Home  
Site Partners: SpotterGuides Veloce Books  
Related Sites: Your Link Here  

Go Back   TenTenths Motorsport Forum > Racing Talk > Motorsport Art & Photography

Reply
 
Thread Tools Display Modes
Old 9 Sep 2008, 07:43 (Ref:2285331)   #26
Piglet
Veteran
 
Join Date: Apr 2002
Posts: 3,664
Piglet should be qualifying in the top 3 on the gridPiglet should be qualifying in the top 3 on the gridPiglet should be qualifying in the top 3 on the grid
Quote:
Originally Posted by ukaskew
As far as I am aware, I can't sell these photos as I'm not an accredited photographer, so the only option is to give them away
You can't sell them other than for media purposes if you are an accredited photographer either (unless you've paid the rights holder for a commercial licence).

Shall I explain...

Punter - no ability to sell photographs or to use them for anything other than personal use. Technically, that could mean that even publishing them on a website is not permitted although it is not something that the rights' holders* go after (AFAIK).

Accredited media - can use photographs for media purposes only whether paid or not, so effectively for editorial use. This is likely to permit publishing on websites as long as there is no commercial gain**.

What the accredited media bod cannot do under the terms of their Agreement with the rights' holder is sell their photographs for anything other than editorial use, so not for advertising purposes or in the form of prints etc. This requires a separate commercial licence which the rights' holder will grant you on payment of the relevant sum of money.

Some notes.....*"rights' holders" - by default this will be the Circuit as it's their land..but some series will include a rights transfer in their contract with the circuit. This is something that should be checked if it's relevant to you. You should also bear in mind that some images, logo's etc. may be subject to their own commercial rights and that the rights' holders of these images etc. may want to have control over how and where these images are used.

**T'internet....media law relating to the internet is still an evolving beast, you'll note above that I say "publishing on websites as long as there is no commercial gain" - in some instances it will be clear whether there is commercial gain or not but in others it might be less clear cut, I wonder, for instance (and I'm not picking on them!) where something like DSC stands when it's a subscription service - commercial gain or not? I could probably argue it either way (depending on who was paying!).

I'm not entirely up to date but I don't think that there has been much substantive case law in this area and it's something that we'll see become less grey over the next few years.

Happy to be corrected if I'm shockingly out of date and things have changed...

I'd still recommend the article that John Brooks linked to a little while ago about changes in rights being granted in other sports and the effect that this is likely to have on the "media". I don't have the link on this PC though.

Last edited by Piglet; 9 Sep 2008 at 07:45.
Piglet is offline  
Quote
Old 9 Sep 2008, 08:04 (Ref:2285344)   #27
Snapperjack
Racer
 
Join Date: Mar 2001
Posts: 273
Snapperjack should be qualifying in the top 10 on the grid
Thank you Piglet. So that means drivers, teams and sponsors etc will not be able to buy any photos from a race meeting no matter how many photographers are trackside unless one of them has a commercial licence. Is that likely?
Snapperjack is offline  
Quote
Old 9 Sep 2008, 08:48 (Ref:2285376)   #28
Piglet
Veteran
 
Join Date: Apr 2002
Posts: 3,664
Piglet should be qualifying in the top 3 on the gridPiglet should be qualifying in the top 3 on the gridPiglet should be qualifying in the top 3 on the grid
Quote:
Originally Posted by Snapperjack
Thank you Piglet. So that means drivers, teams and sponsors etc will not be able to buy any photos from a race meeting no matter how many photographers are trackside unless one of them has a commercial licence. Is that likely?
Yep that's the correct legal position...I can't comment on what happens in reality!
Piglet is offline  
Quote
Old 9 Sep 2008, 19:42 (Ref:2285931)   #29
PDS
Veteran
 
Join Date: Dec 2005
England
Medway Towns
Posts: 679
PDS should be qualifying in the top 10 on the grid
Which brings us back to that simple question Snapperjack asked before... How do you know which photographer you can buy prints from?
PDS is offline  
__________________
I think animal testing is a terrible idea: they all get nervous and give the wrong answers...!
...........Steven Fry
Quote
Old 9 Sep 2008, 22:03 (Ref:2286089)   #30
Tim the Grey
Veteran
 
Tim the Grey's Avatar
 
Join Date: Aug 2004
Wales
Across the M40 from Gaydon...
Posts: 3,834
Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!
Jeff Bloxham?
Tim the Grey is offline  
__________________
Tim Yorath
Ecurie Llanfairpwllgwyngyllgogerychwyrndrobwllllantysiliogogogoch
Fan of "the sacred monster Christophe Bouchut"...
Quote
Old 9 Sep 2008, 22:06 (Ref:2286092)   #31
PDS
Veteran
 
Join Date: Dec 2005
England
Medway Towns
Posts: 679
PDS should be qualifying in the top 10 on the grid
Quote:
Originally Posted by Tim the Grey
Jeff Bloxham?
Goes back to my earlier answer.. you will have to ask him!

Most of the time he is working for LAT!
PDS is offline  
__________________
I think animal testing is a terrible idea: they all get nervous and give the wrong answers...!
...........Steven Fry
Quote
Old 10 Sep 2008, 08:09 (Ref:2286282)   #32
Piglet
Veteran
 
Join Date: Apr 2002
Posts: 3,664
Piglet should be qualifying in the top 3 on the gridPiglet should be qualifying in the top 3 on the gridPiglet should be qualifying in the top 3 on the grid
Quote:
Originally Posted by PDS
Which brings us back to that simple question Snapperjack asked before... How do you know which photographer you can buy prints from?
The official answer would be that you ask the rights holder to put you in touch with someone who has a commercial licence from them. OR you find a 'tog and ask them to apply for a commercial licence to sell you a print....
Piglet is offline  
Quote
Old 12 Sep 2008, 06:27 (Ref:2287773)   #33
Happy Snapper
Veteran
 
Happy Snapper's Avatar
 
Join Date: Jun 2004
Grenada
Uplyme, Lyme regis
Posts: 551
Happy Snapper should be qualifying in the top 10 on the grid
Some circuits are quite tolerant but most that run Internationals are very protective. One guy wrote a book about Le Mans a few years back and the ACO got a court order and had them all burnt! And that was for just using their logo! Its my understanding it has nothing to do with accreditation but copyright read the back of the ticket that gets you into the circuit and for media you normally sign away any rights to images as you agree your accreditation!
Happy Snapper is offline  
__________________
vous tous qui passez ici souvenez-vous
Quote
Old 13 Sep 2008, 09:56 (Ref:2288779)   #34
Nordic
Veteran
 
Nordic's Avatar
 
Join Date: Dec 2001
England
West Sussex
Posts: 2,133
Nordic should be qualifying in the top 10 on the grid
How long does the circuit or promotor etc hold the rights for any photo taken at a track?

ie if you take a photo 10+ years ago could they still come after you?
Nordic is offline  
__________________
Some people will tell you that slow is good - and it may be, on some days - but I am here to tell you that fast is better.
H S Thompson 1937 - 2005
Quote
Old 13 Sep 2008, 19:45 (Ref:2289203)   #35
minimangler
Veteran
 
minimangler's Avatar
 
Join Date: Aug 2004
Wales
Leftfield, somewhere.
Posts: 2,954
minimangler should be qualifying in the top 10 on the grid
Quote:
Originally Posted by Nordic
How long does the circuit or promotor etc hold the rights for any photo taken at a track?

ie if you take a photo 10+ years ago could they still come after you?
I can't see it having a sell by date
minimangler is offline  
__________________
Fred Mackowiecki- the one man I'd love to swap surnames (and talent) with.
Quote
Old 27 Sep 2008, 00:58 (Ref:2298738)   #36
JohnD63
Rookie
 
Join Date: Jul 2008
Location:
Dartford, Kent.
Posts: 32
JohnD63 should be qualifying in the top 10 on the grid
Quote:
Originally Posted by Piglet
The official answer would be that you ask the rights holder to put you in touch with someone who has a commercial licence from them. OR you find a 'tog and ask them to apply for a commercial licence to sell you a print....
Excuse my ignorance but what's a 'TOG'?
JohnD63 is offline  
Quote
Old 27 Sep 2008, 08:23 (Ref:2298828)   #37
redshoes
Veteran
 
redshoes's Avatar
 
Join Date: Feb 1999
Posts: 8,907
redshoes is going for a new world record!redshoes is going for a new world record!redshoes is going for a new world record!redshoes is going for a new world record!redshoes is going for a new world record!redshoes is going for a new world record!redshoes is going for a new world record!
short for photographer
redshoes is offline  
Quote
Old 27 Sep 2008, 23:16 (Ref:2299221)   #38
MikeHoyer
Veteran
 
MikeHoyer's Avatar
 
Join Date: Jun 2004
United Kingdom
Northampton, UK
Posts: 2,748
MikeHoyer should be qualifying in the top 5 on the gridMikeHoyer should be qualifying in the top 5 on the gridMikeHoyer should be qualifying in the top 5 on the grid
Quote:
Originally Posted by JohnD63
Excuse my ignorance but what's a 'TOG'?
It's a really annoying abbreviation for people that can't spell/can't bothered to type photographer. I really hate being referred to as one...
MikeHoyer is offline  
__________________
Renault/MSA Young Photographer of the Year 2006
Quote
Old 28 Sep 2008, 11:44 (Ref:2299428)   #39
Tim the Grey
Veteran
 
Tim the Grey's Avatar
 
Join Date: Aug 2004
Wales
Across the M40 from Gaydon...
Posts: 3,834
Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!Tim the Grey has a real shot at the championship!
Compared to some things you've been called?
Tim the Grey is offline  
__________________
Tim Yorath
Ecurie Llanfairpwllgwyngyllgogerychwyrndrobwllllantysiliogogogoch
Fan of "the sacred monster Christophe Bouchut"...
Quote
Old 29 Sep 2008, 06:04 (Ref:2300028)   #40
Kelvin
Veteran
 
Kelvin's Avatar
 
Join Date: Mar 2001
Location:
Cambridge
Posts: 665
Kelvin should be qualifying in the top 10 on the grid
I thought a TOG was a Terry Wogan Radio 2 listener, as in Terry's Old Gits
Kelvin is offline  
Quote
Old 29 Sep 2008, 15:08 (Ref:2300412)   #41
Happy Snapper
Veteran
 
Happy Snapper's Avatar
 
Join Date: Jun 2004
Grenada
Uplyme, Lyme regis
Posts: 551
Happy Snapper should be qualifying in the top 10 on the grid
Quote:
Originally Posted by MikeHoyer
It's a really annoying abbreviation for people that can't spell/can't bothered to type photographer. I really hate being referred to as one...
That's more polite than I usually call you Mike
Happy Snapper is offline  
__________________
vous tous qui passez ici souvenez-vous
Quote
Old 17 Aug 2009, 19:49 (Ref:2523190)   #42
eigger
Rookie
 
Join Date: Aug 2009
Posts: 60
eigger should be qualifying in the top 10 on the grideigger should be qualifying in the top 10 on the grid
Hi, this is a bit off topic and apologies if i've missed the same question on another thread..... What are the other restrictions imposed by the circuit owners/event promoters regarding 'rights' and what the non acredited snapper may or may not do with photos taken from the spectator side of the fence ? eg non commercial uses such as image hosting websites, photo competitions etc. what about inclusion in a charity calendar ? Is it just a matter of whether money is being made from it ?
eigger is offline  
Quote
Old 18 Aug 2009, 11:31 (Ref:2523620)   #43
Kelvin
Veteran
 
Kelvin's Avatar
 
Join Date: Mar 2001
Location:
Cambridge
Posts: 665
Kelvin should be qualifying in the top 10 on the grid
Lots of people post pictures on websites for pleasure and not gain, & if everyone that used a photo from a race circuit contacted them for permission to do so then they just could not cope with the administration this would create. If it were for a charity calendar then it would perhaps be courteous to inform them of your intentions!

Kelvin
Kelvin is offline  
Quote
Old 18 Aug 2009, 20:08 (Ref:2523919)   #44
redturner37
Rookie
 
Join Date: Oct 2005
England
Nottingham
Posts: 67
redturner37 should be qualifying in the top 10 on the grid
Having read all the above, what rights do I have as a driver to object to my picture being taken. I have never seen anything in application forms saying I have no right to object....
redturner37 is offline  
Quote
Old 18 Aug 2009, 20:29 (Ref:2523933)   #45
mark_l
Veteran
 
mark_l's Avatar
 
Join Date: Oct 2002
England
Posts: 1,646
mark_l should be qualifying in the top 10 on the gridmark_l should be qualifying in the top 10 on the grid
If you object to having your photo taken as you race, my advice is stay in the pit garage with the doors shut.
mark_l is offline  
Quote
Old 22 Aug 2009, 09:01 (Ref:2525977)   #46
lavenlaar
Rookie
 
Join Date: Apr 2007
Australia
Sydney
Posts: 45
lavenlaar should be qualifying in the top 10 on the grid
Quote:
Originally Posted by redturner37 View Post
Having read all the above, what rights do I have as a driver to object to my picture being taken. I have never seen anything in application forms saying I have no right to object....
I as a photographer have been asked this as well. But if you check your sign on for the race meet you will see that there should be a clause about promotion of the track. We as photographers, are "subcontracted" if you will to the tracks/publications where we then either get paid like $30 image in AutoAction in Australia - so for 1 meet and maybe 1 or 2 pics that wont cover the 3 odd days of shooting. We then, should be known to most drivers to be re-directed to our site of phone. Note - if shooting for publication - those images submitted cannot be onsold.

I just got back from a 5 day interstate trip to Melbourne (i gotta make back a bit of dosh here) and sold 4 images as posters, 1 order wanting 12 ! and the rest of images belong to the race category for their website. (i keep copyright).

So for the weekend i came out about $500 up (and a trip away from the mrs )

So - yes we "can" make money. It's all about becoming known within the groups rather than shooting everything.

cheers
Brendan
-Torquing Media -
lavenlaar is offline  
Quote
Old 22 Aug 2009, 11:10 (Ref:2526028)   #47
grantp
Subscriber
Veteran
 
Join Date: Oct 2008
Posts: 6,396
grantp should be qualifying in the top 3 on the gridgrantp should be qualifying in the top 3 on the gridgrantp should be qualifying in the top 3 on the grid
Is that $500 up for 5 days after direct costs?

What about indirect costs - equipment depreciation and so on? Or are they factored in?

Do you have to declare the time away from the Mrs as a benefit in kind for tax purposes?

If so I assume it wuld be based on assessed value - I see a huge tax bill looming .....
grantp is offline  
Quote
Old 22 Aug 2009, 11:31 (Ref:2526034)   #48
JimW
Veteran
 
JimW's Avatar
 
Join Date: Dec 2002
United Kingdom
Worcestershire, UK
Posts: 3,362
JimW should be qualifying in the top 3 on the gridJimW should be qualifying in the top 3 on the gridJimW should be qualifying in the top 3 on the gridJimW should be qualifying in the top 3 on the grid
Quote:
Originally Posted by redturner37 View Post
Having read all the above, what rights do I have as a driver to object to my picture being taken. I have never seen anything in application forms saying I have no right to object....
Almost none. Public place (= ~ place to which the public are admitted). No rights to "protection" in that sense. (Common law may give some protection in a public place if the person concerned was doing something to which they had a legitimate expectation of privacy, e.g. visiting their drug rehab clinic. See recent court cases brought by a celeb. http://www.out-law.com/page-4515)

Regards

Jim
JimW is offline  
__________________
Life is not safe, just choose where you want to take the risks.
Quote
Old 28 Aug 2009, 06:29 (Ref:2529684)   #49
cptkablamo
Veteran
 
cptkablamo's Avatar
 
Join Date: Apr 2006
Australia
Posts: 1,203
cptkablamo should be qualifying in the top 10 on the gridcptkablamo should be qualifying in the top 10 on the grid
Just seen this thread...

I had an instance once where I was hauled over the coals for shooting for a website which allowed some photos to be purchased, despite my photos obviously not being for sale.

Had to then go and prove that I also didn't have a site set up that had the ability to sell photos...

Also know of another site who got yelled at because a photographer that previously was accredited with them went and broke the rules (sold photos to the public without the correct permissions) even though that person was no longer with the publication...

I also remember reading the conditions for a certain series for one event I did - I couldn't post the photos within like 7 hours of the session conclusion...

As for anyone in a pit lane or other place with a reasonable expectation of being photographed - its all fair game. If you don't want your photo taken, don't be a driver/team manager/have a job that others want
cptkablamo is offline  
__________________
Careful. We don't want to learn from this - Bill Watterson
I'd hate to read what the people who hate the sport have to say...
Quote
Old 17 Sep 2009, 18:23 (Ref:2542956)   #50
ianric
Rookie
 
Join Date: Sep 2009
Posts: 11
ianric should be qualifying in the top 10 on the grid
What a sorry state we are in.

Gosh I hadn't realised that club motorsport had got into such a dire place. As an old fart, I remember blagging my way into the 1975 British Grand Prix (I think), then being able to borrow the latest Canon body A1 and 300 lens for a days shooting. That was a good move as I have bought Canon ever since.
I blagged my way into the next 3 held at Brands.
I will not keep this too long but the last time I went to Silverstone for a GP I was accredited through a Sunday mag. They wouldn't give me a trackside pass so I returned it. They made a complaint to the editor. I said, if I wanted a jolly I would say thank you and sit around, however I was there to do a job and that pass did not allow me to do it.

I also did some football until they started this owning the rights malarky. I cannot stand the fact that they have done this to the grass roots stuff. Where will this madness end?
ianric is offline  
__________________
Ianric
Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Walden Motorsport Forced To Sell Or Lease Licence?? thunderbolt Australasian Touring Cars. 27 31 Dec 2007 05:41
Motorsport Photographs olly83 Motorsport Art & Photography 6 27 Nov 2006 14:38
photographs Tiptop Motorsport Art & Photography 5 16 Dec 2003 19:28


All times are GMT. The time now is 07:07.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
Original Website Copyright © 1998-2003 Craig Antil. All Rights Reserved.
Ten-Tenths Motorsport Forums Copyright © 2004-2021 Royalridge Computing. All Rights Reserved.
Ten-Tenths Motorsport Forums Copyright © 2021-2022 Grant MacDonald. All Rights Reserved.