'Event CD' Request - ALL Photos

[Erik Anderson]

I had a gentlemen request ALL the digital images (about 2000+) from an event this weekend, resized to 800x600. In trying to come up with a price, I thought that this could get me in quite a bit of trouble should someone take issue with me profiting from their image (i.e their car, face, etc). I turned him down citing that I would need to have a release from everyone at the rally in order to sell such an animal. Am I right or wrong?

[Paul Hansen]

It depends on his usage - if it is for editorial/news, it wouldn't be a worry. But if it is for something else, yes, you would need releases, at least one from the overall organizer of the event (if they have arranged for releases from all the teams beforehand).

[Erik Anderson]

It depends on his usage - if it is for editorial/news, it wouldn't be a worry. But if it is for something else, yes, you would need releases, at least one from the overall organizer of the event (if they have arranged for releases from all the teams beforehand).

My understanding is that it's just personal usage.

I'd I thought about advertising the images resized to 800x600, 72 dpi, watermarked across the bottom with the event and my website for a flat rate for anyone to buy. I still felt that, if someone was so inclined, they could make my life diffcult by saying I didn't have permission to sell their image. It was a publically advertised event, although by being in the rally, you got attend a 'VIP party' where some of the photos where taken, get special access to several venues, etc. This is an often discussed subject (can I sell this photo of that without a release), but it seems that the conditions are often just different enough to throw up some flags.

I'd love to offer the complete event CD in the resized format or perhaps a slideshow, but again, I'm fuzzy on the rules governing this situation.

[John Thawley]

I think you're all reading into this. The only permission you need is from the promoter of the event. The intellectual property is "The event." People attending the event are willing participants of the event. I mean think about it... you'd never see an image from event if simply one person stands up and say's... "oh no, I refuse to grant you permission to use this because I'm in it." That's not the intent.

Individuals are entitle to a reasonable amount of privacy. Traipsing around at a charity event is outside that "reasonable amount." A picture of them undressing? Rreasonable. A picture of them at a party or function? Unreasonable.

Where the issue would be in question is if, let's say, Jessica Simpson was at the party and you created a brochure promoting your "EA Photographer To The Stars" glamour photo studio AND used the shot of Jessica in it, then you are using her likeness to PROMOTE your services. That would be no.

What you are "selling" is a record of the event. If the promoter says fine, you don't need individual releases to package and sell your images.

That's said...I'm not an attorney and I don't even play one on TV... and most the time we stay at Comfort Inn or Travelodge... so I can't even fall back on a Holiday Inn level of intelligence. But... I think if you think through this logically, you'll see I'm using pretty good logic.

Finally, WHY does he want all 2000 images? I'm not comfortable with that. I'd do a slide show.... locked down... of about 250 highlights. Put a price on it.... $99, $199, whatever... do the normal, not for reproduction... copy, duplication.... yeada yada... all rights reserved. And Go!

JT

[Thomas Maranda]

I'm a little worried about him wanting 2000 photos for "personal use". I'd ask for more clarification before setting a price. Remeber, you're selling the usage license, not the photo.

[Erik Anderson]

I'm a little worried about him wanting 2000 photos for "personal use". I'd ask for more clarification before setting a price. Remeber, you're selling the usage license, not the photo.


I agree and am also uncomfortable with letting 2K+ photos out there, I don't care if they are watermarkered and 800x600. I like the idea of the slideshow, just haven't put forth the time to do so but with my schedule clearing, I should have time to do that.

Has anyone used pay-per-use music websites and if so, which ones? I'd want to set it to music (Much like Mr Thawley did recently) but I'd want to stay on the straight and narrow while avoiding the RIAA. I thought about pinging some local bands if I can find some stuff I like. Link their website, credit them in the slideshow, and maybe put out some cash if they need more convincing.