Reselling sports photos

[IndyShawn]

What is the name of your state? Indiana

I am considering starting a part-time business of youth sports photography. I would like to attend and photograph the sporting events and sell the prints and/or the image files afterward through a website. However, I'm unsure of whether or not I need some type of release to offer the images for resale? Any information would be appreciated!

 

[divgradcurl]

A release may not be absolutely necessary if the pictures are taken in a public place. However, if the pictures are of a particular person and can be recognized as being of that particular person -- as opposed to a picture of the team in action -- you would be well-served to obtain releases, just to protect yourself in the future. Even if it is not required to have a release, in such a case a release can only help if later someone wants to make a big deal of something.

This is like the Girls Gone Wild videos -- as long as the film is taken in public, they don't need a release from each and every person. However, the DO have to have a release if they want to use a person's picture to SELL the videos.

One caveat -- if any of the youths are famous -- LeBron James jumps to mind -- then the rules change quite dramatically, and you would need a release.

Another thing to watch out for -- the schools themselves may have acquired trademark protection covering their team name and logo. You should check with the schools to find out if they have indeed acquired such protections, and what permissions you need from them.

Chances are you won't run into too many issues here, but you may want to sit down with an attorney just to make sure you cover all of the bases.