Legal Question??

I recently took up photography with the hopes of taking pics of my sons basketball games and selling them for fundraising for the team. I want to know if it is necessary to get a release, since the pictures are taken in a public venue.

Yes, every kid in your photos needs a model release. Otherwise you could get some seriously ticked off parents. Any minor that is identifiable needs a model release, is pretty much the rule to go by.

I'm not 100% sure of the answer. But if you would need to get a release, you would need a release sign not only by the players, but from their parents too (if the players are under age). It may not be impossible to do this, but it would take time to get ahold of all the players and their parents to have them sign the release form. And what if, 1 parent/player refuses to sign the release form...you can't use that image (the photo could have two players in it) you get permission from one player but not the other player. You still can't use the photo.

And, you will need a release sign for every single game. (That's if a release actually needs to be sign, which I am not sure of). The whole shooting in public throws me off.

Thanks for the quick response!

What about getting the release after the pictures are taken? For example, I've been at tournaments where someone is taking pictures and offering prints on site. The photos were stored on the computer by Team and number, so if you got a release prior to showing the pictures or if they were on the web and a parent had to electronically authorize a release prior to viewing, do you think that would work? Some pictures would obviously include players from other teams and I'm not sure it would be possible to get releases for every player in advance.

You wouldn't necessarily need one for every game if you made a generalized release that had verbiage that said something like " for each basketball game of the 2011 season"

Our team travels to tournaments all over the country and I always see pictures posted on websites and I've never seen anyone ask us to sign a release. Either it's not necessary, or these tournament directors are taking the chance that no parent is going to complain about free publicity for their child.

You have to think of that one parent that will cause problems-- the lowest common denominator is the one that will mess it all up. It really is a legal issue, they can kick up a legal fuss that can land you in court.

Check with the coach or the organization that they are signed with and take a look at the papers that were signed when you put your child on the team-- there may already be something the contract that says they have to be subject to any photos taken or published with them in it. My kids' schools have that in their contracts every year-- it saves sooooo much time that way.

Also, are you the designated photog for the team? If you are than such a contract that is already in place would apply to you. If you aren't under the wing of the team, theirs would not apply to you, however, it can be used as a bargaining chip if you do get a defiant parent (I keep saying that because, from experience, there usually is at lest one that kicks up a fuss) but if you already have it in writing that they said their kid has no choice, it would be easier to get them to relent.

jfoxdrake wrote: Our team travels to tournaments all over the country and I always see pictures posted on websites and I've never seen anyone ask us to sign a release. Either it's not necessary, or these tournament directors are taking the chance that no parent is going to complain about free publicity for their child.

Are those pictures posted on the other websites....news station/newspaper websites? If so, then it's legal for them to post, because it's a form of photojournilsm. If the site is a parent to one of the players (like you). They may not realize if they need a release form or not. Many parents will take photos and post them on the web and have no idea what they really are getting themselves into.

And then you could have photographers (who have no relations to any of the players) going to the games, taking pictures, posting to the web...for the sake of their own portfolio.

As far as my relationship with the team, my husband coaches both our club (AAU) team and our HS team. I am not really concerned about getting the necessary releases for our players and parents, I can easily add the release into the necessary paperwork for the teams. I am more concerned about getting a release from players of opposing teams.

The pictures on the web are usually posted on recruiting websites or websites of the organization holding the tournament... not always a newspaper or news station.

For now, I am sure I will be covered by taking pictures of only our team, but in the future, I would like to be able to take pictures at tournaments and print on site or offer for later download on a website requiring a password to access. I am thinking if I have a release available at the event, then I will only be able to use photos of players that sign a release.

I just want to make sure I have all my bases covered... thanks for your advice!

I think, in general since it's a public event. You can sell the images with no permission. Someone on this forum shoots hockey for a magazine. Hopefully he will see this thread and help you out about needing a release or not. I can't image he needs a release form sign by any hockey players that he photographs.

I think Amanda is right. You would need to go thru the team which sounds like it won't be a problem for you. As she said, check w/the team because if the players' parents signed permission it may cover their photos being taken - and if the visiting teams do the same you might be covered. I shot some high school hockey and didn't need releases signed because the team already had them on file (and so did the other teams in their league).

When I've seen photographers set up at tournaments they seem to be selling to the players families and are there w/permission of whatever organization runs the tourney. I think players in those have to sign permission forms to participate which may cover photos. You would probably need to go thru whatever organization runs the tourneys/events.

Rob does shoot hockey in the same area where I live, but he covers minor pro so that would be different than needing permission to photograph under 18 athletes. Generally the guideline for pro sports is if it's editorial (newspaper/magazine) you don't need a release; if it's commercial (that you intend to use the image to make money) you may need a release. I didn't need a release to shoot minor pro since the photos were for the team's use (for marketing).

Professional organizations like ASMP have sample photo releases including one for parents to sign for children under 18 and a 'pocket' release to carry with you to use if for example you don't have a prior release.