I have a photograph of a famous Jockey that I transformed into a fine art print. It is hanging in a local gallery. My question is...am I allowed to sell this image as a fine art print? No other commercial use being contemplated. The subject is very recognizable. Thanks for any thoughts!!

Craig,

I would be concerned about not having a model release.

If you use his image in a way which he does not find agreeable, he could sue you. Only he has the right to manage how his image is used commercially.

That's my understanding. I'm not a lawyer, nor do I play one on TV...

I guess the biggest question I have is what were the circumstances that you got the photo? A release might not be necessary depending on the circumstance. I've shot some pro sports games and I know that I can't use those for any kind of sale whatsoever. I can use them for my portfolio or web site but not for sale or any kind of profit from the photos taken.

Good questions. This is a gray area: In GENERAL a model release is not needed for editorial use [I'm not sure that I want to be in court defending my opinion of editorial!] Rosemary is right. Any 'commercial' use requires a model release. Your website COULD be considered commercial because it is advertising your business. Personally I wouldn't post any image on my site without a model release--I probably wouldn't sell [or LEASE] an image without a release either. Tough call. Remember...a model release won't necessarily keep you from being sued, but it may help keep you fromm losing a law suit!

Steve,
What's the difference in selling print of a sports star in a gallery or on a website and selling the picture to a magazine wo may makeup some story to go with the picture?


StephenDantzig:
Good questions. This is a gray area: In GENERAL a model release is not needed for editorial use [I'm not sure that I want to be in court defending my opinion of editorial!] Rosemary is right. Any 'commercial' use requires a model release. Your website COULD be considered commercial because it is advertising your business. Personally I wouldn't post any image on my site without a model release--I probably wouldn't sell [or LEASE] an image without a release either. Tough call. Remember...a model release won't necessarily keep you from being sued, but it may help keep you fromm losing a law suit!

Here is my simple answer: I don't do ANYTHING [besides sell commissioned portraits or portfolio prints] with an image without a release. I cannot be any clearer on this one [note: this is my opinion--for my business]