Legal - Recognizable individuals

I am hoping some body can provide me a rule of thumb around sport and recognizable individuals. 

I am doing some sport photography but been a bit hesitant to upload photos online because in majority of the photos the individual person is recognisable. Would this require a model release form/agreement?

From my understanding it is a public event. With a sports event, the event is public and typically with sport there are photographers and media. So in this situation there is no need or a model release and I should be able to use those photos. Is this most photographers understanding?

That would also be my understanding. Consider photographing the NY marathon - and then ask every single participant and spectator for a model release.......

I think the point is: do you photograph the event - or a single person?
If you are photographing an event you may occasionally portray a single participant - as participant of the event. Whoever takes part in a public event should be aware that photos are being made.

 

I've done sports and events. It depends on the team, the venue, the level of play - usually you'd be at an game or event being attended by the general public but the team and arena/stadium etc. is probably privately owned. So no, it's not usually considered public. (I don't know about a marathon or parade since those are held on public streets.)

The general guideline is if the person is recognizable, you'd most likely need a release. Teams usually make an effort to protect their player images, team name/logo, etc. A pass or credential is usually necessary other than shooting from your seat. The team media guide or website should have info. on any restrictions regarding cameras or photography, and telephoto lenses are often restricted. Check with the person doing PR or media relations.

I find in my area rules are more restrictive at higher levels of sports (major league, minor pro, some college) compared to lower level sports (lower minor league, high school, etc.) For college sports check with the SID (or the person in the SID's office that handles a specific sport). High schools usually get publicity permission signed by parents so check with the coach or school district.

Needing a release or not depends on usage. Usually a release is needed for commercial or retail use. For editorial use like a newspaper it wouldn't be needed but may be requested by the media outlet, especially from a photographer they haven't worked with before. Typically a release isn't necessary for a fine art print intended for the buyer's personal use.

Try http://asmp.org or PPA for info. on releases, contracts, etc. You may need to learn about licensing usage of your photos. You might take a look at http://www.sportsshooter.com .

If you post online take a look at the Terms & Conditions of any website you're considering. Even if you don't read all of it, see if the Terms allow the site to use photos posted by site users, allow third party usage, etc. Think about which photos you're posting and where and why - if the Terms allow for a site to distribute your photos you may not know where they'll end up. Learn ways to protect your work.

Many photo sharing sites are often referred to as 'photo rights grab' sites because they seem to want usage of photos posted by site users. Make sure you read any agreement to use the site so you know if they intend take your photos and use them.

I think posting online is for the purpose of showing your photos so is considered to be editorial but I'm not sure on that.