Q: Are release agreements needed from the people and institutions of photos I took to be used in a potential movie?
I was approached to use my images of people on the field at a sporting event for a potential movie. The images were taken several years ago and were on my website. I do not have a release agreements from the individuals nor the institutions they represent. I own the images. However, I do not want to face legal issues by the individuals or institutions for use of the likeness in a movie.
A: That's a difficult situation. It really depends on what is shown in the photos as far as brands/products and the context in which the images were created. Most likely, the company seeking to use the images would need to get their own release for showing the brands in the movie. But if the movie is a documentary, it might not be necessary since it could be considered a fair use. You might also face the same dilemma for having the images on your website, depending on the nature of the site. Now, with regard to the people, the place where the photos were taken may or may not provide you with the ability to use the images without their consent. Often, a sporting event ticket includes a waiver/release for use of likeness. But that release is usually only in favor of the venue and their agents. Were you a licensed photographer at the event? What does your event ticket (or press pass) credentials say? Consulting a copyright and trademark lawyer would be a wise investment if the images are valuable, or you are a professional photographer or have other images that the advice you get might be helpful besides this particular situation. No matter what you do, if you do license the images to the movie studio, be sure to include in any agreement at least two provisions: (1) No warranty of non-infringement, and (2) indemnification for you form the movie makers. Good luck!
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