What releases are needed for Motorsports, car show, SEMA etc?

[NeoTokyo]

Hello everyone;

I am going to offer motorsports photography on my website (www.CrainRacing.com) when it is completed and I wanted to know about releases on motorsports.

What kind of releases will I need for:
1.) Racing
2.) Race cars
3.) Drivers / Owners
4.) Crew
5.) Car shows / Show N Shines
6.) SEMA and other parts events
7.) Race tracks / parks / buildings
8.) Anything else I may have missed.

I know with people or pets or property you need a release, but how does it work in this area? Everything in Motorsports is recognizable to a crew, company or driver so how does that affect it.

If I do need releases how do I go about getting them? How much should I pay for them?

Also how do I draw up a release form? Is it as simple as "I Such N' Such Jr. release this image(s) to CrainRacing." Is there a template or pre-written form I can download/copy and use?

Thanks everyone

-Eric-

[rcg]

It depends on what you intend to do with the images.

Many racing series have certain restrictions on what you can and cannot do with the images. If you are receiving credentials from a venue or promoter they will most certainly have guidelines. Most often you could use the images for editorial or maybe even commercial use (leaving clearance up to the commercial user). The most restricted type is retail... you taking a photo of say Danica Patrick and then selling a print or digital file to another fan. You may need series, promoter, venue and team clearances to do that legally. DO people just just sell it? Yes but that is a quick route to a short career.

[NeoTokyo]

I would like to post my motorsports pictures and car show pictures on my site for sale. Terms of use will apply.

I want to do it all legally so that I dont have any problems from anything.

Is there a book that I can purchase that will explain everything I need to know about Motorsports photography?

What is the best way to sell images and under what terms?

[TCorzett]

Basically, you need a release from everything (Series, Track, Driver, EVERY Sponsor, etc.) for commercial sales (anything other than editorial). As for releases on fans, etc... most events have clauses in their ticket sales that automatically grant their release by attending the event (so you don't have to track down releases from the thousands of fans that may be in the background of a shot). Now, if the person/company you are selling to is involved with the team, they should be able to handle the releases required. I've found that once you get the OK from the series you should be good (as by participating in the event most of the people you'd need to get releases from are granting the series permission). For commercial sales to those who are not associated with the team/sponsors you will need to work a bit harder to get releases. I tend to deal with the releases after I have someone interested in buying an image... as getting permission for all images for any use would be really difficult (and potentially expensive).

So I'd say you should be OK displaying the images on your website for non-commercial purchases (basically editorial) without extra releases... however once someone wants to buy an image (for commercial usage) you need to work out what releases are needed for the purchase they want to make. Don't have each photo link directly to a printing site with a 'buy this shot for $$$' check-out sort of thing. If you are going to have a gallery of images for sale that is fine, but you have to handle commercial sale on a case-by-case basis.

As for non-professional level events... things get much more lax, but the same rules should apply. If you are shooting a show-and-shine or similar... posting a gallery with 'buy now' sort of abilities shouldn't be a problem (as it would be with say a NASCAR event). If your goal is to sell to the owners of the cars, you don't really need a release to sell a photo to the person who owns the car (by buying the image they grant you release to sell it to themselves). However, don't go and sell an image of a car to a company for an ad campaign without getting a release first.

Unfortunately, often times things aren't really clear... so you basically have to take things on a case-by-case basis. Having releases from everyone before a sale would be ideal... but getting a release from everyone without a guarantee of images selling is also a ton of work for no reward (imagine getting every car owner to sign a release at a show-and-shine just for the hopes of one of those images being sold for commercial use).

-Todd...

[amfoto1]

Yes, it mostly depends upon the intended usage if your photos.

First, you need permission to shoot at any venue. It's private property and you need the management's permission to come in and shoot for any commercial purposes. This is not so much a release, more of a permit. All venues will have different restrictions I'm sure, so talk with them and find out what hurdles you have to deal with. Watch out for "rights grabs", but be willing to work with them and support their efforts at marketing and promoting their venue. It can very much be a win/win situation.

Second, you say you want to sell the photos... The real question is to whom?

If you are simply selling reprints to the participants, it's very unlikely you'd need any releases from drivers, car owners or sponsors. You don't really need any releases just to publish the images on your website, either.

If you are selling to newspapers and magazines (for editorial usage), again it's highly unlikely you'd need releases from drivers, car owners or sponsors. Check with the publishers for their requirements, but it would be rare to need a release.

If you were displaying and selling limited edition prints made from the photos through a gallery or museum - i.e. "fine art" - this would be considered editorial in nature and, once again, does not require releases. I've read and heard various definitions of "limited edition", but I would guess you are probably safe up to 200 or 250 prints from any given image.

If you want to sell the photos for commercial applications such as advertising, posters, decorative products/memorabilia (t-shirts, mugs, mouse pads), etc. you will need releases as follows:

1. Driver: model release if recognizable (I'd count their name painted on the door or top of the car as "recognizable"). The release also might allow you to include their name in any text that may associated with the image.

2. Car: property release from the owner(s).

3. Some sort of release or written permission from each sponsor who's logo is on the car and recognizable in your image. Also take into account any recognizable logos in the background of any image, or on a driver's suit or helmet, not just on the car.

Commercial applications are what pay the most for images, by a wide margin.

What to pay for the releases? Well for purely speculative work, including what you shoot at actual track events, it is customary to offer a complimentary 8x10 image from the day's shoot.

On the other hand, it might be $1000+ per hour if you were hiring a car and driver for setup shots. This would more likely be associated with a commercial assignment, where you are passing along that expense to whoever hired you. Of course, if it's the driver or car owner who hired you, it might be $0... They might be paying you instead.

SEMA, car shows, etc. are another matter, but not really all that different.

The general rule of thumb is that it's better to get a release than to not get a release, especially if you aren't sure of future usage of an image. I try to look at it this way, it's just common courtesy to have permission to take someone's picture and/or a picture of their property, and further to have permission to use that image freely. Asking for the release is a great excuse to talk to people and find out more about them and their property.

Now, the "crowd shot" gets a little tricky. As Todd wrote, often venues notify the general public that photography is being done, that they might some day see their image published somewhere and that they agree to this by their act of entering the facility. It might be on the ticket stub, or a sign posted near each entrance, or both.

However, that hardly constitutes a release for some of the most commercial usages of images.

On the other hand, there is the matter of "undue burden", which is simply legal recognition, tested in court cases, that it's impossible for a photographer to get signed model releases from hordes of people in a photo's background, who are only marginally recognizable anyway.

Now, I'm not an attorney, and you might want to sit down with one to check on the advice you are getting here and learn more about these matters.

There are some books around you might want to pick up, too. One that comes to mind is "The Law, in Plain English, for Photographers".

[NeoTokyo]

Wow, thats great info you guys! Now I just need to stick it all together! lol

I will be shooting in California next year because I am moving back home to Sacramento this December. So maybe I can come with you guys some time to get a handle on things better. I will travel to where I need to go for other shoots out of the state of course, but first I need to learn as much as I can before I just go and do it.

I hate being a newb but I guess we all have to start somewhere

Now here is another idea that I had about organized car shows.
I wanted to set up a booth and the night while everyone is setting up go around and take pictures of the cars. I will then offer the prints from my portable printing equipment up to a 17xsize print for sale. I will offer a free 8x photo to the owners of the cars that I shoot as to try to soften up the release process.

If I list each one as a limited edition print of oh say 200 prints per photo then going by what you said that is editorial work and doesnt require a release? Now does that apply for each size of the print that I sell? Say 200 4x, 200 8x, 200 17x Though because I would be selling them in my own booth does that mean the limited edition rule doesnt apply?

If that wont work then what is a better way to be able to sell those prints?
Also could I sell those prints through my gallery on my website and still have the Limited edition editorial rule apply?

I will also grab that book here in the next couple of weeks.

Now as for the commercial use do you guys suppose that it would be best to have a check box to select what kind of use the photo will be for during the purchasing process? Is there a better way to govern how they use the picture? Also how do I protect myself with contracts or waivers?

[TCorzett]

Originally Posted by amfoto1

If you were displaying and selling limited edition prints made from the photos through a gallery or museum - i.e. "fine art" - this would be considered editorial in nature and, once again, does not require releases. I've read and heard various definitions of "limited edition", but I would guess you are probably safe up to 200 or 250 prints from any given image.

While 'fine art' is often OK (and there are several legal cases that support this), I would consider selling prints (even low-numbers) to be commercial usage. The 'art' is often times very difficult to prove. Maybe if it was a one-off large canvas print, or something like that, it would be OK... but just because you only make 1 or 2 copies doesn't make it 'Fine Art'. Another thing to remember, if you piss-off the people you are working with (ie a race series) by taking them to court to prove that it is 'art'... you are more than likely not going to be able to get access to future events (even if you are right).

Originally Posted by NeoTokyo

Now here is another idea that I had about organized car shows.
I wanted to set up a booth and the night while everyone is setting up go around and take pictures of the cars. I will then offer the prints from my portable printing equipment up to a 17xsize print for sale. I will offer a free 8x photo to the owners of the cars that I shoot as to try to soften up the release process.

I'd question the business sense of this... Who are you trying to sell the images to? I'm guessing that the main people who are going to be interested in the images are going to be the owners of the cars themselves. Most people don't go around buying photos of other people's cars... at least that I figure... unless it's a professional event (in which case you WILL need releases to make those print sales). If the car owners are the ones you will be trying to sell to... giving away prints isn't going to help your sales numbers at all.

Getting a release for an image doesn't make it sell... and giving away money (prints, etc.) just to get a release (prior to a commitment of sale) seems like a way to loose money in the long run. Getting owner info and talking with them about things is a great idea, but don't give away too much just to get a release that you may never use. Also, some owners may not want to give you a release to do whatever you want with the image (for much the same reasons you don't want to give unlimited usage of an image without appropriate compensation). If you owned a car and found out that it was used in a national ad campaign without your permission (specifically relating to that ad), how would you feel? How would you feel if you knew a photographer sold an image of your car for a thousand bucks and all you got was a print? One example of something like this and you may have a hard time getting any releases (remember, it's a small world out there).

Originally Posted by NeoTokyo

If I list each one as a limited edition print of oh say 200 prints per photo then going by what you said that is editorial work and doesnt require a release? Now does that apply for each size of the print that I sell? Say 200 4x, 200 8x, 200 17x Though because I would be selling them in my own booth does that mean the limited edition rule doesnt apply?

I would say that most prints are not 'fine art'... regardless of who sells them. 'Fine art' is the rare exception. Prints of cars would be just that... prints, and would fall under commercial sale. If you are selling to the car owners you will not need a release, but for professional motorsports you will need a release to make print sales.

Originally Posted by NeoTokyo

If that wont work then what is a better way to be able to sell those prints?
Also could I sell those prints through my gallery on my website and still have the Limited edition editorial rule apply?

Sales on your website would be OK if they were truly limited edition... but print sales like you are describing aren't going to be limited edition. You should be OK posting images on your website for sale to owners, etc. for non-professional events. For professional events you can post them online, but don't include sales information (just telling them that they need to contact you regarding usage, etc.).

Originally Posted by NeoTokyo

Now as for the commercial use do you guys suppose that it would be best to have a check box to select what kind of use the photo will be for during the purchasing process? Is there a better way to govern how they use the picture? Also how do I protect myself with contracts or waivers?

For selling image usage you basically just make a little statement describing how the image can be used. I wouldn't go as far to make a checklist or anything as most times the usage is very specific to the sale.

-Todd...

[NeoTokyo]

Good info again

As for the business sense of having a booth to sell the image prints at the car show, it seemed to work very well for a couple who just had a 4 or 5mp P&S making very grainy prints on average office paper.

They were at the street nationals last year and said they averaged a couple thousand over a weekend. The print prices started at $25 dollars.

Its looking more like I am going to offer images for sale for editorial purposes to avoid a lot of trouble and if someone wants it for commercial use I just track down all the recognizable entities from the photo and ask for a release.

I would still like to try to make the car show print booth idea work, I guess I would just try to get a release from each owner and for the ones that say no offer my personal services to them.

Lol I feel so sloppy with my questions, sorry guys

[Alexajlex]

Originally Posted by NeoTokyo

Good info again

As for the business sense of having a booth to sell the image prints at the car show, it seemed to work very well for a couple who just had a 4 or 5mp P&S making very grainy prints on average office paper.

They were at the street nationals last year and said they averaged a couple thousand over a weekend. The print prices started at $25 dollars.

Its looking more like I am going to offer images for sale for editorial purposes to avoid a lot of trouble and if someone wants it for commercial use I just track down all the recognizable entities from the photo and ask for a release.

I would still like to try to make the car show print booth idea work, I guess I would just try to get a release from each owner and for the ones that say no offer my personal services to them.

Lol I feel so sloppy with my questions, sorry guys

Can you clarify this a bit?

I know people that have traveling photo booth trailers and tents and setup at car shows (dragways and just plain concourse show only events).

They all just run them with no releases because the people that buy them are typically the car owners.

Is this what you are talking about when you said the people were using a PS camera.

By the way the people I know have Pro gear (1MKIINs, etc.)