rights to sell

[jerry_milroy]

<p>I am shooting my kids volleyball and soccer. I also take photos of the other team and let them know that they can see the photos on my smugmug site. I do this so others can get good shots of their kids (i do not make much at all on the photo). I have not had and issues yet. I am within my rights to take the phots and post them correct? Is there any thing i should be concerned with?</p>

[wes_d1]

<p>The short answer is there probably isn't too much to be concerned with.<br>

First, you have the right to take picture of people (and children) without consent in public places as long as they don't have a reasonable expectation of privacy (usually referring to people in bathrooms... lockerooms.. things like that). You also actually have the right to photograph people on private property without consent however you may be breaking trespassing laws and asked to leave. <br>

Remember that some sports leagues and schools on rent out private parks and can ban photography - and ask you not to take pictures or leave.</p>

<p>Selling the photographs is a slightly different subject - if you were say selling it to a art gallery no consent would be necessary.<br>

However, if you sell the images for commercial gain and an individuals face is recognizable a model release from the parent's guardian would be necessary to limit liability. <br>

How much you make off the photos are irrelevant unless of course you are being sued - then it could come into play.</p>

<p>Of course I am no lawyer so if you are very concerned speak with one in your area.</p>

 

[gulfbeach47]

<p>Check with the coach or someone in authority to be on the safe side. I have done it with local kids soccer teams a couple of times with no problems at all but I always get the ok from someone. The sales were not worth it for me but if nothing else it is good practice and can lead to other shoots. Sometimes the teams/association will have an agreement with an exclusive photographer. You will find out real quick if there is one:) Once you get the ok to shoot it certainly does not hurt to pass your business card around. Look for parents without their own camera or video. I have had folks come up and tell me who their kids were. If they do then ask if they would be interested in buying pix off your website if they liked any of the pix. I also use Smugmug which is a very easy way for folks to browse through photos and the kids can have a place to tell friends to see them in action.<br>

I covered a couple of S.E. Conference College Soccer Tournaments in the past and gave my card to the coaches, other college personal and some players after the game. Sold a couple of CDS to the colleges. I just sent them all the images (no post processing) for $100 or $150 plus sold a couple of shots on Smugmug.<br>

<strong>What ever happened with the D300 problems you were having?</strong> http://www.photo.net/nikon-camera-forum/00XK79</p>

[john_h.1]

<blockquote>

<p>if you sell the images for commercial gain and an individuals face is recognizable a model release from the parent's guardian would be necessary to limit liability.</p>

</blockquote>

<p>This is incorrect. There is no liability arising from merely selling an image of a recognizable person or their "face". Perhaps Wes is confusing commercial gain with so-called "commercial use" which is use in advertisements and/or endorsements. Failure to obtain permission for that kind of use is often known as misappropriation.</p>

[daverhaas]

<p>Jerry - </p>

<p>This has been covered a few times in the sports section. </p>

<p>Summary: </p>

<p>In most cases you have the right to take and sell photos of the kids playing sports to the parents / others. As pointed out above - if the team / league is renting the facility (which they likely are) they have the right to ban or limit photography, since it is a "private" event. </p>

<p>Check with the team / league as they may have a deal in place with another photographer. Typically if there is a deal in place - the other photographer is giving the team or league a "Rebate" on sales of the photos. If they do have such a deal in place - they may ask that you not sell photos of the event. </p>

<p>If they don't have a deal in place already - great - no worries - get a deal so you can get better access. </p>

<p>The gray area is on the enforcement of the request not to sell photos that you take in the case of the league having a deal in place. </p>

<p>Dave</p>

 

[jerry_milroy]

<p>Thank you all. I am sorry about the repeat topic. I tried doing a search and i could not find what i was looking for. Sorry again for the repeat.</p>