I was researching the restrictions that we photographers face when taking photos in a public place for profit. I had a situation a few years ago that involved high school football (I'll put that whole story on here in the future) photos being sold to the parents. It brought up whether I was "licensing" my image under certain restrictions, or was I "selling" the image. Here's what it came down to.
Now, I am not an attorney. This is just based on my experience. Consult an attorney, don't reference my blog as your support.
If I don't violate any laws when capturing the image, I am pretty much in the right. I can accept payment and "license" that image to any individual I want and NOT have to be in possession of a model release. Now... here is the interesting part... the responsibility of obtaining the proper release falls on the buyer should they choose to do anything commercial with the image.
For example, a parent can license an image for personal use (photo album, Facebook, etc). A newspaper can license an image for editorial purposes. As long as, by my licensing the photo to someone, I do not create an assumption that the person in the photo is "endorsing" my photography... I am okay.
Now, this is obviously a complex subject. In truth, most amateur leagues, high schools, etc have a model release clause on their signup form for their protection. By that fact, the player is waiving all rights they have to their image. Furthermore, they are in a public venue with no "expectation" of privacy. So, in the end, anyone can take their picture and use it for almost any purpose.
In summary, I never use the word "selling" when talking about images. I always "license" them for a specific use. A recent example is an entire collection of photos of a news event that a group was interested in for archival purposes. I had to ensure that I was licensing the images for ONLY that purpose and restricting the buyer from reselling them or using them commercially. Also, some of the individual images had been licensed to other individuals as well with a different set of restrictions. All in all, be specific when talking about your images and the intended use of the buyer.
Consult an attorney if you are confused. You do NOT need to be named in a lawsuit if you violate someone's rights. If you google "photographer rights", you will find an attorney who has a great PDF on the topic. In fact, I carry a few copies in my gear bag in case anyone takes issue with me shooting in public. Remember, you have rights and need to know them.
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