 David A. Rowe |
Releases Am I required to get a release from every person in my photos to post them online to sell? Example - high school basketball games - can I shoot both teams and put the pictures on a website for sale? Thanks
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Mark Feldstein |
Yes. For the recognizable adults and parents of kids under 18 years. How to handle this issue BEFORE you shoot, at public or private venues, games and concerts, has been discussed here many times. Just do a key word search (try "releases" and "concert releases". So IMO, since you didn't plan for this beforehand, you're essentially out of luck on this batch of pix or previous ones. Most people probably wouldn't object to what you're doing. The releases are for those who would make an issue (or a lawsuit) out of it. And if you yourself are under 18 years old, then they're just going to sue your parents and try to hold them liable. So if you want to roll the dice and try this without the proper releases, you're just sticking the fork into the ole toaster, so-to-speak. Do it right next time and you'll sleep better. Internet legal advice may get you into the ball park but the laws on privacy vary somewhat from one state jurisdiction to another. For that reason, among others, I would encourage you to get a written opinion from a lawyer in your neighborhood who specializes in privacy law. You can find them by calling the lawyer referral service of the local county bar association. .
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David A. Rowe |
Thank you. I know at basketball tournaments there were guys taking pictures and I saw them later on his website. I was wondering how this worked. Maybe a sign-up sheet at the door giving permission to shoot their child.
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Mark Feldstein |
Nope. The way we handle this problem in California venues is to have the forum management place a sign clearly visible to the public at all entries, stating words to the effect that "ENTRY TO THIS EVENT CONSTITUTES SUFFICIENT CONSIDERATION AND IMPLIED CONSENT TO BE PHOTOGRAPHED AND RECORDED FOR TELEVISION." As to the kids on the team, that usually gets dealt with by parents or legal guardians signing a blanket release at the beginning of the season. And, btw, just because someone else is shooting and posting doesn't mean they got the releases.
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