Legal Question . . .

[BayAreaPhotog]

I have seen photographers at various events who have their little nitch businesses set up. . . .at the dragstrip, softball tournaments, rodeo, etc. . . They take photos of all of the participants in hopes of selling photos to the participants, families, etc. . .

My question is whether this is legal or not. Are these events considered in public? At most of these events, you must pay to get in. Most of these photos are sold to the actual participants or their families and they are happy to have them, but just for the sake of argument, If someone saw a really cool picture of say, me in my dragster and wanted to buy it, does this photographer have the right to sell that photo of me to anybody? Any thoughts or advice to protect the photographer? Thanks.

[symes]

I have seen photographers at various events who have their little nitch businesses set up. . . .at the dragstrip, softball tournaments, rodeo, etc. . . They take photos of all of the participants in hopes of selling photos to the participants, families, etc. . .

My question is whether this is legal or not. Are these events considered in public? At most of these events, you must pay to get in. Most of these photos are sold to the actual participants or their families and they are happy to have them, but just for the sake of argument, If someone saw a really cool picture of say, me in my dragster and wanted to buy it, does this photographer have the right to sell that photo of me to anybody? Any thoughts or advice to protect the photographer? Thanks.

No he doesn't have the right...does it happen...yes all the time.

I refereed the Air Canada Cup, Canada's National Midget hockey Champtionship, the year a 14 year old by the name of Sidney Crosby was tearing it up and flying around 18 year old players...kids were lined up to buy a 20 dollar photo of him...and the photogs sold them to anyone who wanted to buy one...but without a release I am sure this was not legal...for editorial or personal use it is fine...otherwise no

[fslshooter]

In the USA, it depends on whether or not the event organizers legalize it. If the participants, or guardians, sign a release allowing photos of them to be sold and the photographers have a contract with the event organizers to sell such photos then it's legal. The release can be included in the event registration form that most event organizers use.

[subtle_spectre]

An excellent discussion of relevant law can be found here: http://www.danheller.com/model-release.html#1