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tom1

External


Since: Jul 18, 2003
Posts: 5



(Msg. 1) Posted: Fri Jul 18, 2003 9:00 pm
Post subject: Image copyright
Archived from groups: alt>www>webmaster (more info?)

Hi
If I take an image at a sports event (for example) do I own the copyright to
that photo or does the subject maintain some kind of control over the image?
I am building a sports related site and have photos of people partaking in
the particular sport and am wondering if I can use the photos freely on my
site without them signing some kind of release
Thanks for any advice
Tom

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sp_bhuisman

External


Since: Jun 27, 2003
Posts: 571



(Msg. 2) Posted: Fri Jul 18, 2003 9:00 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

On Fri, 18 Jul 2003 18:00:18 +0100, Tom <tom DeleteThis @nospam.digital-haze.com>
wrote:

 > Hi
 > If I take an image at a sports event (for example) do I own the copyright
 > to
 > that photo or does the subject maintain some kind of control over the
 > image?
 > I am building a sports related site and have photos of people partaking
 > in
 > the particular sport and am wondering if I can use the photos freely on
 > my
 > site without them signing some kind of release
 > Thanks for any advice
 > Tom

You have a right to your photo and anything in it unless:

- your main purpose for using it is *because* of the copyrighted logos,
works etc. which are in it. This is why the cereal box sports cards have
all the logos removed from hats, jerseys et al. Wink

- you took the picture at an event where they explicitly prohibit
photography.

Other than that no problem, although it's usually nice to ask the people
involved if it's okay to use their picture; it'll also cover your ass if
one of them decides to make complaints later, a big problem if you plan on
using them commercially. People will sue over the darndest things these
days...

Although, IANAL...

Grey

--
The technical axiom that nothing is impossible sinisterly implies the
pitfall corollory that nothing is ridiculous.
- <a style='text-decoration: underline;' href="http://www.greywyvern.com" target="_blank">http://www.greywyvern.com</a> - Orca RingMaker: PHP web ring creation and
management<!-- ~MESSAGE_AFTER~ -->

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mcwebber

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Since: Jun 29, 2003
Posts: 296



(Msg. 3) Posted: Fri Jul 18, 2003 9:00 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
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"Tom" <tom.DeleteThis@nospam.digital-haze.com> wrote in message
news:bf9a77$gk1$1@kermit.esat.net...
 > Hi
 > If I take an image at a sports event (for example) do I own the copyright
to
 > that photo or does the subject maintain some kind of control over the
image?

Depends on what you are going to use the photo or the person's likeness for.
Certain professional sporting events have rules regarding photography. The
PGA, MLB, NFL, etc. all have rules regarding the use of photos taken at
their events. If the people in the photos can be recognized, you will
probably have to obtain a release before using them commercially.

--
McWebber
No email replies read
If someone tells you to forward an email to all your friends
please forget that I'm your friend.<!-- ~MESSAGE_AFTER~ -->
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user104

External


Since: Jun 28, 2003
Posts: 1662



(Msg. 4) Posted: Fri Jul 18, 2003 10:04 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
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"Tom" <tom.DeleteThis@nospam.digital-haze.com> wrote in message
news:bf9a77$gk1$1@kermit.esat.net...
 > Hi
 > If I take an image at a sports event (for example) do I own the copyright
to
 > that photo or does the subject maintain some kind of control over the
image?
 > I am building a sports related site and have photos of people partaking in
 > the particular sport and am wondering if I can use the photos freely on my
 > site without them signing some kind of release
 > Thanks for any advice

IANAL but I do know that generally speaking the copyright belongs to the
photographer.

Having said that, there is legislation covering the UK whereby the subject
of a picture can claim recompense if the image is used for business,
advertising etc.

Also, I heard about a case under the new EU legislation/directive about
human rights whereby the subject of a picture can have redress against you
for taking a picture where they were in the background!
--
Charles Sweeney
<a style='text-decoration: underline;' href="http://www.CharlesSweeney.com" target="_blank">www.CharlesSweeney.com</a><!-- ~MESSAGE_AFTER~ -->
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foxglove54321

External


Since: Jun 30, 2003
Posts: 59



(Msg. 5) Posted: Fri Jul 18, 2003 10:47 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

  >> Hi
  >> If I take an image at a sports event (for example) do I own the copyright
 >to
  >> that photo or does the subject maintain some kind of control over the
 >image?
  >> I am building a sports related site and have photos of people partaking in
  >> the particular sport and am wondering if I can use the photos freely on my
  >> site without them signing some kind of release
  >> Thanks for any advice

You own the copyright. But, depending on what country you are in, the subject
may have the right to control how his/her likeness is used even if not for
business. I think it's also important whether you are taking the picture in a
public or a private space. Also, although I don't know if there are any laws
with regard to the ages of people you photograph, be careful about images of
minors because there is a certain amount of distaste for invading their privacy
(I'm thinking here of the fuss over William and Harry).

--
Alice Woolley
<a style='text-decoration: underline;' href="http://www.insidethebubble.co.uk/" target="_blank">http://www.insidethebubble.co.uk/</a>
Inside the Bubble - autism information<!-- ~MESSAGE_AFTER~ -->
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anom

External


Since: Jul 01, 2003
Posts: 71



(Msg. 6) Posted: Sat Jul 19, 2003 12:29 am
Post subject: Re: Image copyright [Login to view extended thread Info.]
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"Tom" <tom.TakeThisOut@nospam.digital-haze.com> wrote in message
news:bf9a77$gk1$1@kermit.esat.net...
 > Hi
 > If I take an image at a sports event (for example) do I own the copyright
to
 > that photo or does the subject maintain some kind of control over the
image?
 > I am building a sports related site and have photos of people partaking in
 > the particular sport and am wondering if I can use the photos freely on my
 > site without them signing some kind of release
 > Thanks for any advice
 > Tom
 >

If you need legal advice, hire an attorney.

FWIW department, sports figures are like public figures. One can take a
picture of President Bush and use it commercially if so desired.
To a certain extent. You can not use that photo and claim "So and so
endorses this product".
Even if that person was wearing his/her prmotional clothing, as a race car
driver does, that image is yours to publish within reason.
For instance, if you have someone take a picture with your camera and you
stand beside Kyle Petty, in full dress, you can use that image without his
permission to say to the world, "Hey look at me".
But you probably would get into trouble if you began selling the photo in
connection with other items.

However, if sports figure just happens to be among the crowd of people as
you snap the picture, then it's fair game as to what you can do with it.
For instance, snapping off a photo of football players on the field during
the game.

Many years, actress Debbie Reynolds was the grand marshall of the
Indianapolis 500 race.
My father took a picture of her at a point in time when he was the only one
around for some reason.
Stretched out on the hood of the car and waving like a publicity photo.
Wish to sam hell I had that photo now.

As to use of the images taken at a sportings event, it depends on the nature
of the image.
If a single person is the only one in the image, you should most likely get
permission to use it.<!-- ~MESSAGE_AFTER~ -->
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ngx

External


Since: Jun 28, 2003
Posts: 578



(Msg. 7) Posted: Sat Jul 19, 2003 4:38 am
Post subject: Re: Image copyright [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

Foxglove54321 wrote:

 > (I'm thinking
 > here of the fuss over William and Harry).

Who is Henry?

--
William Tasso - <a style='text-decoration: underline;' href="http://www.WilliamTasso.com" target="_blank">http://www.WilliamTasso.com</a><!-- ~MESSAGE_AFTER~ -->
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blogan

External


Since: Jun 30, 2003
Posts: 285



(Msg. 8) Posted: Sat Jul 19, 2003 12:22 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
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"Tom" <tom.RemoveThis@nospam.digital-haze.com> wrote in message
news:bf9a77$gk1$1@kermit.esat.net...
 > Hi
 > If I take an image at a sports event (for example) do I own the copyright
to
 > that photo or does the subject maintain some kind of control over the
image?
 > I am building a sports related site and have photos of people partaking in
 > the particular sport and am wondering if I can use the photos freely on my
 > site without them signing some kind of release
 > Thanks for any advice
 > Tom
Some consider a persons image to belong to them. Some so called ethnic
groups also consider taking a picture of them is taking their soul.
As a result I think it is dangerous ground to even take a picture of someone
without first getting their consent. It could be considered an invasion of
their space / privacy.

The exception would be perhaps within private premises or controlled access
space where it is clearly noted that pictures may be taken for a given
purpose, ie security cameras<!-- ~MESSAGE_AFTER~ -->
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fatblokeonbike

External


Since: Jul 07, 2003
Posts: 12



(Msg. 9) Posted: Sat Jul 19, 2003 12:22 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

..
  >"Tom" <tom.RemoveThis@nospam.digital-haze.com> wrote in message
  >news:bf9a77$gk1$1@kermit.esat.net...
   >> Hi
   >> If I take an image at a sports event (for example) do I own the copyright
  >to
   >> that photo or does the subject maintain some kind of control over the
  >image?
   >> I am building a sports related site and have photos of people partaking in
   >> the particular sport and am wondering if I can use the photos freely on my
   >> site without them signing some kind of release
   >> Thanks for any advice
   >> Tom
  >Some consider a persons image to belong to them. Some so called ethnic
  >groups also consider taking a picture of them is taking their soul.
  >As a result I think it is dangerous ground to even take a picture of someone
  >without first getting their consent. It could be considered an invasion of
  >their space / privacy.
..
  >"Tom" <tom.RemoveThis@nospam.digital-haze.com> wrote in message
  >news:bf9a77$gk1$1@kermit.esat.net...
   >> Hi
   >> If I take an image at a sports event (for example) do I own the copyright
  >to
   >> that photo or does the subject maintain some kind of control over the
  >image?
   >> I am building a sports related site and have photos of people partaking in
   >> the particular sport and am wondering if I can use the photos freely on my
   >> site without them signing some kind of release
   >> Thanks for any advice
   >> Tom

There was a case some eight/ten years back when someone sued/tried to sue "Time" magazine
for publishing a photograph of a street-full of pedestrians in which he was the dominant
entity. Dunno how it came out. Anybody?

Another thing to keep in mind is the openness with which you operate; trying to disguise
what you are doing would be just plain asking for trouble.


Sent from within Forte's Agent.
Pull the pins out to reply direct.<!-- ~MESSAGE_AFTER~ -->
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ngx

External


Since: Jun 28, 2003
Posts: 578



(Msg. 10) Posted: Sat Jul 19, 2003 12:22 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
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Bill Logan wrote:
 > ...
 > As a result I think it is dangerous ground to even take a picture of
 > someone without first getting their consent. It could be considered
 > an invasion of their space / privacy.
 >
 > The exception would be perhaps within private premises or controlled
 > access space where it is clearly noted that pictures may be taken for
 > a given purpose, ie security cameras

In that case, I hereby give public notice that if you come within optical
range of any photgraphic recording equipment owned or operated by me (or by
persons employed by me or acting on my bidding) then your likeness may be
recorded and used for whatever purpose I may choose from time to time.
However, your statutory rights are not affected and please note that the
original image (often negatives) and all rights to such recordings may
become available to the highest bidder.

IANAL - nor do I play one on TV - but if your image is recorded on one of my
security cameras then I'd welcome the opportunity to dicuss image copyright
and related issues in a court of law.

--
William Tasso - <a style='text-decoration: underline;' href="http://www.WilliamTasso.com" target="_blank">http://www.WilliamTasso.com</a><!-- ~MESSAGE_AFTER~ -->
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no_user

External


Since: Jul 03, 2003
Posts: 98



(Msg. 11) Posted: Sat Jul 19, 2003 12:22 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

Don't know the answer, however, www.photo.net has a forum that might be of
some use. Maybe it's www.photo.com or .org....one of them.


kb
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gking

External


Since: Jul 07, 2003
Posts: 31



(Msg. 12) Posted: Sat Jul 19, 2003 7:46 pm
Post subject: Re: Image copyright [Login to view extended thread Info.]
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"Richard" <anom@anom> wrote in message
news:bfaaig02524@enews4.newsguy.com...
 >
 > "Tom" <tom.DeleteThis@nospam.digital-haze.com> wrote in message
 > news:bf9a77$gk1$1@kermit.esat.net...
  > > Hi
  > > If I take an image at a sports event (for example) do I own the
copyright
 > to
  > > that photo or does the subject maintain some kind of control over the
 > image?
  > > I am building a sports related site and have photos of people partaking
in
  > > the particular sport and am wondering if I can use the photos freely on
my
  > > site without them signing some kind of release
  > > Thanks for any advice
  > > Tom
  > >
 >
 > If you need legal advice, hire an attorney.
 >
 > FWIW department, sports figures are like public figures. One can take a
 > picture of President Bush and use it commercially if so desired.
 > To a certain extent. You can not use that photo and claim "So and so
 > endorses this product".
 > Even if that person was wearing his/her prmotional clothing, as a race car
 > driver does, that image is yours to publish within reason.
 > For instance, if you have someone take a picture with your camera and you
 > stand beside Kyle Petty, in full dress, you can use that image without his
 > permission to say to the world, "Hey look at me".
 > But you probably would get into trouble if you began selling the photo in
 > connection with other items.
<snip>

Not if your "Hey look at me" is used commercially, as in you and Kyle Petty
at a trade show or similar commercial event.

A certain software company found themselves in trouble with a certain NBA
player some years back with their life-size photo at a trade show.

George<!-- ~MESSAGE_AFTER~ -->
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blogan

External


Since: Jun 30, 2003
Posts: 285



(Msg. 13) Posted: Sun Jul 20, 2003 12:43 am
Post subject: Re: Image copyright [Login to view extended thread Info.]
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"William Tasso" <ngx.TakeThisOut@tbdata.com> wrote in message
news:bfa4be$clga3$1@ID-139074.news.uni-berlin.de...
 > Bill Logan wrote:
  > > ...
  > > As a result I think it is dangerous ground to even take a picture of
  > > someone without first getting their consent. It could be considered
  > > an invasion of their space / privacy.
  > >
  > > The exception would be perhaps within private premises or controlled
  > > access space where it is clearly noted that pictures may be taken for
  > > a given purpose, ie security cameras
 >
 > In that case, I hereby give public notice that if you come within optical
 > range of any photgraphic recording equipment owned or operated by me (or
by
 > persons employed by me or acting on my bidding) then your likeness may be
 > recorded and used for whatever purpose I may choose from time to time.
 > However, your statutory rights are not affected and please note that the
 > original image (often negatives) and all rights to such recordings may
 > become available to the highest bidder.
 >
We have one simple rule in these parts, any attempt to take anything
belonging to me will be met with armed response or as my Scot ancestors oft
said 'Nemo me impune lacessit'<!-- ~MESSAGE_AFTER~ -->
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ngx

External


Since: Jun 28, 2003
Posts: 578



(Msg. 14) Posted: Sun Jul 20, 2003 12:43 am
Post subject: Re: Image copyright [Login to view extended thread Info.]
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Bill Logan wrote:
 > ... 'Nemo me impune lacessit'

'Quidquid latine dictum sit, altum viditur'

--
William Tasso - <a style='text-decoration: underline;' href="http://www.WilliamTasso.com" target="_blank">http://www.WilliamTasso.com</a><!-- ~MESSAGE_AFTER~ -->
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user104

External


Since: Jun 28, 2003
Posts: 1662



(Msg. 15) Posted: Sun Jul 20, 2003 3:10 am
Post subject: Re: Image copyright [Login to view extended thread Info.]
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"William Tasso" <ngx RemoveThis @tbdata.com> wrote in message
news:bfbcp0$cpkdp$1@ID-139074.news.uni-berlin.de...

 > 'Quidquid latine dictum sit, altum viditur'

"Quidquid nonexistio etum walletum". Skint.
--
Charles Sweeney
<a style='text-decoration: underline;' href="http://www.CharlesSweeney.com" target="_blank">www.CharlesSweeney.com</a><!-- ~MESSAGE_AFTER~ -->
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