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Grumby
27-05-2012, 9:21am
I've recently been taking photos at local amateur sports (particularly rugby) that take place most weekends in the park near my home. I wanted to post a couple of pictures onto a website that lists sports venues, but I am concerned about whether I need model releases - the photos quite clearly identify individuals though I have no idea who they are. The website in question has the following clause in their Ts & Cs (yes - I actually read the small print), which is what gives me concern...

By posting content to any part of the Site, you automatically grant to iSport an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose (commercial, advertising, or otherwise) and in any medium; prepare derivative works of such content, or incorporate such content into other works; and grant and authorize sublicenses of the foregoing.

Though highly unlikely, I read this as meaning that my picture could end up being used by some third party for any purpose, and neither I nor the individuals in the image would have any control over it... Also, that if the individuals in the photos objected - it would be me they claim against?

Perhaps I am just being too cautious? Can anyone offer any opinions or experience in this area?

Cheers
Grum.

ricktas
27-05-2012, 9:34am
If this website you speak of, that list sport venues is a commercial operation, or any of the sporting venues are commercial operations, then yes you will need model releases, cause by posting photos of sportspeople on that site, you are in effect saying 'this person recommends this site and the associated sporting venue', which they may not, and could find yourself and iSport in a world of trouble.

And yes, that clause gives them the right to do anything they want with the photo. Not just use it on their website to display to viewers. They could print it huge and place it as a banner of your local highway to promote their site, some sporting event or anything else, including re-selling your photo for the cover on a magazine etc, with not a cent, or acknowledgement of you, the photographer.

Grumby
27-05-2012, 1:11pm
Thanks Rick,

...you are in effect saying 'this person recommends this site and the associated sporting venue'
I hadn't even thought of that aspect - but you are right. Their clause giving them carte blanche to do whatever they like with anything I post could open up a huge can of worms... Think I might give it a miss. Thanks for the advice.
Grum.