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SportsShooter.com: Member Message Board

High School athletes - Parental approval and/or NCCA problems?
Bob Nichols, Photographer
Tipton | IN | USA | Posted: 4:02 PM on 08.03.14
->> I have been contacted by the sports medicine department from a local hospital. They are requesting a photo from a high school team I shot to use in the following way.

"My goal is to crop it like this one: (cropped just showing outstretched hands holding trophy) And hang a photo in our facility, like a goal for our athletes that train with us."


Here is the part I am asking SS to weigh in on.

"No faces would be part of the photo, which eliminates the need to get approvals from families and/or worries about NCAA rules violations."


Is this gentleman worrying about nothing? Am I wrong when I say I don't see this as commercial use? They are not selling a product or using it in an advertisement. It was taken in a public place and will be used in a private place.

Thoughts?

Bob
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Jim Karczewski, Photographer, Assistant
Hammond | IN | USA | Posted: 12:07 AM on 08.04.14
->> Commercial use is a good question. I know in Indiana, every sports players parent signs a photo release as part of their participation in sports so they news outlets don't need to get them to publish the photos. At the same time, some publications sell those photos, so would that not be commercial?
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Mark Peters, Photographer
Highland | IL | USA | Posted: 7:43 AM on 08.04.14
->> I would also have a question about the need for a property release for the trophy if it is identifiable - especially if it contains a copyrighted logo for the state association. I don't think it is clear that a business hanging a photo on its premises -especially one designed to motivate its clients - is not commercial use.
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Tim Cowie, Photographer, Photo Editor
Davidson | NC | USA | Posted: 8:39 AM on 08.04.14
->> No NCAA violations.
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Sam Santilli, Photographer, Photo Editor
Philippi | WV | USA | Posted: 3:43 PM on 08.04.14
->> You should do the PS work, making sure the trophy is unidentifiable. Make it as stock as you can.
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Thread Title: High School athletes - Parental approval and/or NCCA problems?
Thread Started By: Bob Nichols
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