Can I sell?

brncr6

If I take a photo at a race track, say a nascar event of the # 24 car going around the track, can I sell it? Say like this one.

Khaos

If NASCAR is like any other sports league, I'd say no. If this was at an event that you had to purchase a ticket for, it probably would of stated something on the back of the ticket.

dogwood

Khaos wrote:

If NASCAR is like any other sports league, I'd say no. If this was at an event that you had to purchase a ticket for, it probably would of stated something on the back of the ticket.

Though you probably can't sell it for a commercial purpose, you may be able to sell it for an editorial purpose. The line there is a bit sketchy these days-- a recent bookcover photo was ruled editorial usage in the USA after a court challenge... so sometimes the law isn't always clear until it's challenged. In the case of the back of ticket stating the rules, even that isn't 100 percent defined in court. Sometimes it's a valid contract, sometimes it's not. All depends on how good your lawyer is-- just ask OJ about that!

Pixoul

Venue policies aside, read up on model releases, property releases, and trademarks in photographs. Every photographer selling photographs needs to read these as a starting point:

Model Release Primer:
http://www.danheller.com/model-release-primer.html

The Model Release (specifically section 8.2 Property Releases):
http://www.danheller.com/model-release.html

Photography and Trademarked (and Copyrighted) Subjects:
http://www.danheller.com/biz-trademarks.html

I realize that by asking your question in a forum you want a simple yes/no answer but you need to be fully aware of the issues involved with selling photographs. Read the above three pages in full, read them again, and then come back with any questions.

Edit: Property releases also apply to race cars, not just real estate as used as an example in the above tutorial.

kschmeits@charter.net

Can I sell?
You can do anything you want to do...
However...

I believe that the only ones that have the rights to sell the NASCAR photos are those that have a legal arrangement with NASCAR. I believe those photographers that have the arrangement have agreed to a yearly royality payment/fee for that right to sell those photographs.

I have seen people selling stickers/logos and such on Ebay... and they get cease and desist letters from lawyers of those they are infringing upon... like Tony Stewart/Home Depot.