Selling Racing photos question

Discussion in 'Sports Photography' started by SCRacer, Jul 13, 2007.

  1. SCRacer

    SCRacer

    267
    Apr 12, 2006
    Iowa
    Just some background quick...I am currently taking an online class to earn my web design diploma. The class I am in now is Information Design. We have to come up with proposals and one of mine is to set up a site to sell my photos. I take racing photos and would like to sell them to the racers. I explained this in the proposal. Well one student in the class replied with saying that if I took photos of nascar cars I couldn't sell them because the sponsors would sue me for making profit on their cars.

    Well the good news is I wasn't even talking about nascar. I am talking about drag racing on a local level and I'm selling photos to the racers at a local track. Just a hobby.

    But my question is if I were to take photos of nascar cars don't I have every right to sell that photo because I am the copyright holder? Like I said I'm not taking nascar photos but was just curious on that issue.
     
  2. dsp921

    dsp921

    898
    May 16, 2006
    I think you would have issues with the sponsor's trademarks. That would trump your copyright. Don't forget, just because you have the copyright on the photo, that doesn't guarantee you the right to sell the photo. I bet NASCAR would have problems with that as well.
     
  3. SCRacer

    SCRacer

    267
    Apr 12, 2006
    Iowa
    So what about concert photos? I don't sell them but i have seen people selling concert photos. Do they have the right to do that without permission from the artist?

    Like I said I'm not taking or selling nascar photos i was just curious. We currently have a track photographer at my local drag strip who takes photos. It's a small track and I currently don't sell my photos because I don't want to take away from him. I just take them for fun and a hobby.

    Thanks for the reply :)
     
  4. dsp921

    dsp921

    898
    May 16, 2006
    I guess that depends on where the concert was and what the terms and conditions were on the ticket. This stuff all gets pretty messy in the details.
     
  5. DAVE VAN

    DAVE VAN

    663
    Feb 22, 2005
    New Jersey
    I somehow stumbled into the USHRA (Monster Trucks). I have been photographing them for about five years now. I don't know how it is in Drag Racing, (I would imagine it is the same) but don't even think about selling an image of a truck (or car in your situation). Live Nation owns the copyrights to most of the trucks names and images (Monster Jam). I have worked with some of the smaller promoters and sponsors and they are better, but don't think you will make any money from it. If you take photos of an independent they will be glad to use them for advertising, etc but will not pay much for them. I have had to sign forms at most shows and venues (just to gain access) that I would not try to sell the photos. On the plus side I have made many friends, I get free tickets and passes to all shows and more t-shirts, hats, posters, photos, toys,etc than I will ever use!
     
  6. A lot also depends on the terms of your admittance to the track. The typical (maybe all) NASCAR race is on private property, so to an extent you have to deal with ISC's say in what you can do with images taken on their property. It seems to me that I signed a photo waiver of some kind for a race I shot on ISC property, but I can't remember the details.
     
  7. SCRacer

    SCRacer

    267
    Apr 12, 2006
    Iowa
    Thanks for the replies. It's all interesting. But thankfully I'm not even thinking of going to those scales.

    I drag race myself and just go to the local track. I have practically grew up there and know many people. They have a track photographer like I said and he takes photos and sells to the drivers. These are just local drag racers so it's not a big issue.

    Like everyone here I just like taking photos so I think that's what I will stick to, taking photos as a hobby. :)
     
  8. NASCAR cars and logos are copyrighted. You have access to sell photos for editorial usage (newspapers, magazines, etc.), but for posters, photos, etc. for sale to the public they have to be licensed by NASCAR. Trust me, they are very aggressive in protecting their copyrights.

    Selling images of local cars to their owners won't be an issue.
     
  9. JMartin

    JMartin Guest

    David is correct, as an editoral use such as educating or a news story you could use them.

    For a commercial use as David stated, posters, selling individual photos to make a profit and in some cases even your own promotional items, I wouldn't dare use them.

    As for your local track stuff, I see that as being like my little league stuff. I have parents coming up to me at games asking if there is a place they can view my photos and get prints of their kids, I can imagine the "grown up kids" would love to buy shots of themselves during a race.
     
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