[freeridefool]

This thread should probably be in the lounge but I really only look here in downhill so here goes.

A local photographer took a really good photo of me about a year ago in a local race. I even bought a couple of them. The problem now arising for me is this photographer is using that picture of me as his logo... on his web page, business cards and brochers.

Now I do not want money of any sorts, but Im bothered that Im not being named in the photo. And mainly that he is using a photo of me as his logo. Sure I was flattered when I saw that he made posters and put them up at local shops. But I feel like the logo was a step too far.

Should I be as bothered as I am by this? Im not trying to sound bitchy, cause Im not. I just would like other riders oppinions and I know there are many photographers that post here.

And a link to his site... Me in the lens, top left.
http://geoffdavisphotography.com/index.html

 

[ianjenn]

I am no expert and 90% of images I shoot are done in house but my basic understanding is promotional and money making use typically require a model release.

"The rule of thumb is that editorial usage (book,
magazine illustration) does not require a model release; but advertising,
promotion, endorsement usage always requires a model release. It's
understandable why there is confusion, when so many editorial photo editors
in the Photographer's Market directory, say that they need a model
release."

Found that online......not sure it helps you. Search Model release online and its needs for various uses.

 

[cyclenski23]

As a new photographer myself...my 2 cents

He probably should have asked permission, or at least said he was going to, or offered you 1 free photo. But only as a courtesy. Also, if he is only a hobbyist vs an actual professional (i.e. he either has an LLC or corporation or doesn't have file taxes for his photography) then he really doesn't have any legal obligations to let you know, and in some cases, the waivers you sign as races releases you from and legal right to have yourself out of photographs.

On the other hand, being at a race, it is expected that people will be taking your picture and i think you should be flattered that he thought you looked cool enough to be on the cover of this and that. I would just not worry about it....its free publicity for you ( you could send his website to potential sponsors and be like, bam, im on the front page).

Not a big deal dude, feel good about yourself, if you should be getting money for being on a card or something then you will be paid, otherwise, take in your 10 seconds of fame, since some never even get the shot.

 

[Patrick L]

sorry but if a photo is taken in public, the photographer doesn't owe you ****, same with video. just think of the paparazzi in hollywood, or all the people outside in NY during the Today show or whatever its called.

 

[freeridefool]

As a new photographer myself...my 2 cents

He probably should have asked permission, or at least said he was going to, or offered you 1 free photo. But only as a courtesy. Also, if he is only a hobbyist vs an actual professional (i.e. he either has an LLC or corporation or doesn't have file taxes for his photography) then he really doesn't have any legal obligations to let you know, and in some cases, the waivers you sign as races releases you from and legal right to have yourself out of photographs.

On the other hand, being at a race, it is expected that people will be taking your picture and i think you should be flattered that he thought you looked cool enough to be on the cover of this and that. I would just not worry about it....its free publicity for you ( you could send his website to potential sponsors and be like, bam, im on the front page).

Not a big deal dude, feel good about yourself, if you should be getting money for being on a card or something then you will be paid, otherwise, take in your 10 seconds of fame, since some never even get the shot.

I am very flattered. And its not about money. Im his logo and thats what bothers me. I really dont even know why.

 

[cyclenski23]

sorry but if a photo is taken in public, the photographer doesn't owe you ****, same with video. just think of the paparazzi in hollywood, or all the people outside in NY during the Today show or whatever its called.

i agree, while it may be a nice gesture to do something for you, there would be something in return expected (i.e. you would market for him or buy stuff solely from him, etc)

 

[gemini2k]

Here's the best advice you'll get in this thread, no question.

1. Be happy he used you, I think 99% of the people on here would just say "Awesome! A picture of me riding that lots of people will see!"

2. If 1. isn't enough for you, ask him to score media discounts on parts for you, they are better than EP.

3. If 2. isn't enough for you, get a life. I'll give this guy some pics of me to use for nothing.

 

[ianjenn]

Look at the form you signed at the race typically they just say event shooters are taking your images. They key below is to SELL OR PROMOTE A SERVICE. Thats what is being done. Now I think he can alter the file with PS work and be okay. I wouldn't much care myself either. Hit em up have him shoot you and your crew at local trails?

"When Is A Model Release Required?

Whenever an image of a recognizable person is to be used to advertise, sell or promote a product or service, a written release is required. Even editorially you may need a written release, specifically if the photo is used out of context. Obtaining a signed model release will only help us license your pictures. "

 

[Transcend]

You were shot in a race. Look at the race registration, most forms absolve you of any sort of rights to your image from said event for editorial usage.

If the image is in ANY way retouched (art), or if you aren't easily recognizeable (and with goggles and a full face you aren't) then he can pretty much do whatever he wants. Sorry, dude.

 

[Transcend]

sorry but if a photo is taken in public, the photographer doesn't owe you ****, same with video. just think of the paparazzi in hollywood, or all the people outside in NY during the Today show or whatever its called.

Not true. Editorial usage and commercial usage are different.

 

[-BB-]

Not true. Editorial usage and commercial usage are different.

Id trust Transcend on this one. I'm sure he has looked into it in detail considering what he does for a living.

 

[ianjenn]

You were shot in a race. Look at the race registration, most forms absolve you of any sort of rights to your image from said event for editorial usage.

If the image is in ANY way retouched (art), or if you aren't easily recognizeable (and with goggles and a full face you aren't) then he can pretty much do whatever he wants. Sorry, dude.

Yeah that makes sense. The whole being able to recognize someone is sort of a hard fact to nail down, but for a non big name person it would be an easier line to draw for sure.

 

[norbar]

Not true. Editorial usage and commercial usage are different.

yep.

Also the paparazzi argument is silly. People have no idea how often they submit great photos and no magazine wants to pay (even if their ordered them) because the "star" is sue happy.

 

[IH8Rice]

Also the paparazzi argument is silly. People have no idea how often they submit great photos and no magazine wants to pay (even if their ordered them) because the "star" is sue happy.

its still perfectly legal to take pictures of someone out in public.
hell, my brother made a ton of money from magazines taking pics of celebs that werent in public

 

[norbar]

its still perfectly legal to take pictures of someone out in public.
hell, my brother made a ton of money from magazines taking pics of celebs that werent in public

Yep but you can still drown someone in legal fees As for not public - that depends on the celeb. They are often worth a lot but if the celeb is in a bad mood they can cockblock the photo publishing.

 

[w00dy]

He probably doesn't remember who you are. I'm sure he wouldn't mind giving you rider credit. That always legitimizes the look of a page for me.

As for legal recourse, I'm have to believe you're out in the cold.

 

[Kevin]

Whatever you do, dont contact the actual person involved in this!

 

[freeridefool]

Thank you transcend. I want to be clear that I never said anything about legal recourse or even wanting my name on the shot. I was asking how riders would feel about being in some guys logo.

I have sent him an email and havent gotten a reply as of yet.