Evolve Images would like to use some of my photos, but there's a "release" issue.

www.evolveimages.com is interested in using some of my images. Of course, I need to get them all the necessary releases, which for the most part isn't a problem, as they mostly interested in the images I have of bands. The issue however, is the hockey teams/players images I have. I have already contacted the league (USHL) and teams associated, but the league isn't getting back to me.

My question is this; if the league does not get back to me, is it legal for me to simply remove the logos, jersey names, and jersey numbers, and then allow Evolve Images to list them in their library? Just wondering your thoughts on the matter.

aepoc wrote in post #15348879
www.evolveimages.comI have already contacted the league (USHL) and teams associated, but the league isn't getting back to me.

This is one of those situation where you need to pick up the phone and talk to their licensing/legal dept.

You need to talk to a lawyer because there are numerous issues to be considered, including but not limited to....
1. Evolve images license images for commercial or editorial use. It is very unlikely that anyone would want the images for editorial use if you have stripped out all the identifying details.
2. Trademarks aren't the only issue. Commercial use (advertising) would require signed model releases from the people in the photo.
3. Your ability to commercially exploit the images will depend on any contract you may have entered into. If you are an accredited member of the media your agreement with the venue may contain restrictions. If you are a member of the public then the terms and conditions of entry (usually on the web site or back of the ticket) often have restrictions on commercial use. You could be sued for breach of contract if you sell the images in contravention of the t&c.

Only Evolve Images staff can give you an effective opinion. It doesn't matter what the lay says if their policy is different.

Evolve is a new company, one that I'd be more interested in finding out if there's actually image buyers who use the site - there pitch is the same exact as everyone else, except the fact other agencies have hundreds of thousands of clients and new companies do not. Not knowing anything about them, one off topic thing to look at here is finding out who they're selling to and how often.

As for your questions, you say bands are easy - not sure that's the case, why would any band sign a model release for you to sell their likeness commercially? If these are signed bands, i.e. a label or management involved, no way they would do this. USHL is an amateur league, these are players trying to get drafted or get into college, you can NOT get the league to sign over the players rights, they'd be ruining kids with the NCAA. Sorry but there is absolutely no way can do that.

This is why see a major problem with their easy three click licensing, good in theory but there's way too many laws, way too many restrictions out there you have to abide by, things can't always be easy because 99% of the time it's the photographer who is getting the short end of the stick.

Lots of good points here, thank you all for the comments. I'm going to have to find out a lot more about Evolve and how they do things, and speak with them some more regarding the details of everything. I figured the USHL was a long-shot, and everything does make sense that you said (MJPhotos24). In regards to the bands, there are not labels or management involved at this point.

Thanks again all.