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2003 Outdoor Nat'ls - Images for Sale!?!?

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  • 2003 Outdoor Nat'ls - Images for Sale!?!?

    FYI - If you were at the '03 outdoor nationals, your picture might be for sale at this site:

    http://www.purepowermag.com/gallery/03t ... ndex_9.htm

    Are you getting a share of the proceeds....? We're not! My reading of California law Civil Code ยง 3344(a) suggests that this is not ok!

    "(a) Any person who knowingly uses another's . . . photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, . . . . without such person's prior consent . . . shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, . . . the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of . . . ($ 750) or the actual damages suffered by him or her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages..."

  • #2
    Re: 2003 Outdoor Nat'ls - Images for Sale!?!?

    I have a silly flip side to your question:

    Track photos are for sale at every indoor, outdoor, invitational and championship meet. The photos are recorded on a photograph which a timing device operator provides to the head finish evaluator to select the winners of races. Athletes compete, I pay, and everyone come out winners: we get results in this case. Though the meet director is not selling the recorded photo, they are still selling an entertainment service to the public which involves an athlete:s photo. That is why we call it "photo finish".

    Are we to ban all photographic equipment from athletics meetings? You would have a bland TFN with no photos.

    To help further the argument (in your favor), here is a good pdf file on public photo taking at sporting events. The author:s conclusion: it depends on a number of factors.

    http://www.popphoto.com/assets/download/57200311838.pdf

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    • #3
      Re: 2003 Outdoor Nat'ls - Images for Sale!?!?

      http://stuff.runjumpthrow.com/gimmedollars.jpg

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      • #4
        Re: 2003 Outdoor Nat'ls - Images for Sale!?!?

        My general take on this is that if you are competing in a track meet you are making yourself a public figure and as such you're fair game. Given what the papparazzi (sp?) can get away in stalking celebrities in private, hard to imagine that this would be in any way illegal.

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        • #5
          Re: 2003 Outdoor Nat'ls - Images for Sale!?!?

          Generally, the entry form for any athletic competition states that any recordings of the competition and its competitors is owned solely by the organizers. They can do whatever they want to witht he recordings (audio &/or visual) based upon you agreeing to compete.

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