and proper model release if you took it to another level, such as selling some of the images for commercial stock usages, or making large volume poster runs and selling those to the general public, as well as the advertising and endorsement issues you mention.

 

I'm not a lawyer, but the type of shooting you intend to do (and I do) also isn't editorial usage, such as Ralph described either. The photos a newspaper sells via the wire services or as editorial stock generally don't require a release (but there are some exceptions).

 

I suggest you pick up some books on the matter and educate yourself about privacy laws. "The Law, In Plain English, for Photographers" is a good place to start and covers a lot of other important areas as well. Dan Heller's website also has some good discussion, including a few hypothetical situations where even for editorial usage a photog would be wise to get a release.

 

Even when you are in the right, you can still be sued and that can be expensive. So it's really all about minimizing your risk. But some always remains.

[sarah_fox]

You might consider making those photos viewable only with a password that you provide the parents. Then take them down after a reasonable period. I think you're on reasonably solid ground anyway, but parents can get really ruffled about their children's pics appearing on the Internet. Assuring them of reasonable privacy would just be good business practice.

[jim mucklin]

Tim, trust me, contact a lawyer in your area. I was given permission to do a shoot for a small private school buy the owner, parents wanted me to come. I was informed by two parents that if I took one photo of their child or posted one image on the net. I would find myself in court. Make sure you have a model release of each child and something in writing from the event/school. It's sad but since the pervs, parents freak. I have a friend who's son plays on a league and they have all know each other for years and she doesn't have a problem.