Release needed at auto events?

Do I need a release to sell an image of a car taken at a drag racing event? thanks

You will, in no particular order receive the following replies...
Yes, no, maybe, it depends, a discussion about what constitutes "commercial use", most likely someone will randomly throw in the phrase "what about fair use?" (without any understanding of what Fair Use really is and why it wouldn't apply) and then several posts clarifying why they think fair use will/wont apply. Someone will mention Copyright in relation to sponsors logos (when they really mean Trademark) and people will then have to correct them. There will be a discussion of the venues right to prevent you selling images and the validity or not of restrictions printed on tickets/displayed at an event. Lastly there will be a debate about model releases for people and for physical property and the fact that there is no law that requires the latter. At some point people will start repeating themselves and the thread will continue on for 8 more pages.

The correct answer to your question is No. You don't need a release to sell photographs.

A mod can probably just go ahead and close this thread now as its all been covered

I can only speak to what I know, which is this: the cars I shoot always belong to an organised club and ALL entry forms signed by the competitor include a release. I know this because I've checked.

I think we're done here.

LOL Dan, entertaining answer!

Solid first response.

The answer is maybe.

Depending on who sanctioned the event and maybe even the event's sponsors.

Dan Marchant wrote in post #16072242
You will, in no particular order receive the following replies...
Yes, no, maybe, it depends, a discussion about what constitutes "commercial use", most likely someone will randomly throw in the phrase "what about fair use?" (without any understanding of what Fair Use really is and why it wouldn't apply) and then several posts clarifying why they think fair use will/wont apply. Someone will mention Copyright in relation to sponsors logos (when they really mean Trademark) and people will then have to correct them. There will be a discussion of the venues right to prevent you selling images and the validity or not of restrictions printed on tickets/displayed at an event. Lastly there will be a debate about model releases for people and for physical property and the fact that there is no law that requires the latter. At some point people will start repeating themselves and the thread will continue on for 8 more pages.

The correct answer to your question is No. You don't need a release to sell photographs.

A mod can probably just go ahead and close this thread now as its all been covered

You can't prevent it... It must happen.

Dan Marchant wrote in post #16072242
You will, in no particular order receive the following replies...
Yes, no, maybe, it depends, a discussion about what constitutes "commercial use", most likely someone will randomly throw in the phrase "what about fair use?" (without any understanding of what Fair Use really is and why it wouldn't apply) and then several posts clarifying why they think fair use will/wont apply. Someone will mention Copyright in relation to sponsors logos (when they really mean Trademark) and people will then have to correct them. There will be a discussion of the venues right to prevent you selling images and the validity or not of restrictions printed on tickets/displayed at an event. Lastly there will be a debate about model releases for people and for physical property and the fact that there is no law that requires the latter. At some point people will start repeating themselves and the thread will continue on for 8 more pages.

The correct answer to your question is No. You don't need a release to sell photographs.

A mod can probably just go ahead and close this thread now as its all been covered

A big

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Dan Marchant wrote in post #16072242
You will, in no particular order receive the following replies...
Yes, no, maybe, it depends, a discussion about what constitutes "commercial use", most likely someone will randomly throw in the phrase "what about fair use?" (without any understanding of what Fair Use really is and why it wouldn't apply) and then several posts clarifying why they think fair use will/wont apply. Someone will mention Copyright in relation to sponsors logos (when they really mean Trademark) and people will then have to correct them. There will be a discussion of the venues right to prevent you selling images and the validity or not of restrictions printed on tickets/displayed at an event. Lastly there will be a debate about model releases for people and for physical property and the fact that there is no law that requires the latter. At some point people will start repeating themselves and the thread will continue on for 8 more pages.

The correct answer to your question is No. You don't need a release to sell photographs.

A mod can probably just go ahead and close this thread now as its all been covered

nice.. lol

evo5ive wrote in post #16072285
I can only speak to what I know, which is this: the cars I shoot always belong to an organised club and ALL entry forms signed by the competitor include a release. I know this because I've checked.

The OP should certainly check with the organisers to see if they have releases in place. They almost certainly do as they will want the right to use images for their own promotion. The problem for photographers is far more likely to be in the form of limitations placed on what they may do with their own images as a result of contractual agreements they enter into as part of the terms and conditions of entry to the event. Many venues now prohibit the selling of images taken at the venue as one of the conditions of entry and may sue for breach of contract if a photographer doesn't comply.

So, you take photos, own the copyright, may well be allowed to use them "for personal use" but may be contractually prohibited from selling them. [cue the discussion of the validity of such contracts as mentioned in my first post].

But what about the sponsors' copyright of their respective logos?
J/K.

Dan's great post not withstanding let's not forget the difference between a release and commercial rights. A release would be the individual person signing an agreement for the right to use their likeness.
Commercial rights are a different matter and in most professional racing they are owned by the sanctioning body not the track: NHRA, NASCAR, ALMS, Grand-Am, etc.
Usually the commercial rights have to be purchased from the sanctioning organization in order for you to be permitted to sell your photographs. A fee of several thousand dollars is not unheard of and that still doesn't cover merchandising like t-shirts or hats.

Dan Marchant wrote in post #16074393
The OP should certainly check with the organisers to see if they have releases in place. They almost certainly do as they will want the right to use images for their own promotion. The problem for photographers is far more likely to be in the form of limitations placed on what they may do with their own images as a result of contractual agreements they enter into as part of the terms and conditions of entry to the event. Many venues now prohibit the selling of images taken at the venue as one of the conditions of entry and may sue for breach of contract if a photographer doesn't comply.

So, you take photos, own the copyright, may well be allowed to use them "for personal use" but may be contractually prohibited from selling them. [cue the discussion of the validity of such contracts as mentioned in my first post].

Valid points. In my case the photos are all rally related, shot on (closed) public roads so no issues with venues. OP, your safest bet is to ask a question. The event organisers should be able to help you out.