Is This Legal!!!

[clark220grit]

I take sports action shots of local school team players and offer them for sale on my website.

Can a person who's image I am displaying challenge me legally?

Do I need to get signed permission from every single person before I upload their image?

Are there any other legal issues that I should be prepared for?

Thanks,
Clark

[coreypolis]

technically you should get a model release if you are getting paid for it. newspapers and what not get away with it as the photo is for educational purposes.

I doubt anyone would challenge you legally, and the first step is cease and desist, just to take it down.

I hope you have a business liscense, way of taking in and reporting taxes and insurance

[Steve Parr]

I take sports action shots of local school team players and offer them for sale on my website.

Can a person who's image I am displaying challenge me legally?

I believe the short answer is "Yes".

Do I need to get signed permission from every single person before I upload their image?

No, you don't need one to upload the image. I upload hundreds of shots of people who I don't have model releases for. Then again, I don't sell photos on my website.

If you're selling a photo of someone, and they have not given you permission to do so, you could be in for legal wranglings of some degree...

[clark220grit]

OK...that's what I thought. Getting a model release is almost unrealistic when photographing team sports like football. You could get the player you are focusing in on to sign off but what about those other 5 or 8 that will be seen in the background? Even with a suttle "bokeh" you will still be able to identify others most of the time.

Yes...I have business liscense and do report taxes but don't take taxes on-line. Is this something that I should be doing?

Thanks,
Clark

[Mark_Cohran]

You can be sued for anything - whether the suit is successful or not is another story. If you are using someone's image for profit, then legally and ethically you should obtain a signed model release (there are general exceptions to this for the "famous", but it doesn't sound like any of the people in your shots fall into this category).

The ASMP Professional Business Practices in Photography 5th edition (pg 247) states that the purpose of a model release is to protect the photographer against an invasion-of-privacy lawsuit, and that generally these actions arise when an image is used without authorization for the purposes of "trade or advertising."

You should always get a release if you're selling or advertising with a photo. That's just the right thing to do. If the photo is for editorial or non-commercial work then it's more of a gray area, but the release does protect you.

Mark

[nancypics]

From what I understand (in Canada, anyway) if it's for editorial purposes (i.e. the relaying of information, such as a newspaper article), no release is required, but if it's for advertising purposes, then you can be sued with no release. I'd check into the laws in your area just to be safe.

[coreypolis]

if you read up a bit, you'll find that technically if there are 6 or more people and no one is the main subject you are ok. but that probably isn't the case very often. the other options is to approach the teams before hand and tell them what you're doing, have them sign a contract that is effective this date till the end of the season, (and this point is crucial) give them something (like a 4x6). without compensation, the contrct can be thrown out

[nancypics]

newspapers and what not get away with it as the photo is for educational purposes.



Exactly - that's referred to as editorial. It's the only category that I know of where no release is required (but then again I'm not a lawyer so who knows - maybe there are other situations where you wouldn't need a release as well).

[nancypics]

without compensation, the contrct can be thrown out

Yup... that's called "consideration" and that's what makes it binding:

"Consideration is the legal term for payment for property, services, or the surrender of legal right" (Legal Handbook for Photographers, Bert P. Krages)

[clark220grit]

I have signatures of all athlete's from the school that I am photographing with the exception of a couple of kids. (There parents are probably FREAKS) But the players from the other team will be in pics. Getting each individual from the opposing team to stand in line to sign a release before the game just isn't realistic.

[Mark_Cohran]

It's a matter of risk. There isn't a law that states you have to get releases from everyone in the photo. It only becomes as issue if someone in the photo complains or attempts to sue you. You have to judge the risk yourself and act accordingly.

Mark

[Curtis N]

I have signatures of all athlete's from the school that I am photographing with the exception of a couple of kids.If they are under 18 years old then this may not be good enough. A parent/guardian signature might be required on a model release.

If you are truly concerned about these issues, perhaps you should consult an attorney who knows the laws in your particular location. This is a world-wide forum and you have given us no clue as to where you want to do business.

[coreypolis]

If they are under 18 years old then this may not be good enough. A parent/guardian signature might be required on a model release.

If you are truly concerned about these issues, perhaps you should consult an attorney.

it isn't good enough, and its a rough area. not only do you need the parents signatures, but once they turn 18 they can legally void the contract themselves

[clark220grit]

Thanks to everyone...very useful information.

Clark