Laws Concerning Pictures on Websites

[timmotheus]

Sorry if this has been discussed already but does anyone know the current laws on using photos on your webpage that you have taken with valid credentials of NCAA Div. 1 mascots and coaches? Furthermore, what about using photos taken by yourself of professional sports gear (ex.professional football helmet).

Any feedback or links to previously discussed thread(s) are much appreciated.

[epoh]

I think it's a personal website it shouldn't be a problem, but if it's your professional one, that might be an issue for them... Didn't you get some paperwork or have to sign anything to get the credentials? It should have some info in there.

[janetg]

i do know that if an ncaa athlete's image is used for monetary gain - even without their knowledge - it puts their scholarship in jeopardy...

it's happened to a gymnast - can't remember her name...

[timmotheus]

Yes, I know the laws on the NCAA athletes are very strict but as far as the coaches and mascots - that should be different??

[Shane]

Originally Posted by janetg

i do know that if an ncaa athlete's image is used for monetary gain - even without their knowledge - it puts their scholarship in jeopardy....

The athlete can lose eligibility only if the athlete (or family member) benefits from the monetary gain.

Otherwise, you would have people from rival schools taking/selling photos of their rivals star players in order to disqualify that athlete. LOL, it would be a never-ending circus of ineligible players!

[PeteQ]

I think that this is a very fuzzy area. There have been numerous discussions on SportsShooter dealing specifically with the NCAA rules and images use and it's not so clear cut as one would think. Even when using them for your own site. If the site and your NCAA picture helps to promote you as a photographer you may be running afoul of the rules. Worth a look to go over there, search for NCAA and sit back and get ready to do some reading. Lots of nuances....

Abel, I hope you don't mind since you allow us to link to Sportsshooter on our profiles here....

[dminton]

Schools own the logos, names, phrases, color schemes, etc. It's all trademarked and copyrighted and they make a killing off of licensing them. they are very serious about people using their property to make money that they will never get any royalties from. So it's complicated. There was a big huge deal involving Sports Shooter a little while back, but that was about putting images on SS itself, not a photographers personal website.

If the website is, say, your website that clients can go look at your work and is used to promote your business, than no, that would be a violation of the player eligibility requirements. And the school could cite copyright infringment because you're making money off of their logo or whatever.


If it's say, Pbase, or your blog thats un-photorelated, or something that is not gonna make you money off of the photos, probably nothing will happen.

The best person to comment on this would be our own David Bailey...he dealt with this first hand so he knows exactly what to tell you.

[timmotheus]

Hey, thanks everyone for your valued replies. I know it is a touchy subject and I appreciate your help. So far, I have not benefited off of any of these pictures financially however as these pictures could promote me as a photographer that is a concern. I will search SportsShooter on this and contact David Bailey per your suggestion dminton.

Thanks.

[dbphotos]

Schools will tell you different things, but bottom line is that if the images are being used for editorial use or a photographer's own web site you are fine.

You can't sell the images to anyone except an editorial/news outlet without written permission from the school or team (which they won't give you).

The schools say its for NCAA eligibility but the reality is that it is largely about trademark rights.

Here are some links on the issue:

http://www.nppa.org/news_and_events/...6/01/ncaa.html

http://www.sportsshooter.com/message...html?tid=19242

http://www.sportsshooter.com/message...html?tid=19174

Bottom line is that you do have the right to use the images for non-commercial purposes but the teams have the right to keep you off the field as well.

[timmotheus]

Wow - David thanks for the great information! This helps a lot and I am busy looking through the links you provided me now.

Thanks again!

[jonnydonut]

I shot UNT events last year. I talked to the media relations guy and told him I intended to sell the pictures. He said it would be fine as long as I never sold them for commercial use. I ended up selling more pictures of dancers and cheerleaders to their parents than anything else. Now I shoot for the school paper, as a unpaid intern, and am trying to figure out if I can still post pictures on my own site and even sell them.

[TheSarge]

If you couldn't use it, then you would never be able to use those photos in your portfolio. You can use them. I don't know if you can sell them, but you can always display your work.