Aerial Photo Copyright Question
09-07-2010, 12:36 PM
#1
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Joined APC: Aug 2010
Position: CFI
Posts: 13
Aerial Photo Copyright Question
I went up on Sunday and got some great pictures of the ECU vs Tulsa game. However I was wondering if I had to have permission from the school to sell them because of the college logo on the field? Any ideas?
09-07-2010, 02:06 PM
#2
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Joined APC: Aug 2008
Posts: 277
There are a couple of aerial photography websites up right now that are selling sports field logo pictures. I'm not sure on the legality of selling them, but if they're able to keep their website open then I guess it probably is legal. I didn't see any copyright or legal text on the sites either.
09-07-2010, 03:54 PM
#3
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Joined APC: Sep 2009
Position: E-175 FO
Posts: 72
Generally speaking, any photograph taken in a public place is always:
- copyright to the photographer
- sellable by the photographer
The onus is usually on the 'publisher' to clear any model release, etc, as it's the -use- of that logo in context that might constitute a tort of defamation/etc.
Disclaimer: I am not a lawyer, and this is not legal advice; I have researched this in the past, and was led to a solid conclusion. That doesn't mean there isn't some specific case law that pertains to aerial photography that invalidates the whole thing, however unlikely that seems. The law is precedent based and can be very stupid.
~Foxy
- copyright to the photographer
- sellable by the photographer
The onus is usually on the 'publisher' to clear any model release, etc, as it's the -use- of that logo in context that might constitute a tort of defamation/etc.
Disclaimer: I am not a lawyer, and this is not legal advice; I have researched this in the past, and was led to a solid conclusion. That doesn't mean there isn't some specific case law that pertains to aerial photography that invalidates the whole thing, however unlikely that seems. The law is precedent based and can be very stupid.
~Foxy
09-13-2010, 09:32 PM
#4
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Joined APC: Jun 2008
Posts: 206
it's perfectly legal...but you couldn't watermark the image with the teams logo
as long as you were in a publicly accessible area and didn't break any laws or regulations to take the pictures, they are your's to do what you wish with.
as long as you were in a publicly accessible area and didn't break any laws or regulations to take the pictures, they are your's to do what you wish with.
09-15-2010, 06:32 PM
#6
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Joined APC: Jan 2010
Posts: 18
Originally Posted by jmaness12
So I can sell them??
maybe!
I'm a pilot damnit, Jim! not an attorney! (J/k that reminded me of when Doctor Mccoy told Captain Kirk! "I don't need a doctor, damn it, I am a doctor!")
10-01-2010, 02:54 PM
#7
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Joined APC: Jan 2009
Position: Flight Dipatcher for very large 121 carrier
Posts: 158
registering them with the copyright office is not necessary to sell them. the school and ncaa could probably come after you if they wanted to since you are profiting off of their logo.... you are free to sell for editorial use like in a magazine, website or some of that nature...but again for editorial use... but remember the ncaa and school probably already had their logo registered. they would probably frown on you selling the images in a nationwide chain for profit without them getting a cut.
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