Photo Selling Legality

I was at a Motocross Track this weekend doing some shooting of a buddy of mine and I also got quite a few great shots of some other riders. I put an album up on my Facebook page and I got an email through my Website from someone asking if they could have access to the high res files of a few images and or if they were for sale. Does anyone know what the legality is regarding something like this ? My first thought is because I didn't have any riders sign release forms I'm not able to sell but I don't know for sure. Anyone ? Thanks !

Looks like it's a company that wants to put 1 or 2 images in their new catalog and possibly on their website -

alexxn wrote in post #17629937
Looks like it's a company that wants to put 1 or 2 images in their new catalog and possibly on their website -

Subscribed. I have an idea of how this should go but I'd like to see what someone who knows says.

My understanding is if you wanted to sell a Print - that is ok. If you sell the image to be used for a commercial purpose, then that is NOT ok without a model release.

ksbal wrote in post #17629988
My understanding is if you wanted to sell a Print - that is ok. If you sell the image to be used for a commercial purpose, then that is NOT ok without a model release.

Practically speaking, you're correct.

If you want to quibble over technicalities:
In the US, the Right of Publication laws vary by state, but the onus is on the publisher/user of the photo to have the model release. Without a model release, the photographer can still try to sell the image to be used in a commercial manner, but no advertiser/publisher will want it because they won't be able to display it.

For practicality's sake, the photographer usually gets the release from the model, and transfers it (along with the photo) to the advertiser/publisher.

Disclaimer: Not a lawyer

alexxn wrote in post #17629937
Looks like it's a company that wants to put 1 or 2 images in their new catalog and possibly on their website -

Does the company already have a working relationship with the rider(s) in the photo(s)? If so, they may not be too worried about the model release.

I have shot motorsports for many years, and have sold images to several sponsors / parts manufacturers / corporate entities, never with a model release. Granted, with cars, you're less likely to see the actual driver or 'talent' compared to the car, but that's almost even more of a liability since the automotive manufacturers are very protective of their IP (and most drivers are not). At any rate, you may want to add a disclaimer to the invoice or contract, but shouldn't be a show stopper.

nathancarter wrote in post #17630035
Practically speaking, you're correct.

If you want to quibble over technicalities:
In the US, the Right of Publication laws vary by state, but the onus is on the publisher/user of the photo to have the model release. Without a model release, the photographer can still try to sell the image to be used in a commercial manner, but no advertiser/publisher will want it because they won't be able to display it.

For practicality's sake, the photographer usually gets the release from the model, and transfers it (along with the photo) to the advertiser/publisher.

Disclaimer: Not a lawyer

I know in Canada at some locations/events, such as MX race tracks, the waiver you sign prior to racing has a clause in it that says participation in the event means you agree to be photographed and that photo can be used for any purpose, for an unlimited amount of time with no compensation to the person in the photo. I am not sure if that would cover you in the need of a model release but you can at least take a look at it.

+1 to what Nathan said.

the flying moose wrote in post #17630155
I know in Canada at some locations/events, such as MX race tracks, the waiver you sign prior to racing has a clause in it that says participation in the event means you agree to be photographed and that photo can be used for any purpose, for an unlimited amount of time with no compensation to the person in the photo. I am not sure if that would cover you in the need of a model release but you can at least take a look at it.

It will depend on the wording of any waver. Generally the waver is an agreement between the team/rider and the promoter and covers use of the image by the promoter (and possibly) event sponsors. It wouldn't be the norm for the waver to allow usage by any unrelated company or third party.

Dan Marchant wrote in post #17630192
+1 to what Nathan said.

It will depend on the wording of any waver. Generally the waver is an agreement between the team/rider and the promoter and covers use of the image by the promoter (and possibly) event sponsors. It wouldn't be the norm for the waver to allow usage by any unrelated company or third party.

So do you contact the promoter and ask for a copy of the waiver? Or how best do you go about finding out what the riders signed? Seems weird to ask the riders. I doubt the riders know what they signed anyway.

Yes the company has indicated that they work with the rider in some capacity.

Now I just need to get a price together per image -

Dan Marchant wrote in post #17630192
+1 to what Nathan said.

It will depend on the wording of any waver. Generally the waver is an agreement between the team/rider and the promoter and covers use of the image by the promoter (and possibly) event sponsors. It wouldn't be the norm for the waver to allow usage by any unrelated company or third party.

I have done some freelance work for a local paper and thats what I have come across, which is the only reason I suggested it which is by no means how everyone does it but just my personal experience.

Doesn't there need to be recognizable faces in the photograph to require a release? Or is a recognizable team uniform or number enough to require a release?

Info here:
https://asmp.org …tions-about-releases.html