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Author Topic: Buyer wants editorial sports photograph for online advertisment  (Read 4058 times)

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« on: December 28, 2015, 14:24 »
0
Hello,

a client contacted me and wants to use one of my sports editorial picture for online advertisement.
I am pretty familiar with editorial terms of use. But my question is, are you somehow able to sell such licence?
Honestly I dont think so, but as I am not experienced in this field, any advice is welcome.
The picture is http://www.shutterstock.com/cat.mhtml?gallery_id=1152593&page=1&inline=252988123.
How the big agencies run it? do you need to contact the athlete, association and agree terms or is it completely prohibited?

Thank a lot for any advice.


ShadySue

« Reply #1 on: December 28, 2015, 14:32 »
+2
At the very least, you'd need model releases from each of the three clearly-featured athletes, and property releases from the companies whose logos are featured on their uniforms (or clone them out)

As an example, Getty has this as a service they offer for a fee:
http://www.gettyimages.co.uk/asset-detail/assets/getty/en-gb/Not_Released_Popup.en-gb.pdf

« Reply #2 on: December 28, 2015, 14:36 »
+4
Hello,

a client contacted me and wants to use one of my sports editorial picture for online advertisement.
I am pretty familiar with editorial terms of use. But my question is, are you somehow able to sell such licence?
Honestly I dont think so, but as I am not experienced in this field, any advice is welcome.
The picture is http://www.shutterstock.com/cat.mhtml?gallery_id=1152593&page=1&inline=252988123.
How the big agencies run it? do you need to contact the athlete, association and agree terms or is it completely prohibited?

Thank a lot for any advice.


Sure, you can license it to him, but you have to make it's clear that it's completely his responsibility to secure the necessary rights from the persons and trademark holders.

« Reply #3 on: December 28, 2015, 14:40 »
+1
Additionally, does the event where you shot the photo place any restrictions on commercial use of images?  Is the client willing to hold you harmless in writing if any of the three groups (athletes, sponsors, event) decide to sue?  That's the danger in selling your image for commercial use.  The client may want to take the risk, but I wouldn't do it.

« Reply #4 on: December 28, 2015, 14:41 »
0
At the very least, you'd need model releases from each of the three clearly-featured athletes, and property releases from the companies whose logos are featured on their uniforms (or clone them out)

As an example, Getty has this as a service they offer for a fee:
http://www.gettyimages.co.uk/asset-detail/assets/getty/en-gb/Not_Released_Popup.en-gb.pdf

Considering the event, all the logos and athletes, it seem like an impossible task for someone like me, who does not have the contacts etc. I like Sean note, but tht is maybe the same thing for the client :)

Shelma1

« Reply #5 on: December 28, 2015, 14:43 »
0
I'd be very careful of this. Really, I'd let one of the big agencies handle it, so you don't get yourself into legal trouble. Pro athletes get paid big bucks for product endorsements.

ShadySue

« Reply #6 on: December 28, 2015, 15:02 »
+1
At the very least, you'd need model releases from each of the three clearly-featured athletes, and property releases from the companies whose logos are featured on their uniforms (or clone them out)

As an example, Getty has this as a service they offer for a fee:
http://www.gettyimages.co.uk/asset-detail/assets/getty/en-gb/Not_Released_Popup.en-gb.pdf

Considering the event, all the logos and athletes, it seem like an impossible task for someone like me, who does not have the contacts etc. I like Sean note, but tht is maybe the same thing for the client :)


Indeed, I wasn't suggesting it would be easy. I had someone contact me about commercial use of an editorial shot, and given the number of people (tourists) and logos etc in a 'general street scene', I said it was impossible.

« Reply #7 on: December 28, 2015, 16:04 »
+1
Additionally, does the event where you shot the photo place any restrictions on commercial use of images?  Is the client willing to hold you harmless in writing if any of the three groups (athletes, sponsors, event) decide to sue?  That's the danger in selling your image for commercial use.  The client may want to take the risk, but I wouldn't do it.


That's about my take on it. I wouldn't do it. Just not worth the possible risks.

« Reply #8 on: February 18, 2016, 13:55 »
0
Hello,

a client contacted me and wants to use one of my sports editorial picture for online advertisement.
I am pretty familiar with editorial terms of use. But my question is, are you somehow able to sell such licence?
Honestly I dont think so, but as I am not experienced in this field, any advice is welcome.
The picture is newbielink:http://www.shutterstock.com/cat.mhtml?gallery_id=1152593&page=1&inline=252988123 [nonactive].
How the big agencies run it? do you need to contact the athlete, association and agree terms or is it completely prohibited?

Thank a lot for any advice.


Hi Petr,

Hope you were able to resolve the issue satisfactorily. I'm jumping in here 'cause I'm also an SS editorial contributor (& I finally got MSG to send me a validation e-mail, lol!). Recently I some shots of people here in Brooklyn sliding & sledding in Prospect Park after a huge blizzard. Was not happy with the results--focus & exposure issues. I've been looking for way to expand my port, & sports is an attractive option. I really like your work, too. So, if you wouldn't mind, could you share what gear you use--cam & lenses--to produce those? Also thinking of upgrading, possible the D5 when it comes out, but that's a huge investment, so I want to step carefully. Currently I shoot with a d810, 24 - 70 & canon 6D, 70 - 200. Interestingly or not, the Canon seemed to produce a higher proportion of sharp images at roughly the same settings, than did the Nikon.

Many thanks,

andy

« Reply #9 on: February 18, 2016, 16:43 »
0
i suppose it is possible if say your sports editorial is of an event by a certain sponsor,
and that company who wants to use it as a commercial  is the one who is the sponsor itself.
in that case, it wouldn't be that difficult for the company to approach those sports celebrities themselves to get the release.

that would be wonderful , wouldn't it???


 

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