Hi kids,

I received this as a question on another forum:

D'you know what the legality is of selling images which may contain somebody's car registration number?

A mate of himself.com has a web site with pictures of 4*4 events, http://www.doric4x4.co.uk/ and someone has contacted him asking for a picture to be taken down. He doesn't mind doing that, but was wondering how it stands if (for example) he had already sold one of the images. They were taken at formal events, and he was there with the permission of the organiser/land owner.

Sounds like private land, but with permission from the owner. I don't know if an image has been sold.

Cheers!

Not 100% on this, but I believe the only time that a release form needs to be obtained is when a photograph features an individual and is being used for commercial purposes. A pic of a street scene with a number of people in wouldn't need one, neither would an event featuring a number of vehicles, but a specific vehicle that can be clearly identified probably would, even with the plates blanked. There are professional photography bodies that can give clear advice, but I can't remember specific names ATM.

Hmmm interesting question,

Not that I can see why anyone would (unless your into men in tight fitting lycra covered in mud) but what if someone bought a pic of someone else at an MTB event. The photographer owns the image, and can charge you for it, but is he allowed to sell it on to anyone else?

a few races I have done have wording to the effect that you agree to have your pic taken at our event and that it is a condition of entry that you accept.

You don't need model releases for documentary uses, like putting things in magazine articles about an event. If you sell pictures of people to advertisers or stock picture agencies, you need them.

This is because by showing someone in an advert, you imply that they support the product being advertised, which they might argue is not the case, in which case you may be in naughty legal doodoo. In documentary use all you are implying is that they took part in the event which is clearly true.

The photographer owns the image, and can charge you for it , but is he
allowed to sell it on to anyone else ?

Yes. You don't own your image. Otherwise there would be no newspapers or tv news.

You don't need model releases for documentary uses, like putting things in magazine articles about an event. If you sell pictures of people to advertisers or stock picture agencies, you need them.

This is because by showing someone in an advert, you imply that they support the product being advertised, which they might argue is not the case, in which case you may be in naughty legal doodoo. In documentary use all you are implying is that they took part in the event which is clearly true.

Aye, if the site is just documenting something, or showing some event the person there has no right to ask for the image to be taken down, especially if it was taken in a publicly visible place etc.

Thanks for the comments. I think this was taken on private land, but at an 'event'. If the guy had permission to shoot from the landowner, I can't see how someone could complain?