selling photos to be donated for a silent auction?

[kbutler84]

A couple years ago I took some photos on a public university and on the sidelines of a football game. An acquaintance has asked if he can purchase two prints of the photos so that he can donate them to a silent auction. Just curious if this is legal, or would it be some sort of copyright/trademark infringement?

[Howard Barlow]

It might do you well to contact the university and ask about licensing rights. They may have licensed rights to another concern. You could find yourself in court (civil) real easy. Otoh, they may say go for it.

[carrbowl]

Would the ability of a lawsuit change, if he just donated the photos himself? Just curious....

[auddii]

If the photographer did not retain copyright (which I would think would be in the contract with most universities), then they could get sued if their photo was donated, no matter who donates it. Consider it like someone downloading one of your photos off of the internet, printing it and entering it into a charity auction. While the money goes to a good cause, it's still illegal...

I'd agree. Try and get permission from the school. Contrary to the popular saying, it's not easier to ask for forgiveness. Mostly because the law isn't very forgiving.

Edit: My advice only applies if the photographer was contracted by the university to shoot the photos. I assumed this because you mentioned taking photos on the sidelines. Random photos taken on campus should be able to be donated as the photographer would retain the copyright.

[kbutler84]

Thanks for the suggestions. I'll see what I can find out.

[Howard Barlow]

My comment wasn't copyright based, rather, licensing. Like pro organizations, most, if not all, universities license their stuff. Separate issues, consider both.