Reading mode: Light Dark

Legal question for the group

Go to last post
M

Marcus Valdes

Well-known member
Messages
127
Reaction score
0
Location
Atlanta, GA, US
I went to the tour de France last week and have some great shots of Lance Armstrong. Is it legal for me to sell poster prints of him on a forum such as eBay, or does he retain rights for images of himself? I was told that as long as the pictures were taken in a public place, I was safe.

What's the real story here? And I am in the United States as well.

Thanks in advance,

--
Marcus Valdes
[email protected]
 
Marcus Valdes said:
I went to the tour de France last week and have some great shots of
Lance Armstrong. Is it legal for me to sell poster prints of him
on a forum such as eBay, or does he retain rights for images of
himself? I was told that as long as the pictures were taken in a
public place, I was safe.

What's the real story here? And I am in the United States as well.

Thanks in advance,
Click to expand...
My advice should NOT replace actual legal advice from a practicing experienced attorny, however I am of the opinion you need his permission to profit from his photo. You do NOT need his permison to use his photo for non-profit purposes since it was in a public place.

Regards,
Jim K

--
Every Camera Has Short Comings,
some camera's fall short of coming!
 
Jim's advice is good - don't let anyones opinion in this forum set your course of action - however...

Because it was both a public event as well as a publicly accessible location from where you took the pictures - I believe you are free to sell these pictures as "Works of Art" for your personal benefit.

Lance's celebrity status, and the event in which he participated in clearly indicates no expectation of privacy - and in fact suggests the opposite (an expectation of publicity).

The images you captured are yours to sell for a profit as "Works of art" only. You may not use his image (even though they are in your photographs) to endorse or promote a product or cause without his permission. It is up to you to protect yourself by assureing that any buyer

indemnifies you against any claims Lance makes against improper usage of the photograph. See a lawyer - it's mostly boilerplate text...

Des
Jim K said:
Marcus Valdes said:
I went to the tour de France last week and have some great shots of
Lance Armstrong. Is it legal for me to sell poster prints of him
on a forum such as eBay, or does he retain rights for images of
himself? I was told that as long as the pictures were taken in a
public place, I was safe.

What's the real story here? And I am in the United States as well.

Thanks in advance,
Click to expand...
My advice should NOT replace actual legal advice from a practicing
experienced attorny, however I am of the opinion you need his
permission to profit from his photo. You do NOT need his permison
to use his photo for non-profit purposes since it was in a public
place.

Regards,
Jim K

--
Every Camera Has Short Comings,
some camera's fall short of coming!
Click to expand...
 
I would agree with Dan as when I attend a motor race and take a pic of a driver or the car, I can sell these images to people for use as art without having to get permission from the driver.

If it were to be used to sell a product or to say that the driver enorses something that would be entirely different.

Basically you took the photo and made the image, that image is your property.

--
Jim Sykes
http://www.motorsportvortex.com
 
Hey – if this was not the case – where would all photo journalists and papparazzis be?

Leifilund
Jim Sykes said:
I would agree with Dan as when I attend a motor race and take a pic
of a driver or the car, I can sell these images to people for use
as art without having to get permission from the driver.

If it were to be used to sell a product or to say that the driver
enorses something that would be entirely different.

Basically you took the photo and made the image, that image is your
property.

--
Jim Sykes
http://www.motorsportvortex.com
Click to expand...
 
leifilund said:
Hey – if this was not the case – where would all photo journalists
and papparazzis be?
Click to expand...
Well photo journalists report news. New is always an exception. However Dan may be correct if it is sold as art, and not as an official endorsment for a product or such. I've never doubted you could not use pictures taken in public for your own private use or for art or non profit things. I simply assumed if you used a person, any person, for a profit you would need that person's permission. I seem to recall a case where a photographer got verbal ok to photograph a well known person, and after the person died, the family was able to stop the photographer from using the photo's any more. Any way, I'm no attorny, and it would still be a good idea to get legal advice from legal counsel : )

Regards,
Jim K
--
Every Camera Has Short Comings,
some camera's fall short of coming!
 
Good rule of thumb is for news and educational puposes all is good and you usually need no release. Everything else is up to lawyer interperatation.
--
James
 
Marcus,

I envy your trip! Must have been exciting.

As to the photo's. I'd sell them, but be very aware that you are on thin ice. Civil Laws seem to be more to do about who has money vs. what is really right/fair, or even written in law.

If any of the massive sponsors who own team postal contact you, I would back down fast, and maybe offer up part of the profits if necessary. Or ask if they are interested in some of your photo's!!

The bottom line is that unless you have deep pockets and a good lawyer, even if you are in the right, big firms can destroy most individuals. One reason National Inquire and such get away with publishing outragous junk is that they 1) call it news, and 2) are as big or bigger than the people seeking to take them to court.

Chances are no one will ever bother you if you sell your own work on ebay from a sporting event like tour de France....

BTW, I'm no lawyer, so this is MO not legal advice.

Ron
Marcus Valdes said:
I went to the tour de France last week and have some great shots of
Lance Armstrong. Is it legal for me to sell poster prints of him
on a forum such as eBay, or does he retain rights for images of
himself? I was told that as long as the pictures were taken in a
public place, I was safe.

What's the real story here? And I am in the United States as well.

Thanks in advance,

--
Marcus Valdes
[email protected]
Click to expand...
 
I agree with all the above posters - I would use the image, but do so knowing that you could get sued.

Personally, I don't think it is likely, but this is just opinion.

Another angle though - say Lance was wearing a jersee with a CocaCola logo on it (I can't help but think of Nacar cars). Could you sell the image as a poster for profit when you were selling, at least in past, the CocaCola logo.

Point of fact - the CocaCola logo is one of the most vigorously guarded pieces of intellectual property on the planet.

Thoughts?

BUDMEDIC
--
Just another shooter . . .
 
Well I decided to heck with it and placed it on eBay. It's been bid on for ten bucks so far! I figure if someone really wants to come after me, what the heck, I'll give them the money I made if they need it that bad. I guess in life you've got to take a little risk.

Marcus Valdes
[email protected]
 
Photojournalists enjoy a freer hand in the publication of their work (this goes for full time and free-lance) provided the subject matter of their photograph is deemed newsworthy. Newsworthyness is not at the sole discretion of the photographer or publisher and there are some landmark suits that have eroded this shield because the subject of a photograph was not interpreted by the court as newsworthy. Sometimes the line is too fine - such as: Is it an invasion of privacy to take pictures of a naked woman escaping from a burning building?
Remember - good taste doesn't enter into it.

This is a case where the newsworthyness of the image may be interpretted by the court as outwieghing the womans expectation of privacy to private areas of her body. Chances are the court would side with the photogrpaher/publisher - but not after a long and expensive legal battle.

Even to claim this kind of photograph as a work of art would, no doubt, invite expensive litigation.
Take that as a word to the wise.

There are still limits upon which even newsworthy subject matter can be extended into commercial interest. A commercial manufacturer of fireproof clothing would have a very difficult time defending the use of the above mentined naked woman to promote the sale of their merchendise.

Please note - I am not a lawyer. I have, however, kept abreast of these issues during many years as a photojournalist.

Des
 
The Coca Cola logo in the photograph would be considered de minimus - a minor part of the overall subject matter, and infringement of their rights to the trademark would not be the subject of a reasonable claim.

On the other hand - showing Lance wearing this shirt and drinking a Pepsi might well invite a battery of lawyers-on-retainer into your life...

Des
 
You must log in or register to reply here.

Keyboard shortcuts

f
Forum
m
My threads
Mobile site
About
Editorial content
Cameras & Lenses
Community
All content, design, and layout are Copyright © 1998–2025 Digital Photography Review All Rights Reserved.
Reproduction in whole or part in any form or medium without specific written permission is prohibited.
When you use DPReview links to buy products, the site may earn a commission.
©GPS Media - Guides, Products, Services.
Back
Top