Tokyo Grand Prix! Now at FencingPhotos.com

[Timacheff]

Images from the recent Prince Takamado Trophy Cup in Tokyo (women's foil grand prix & men's world cup) are now posted at www.fencingphotos.com.

And, yes, the much awaited photos from the Granbassi - Gruchala match are included ... along with many more images of Gruchala in other events, such as her spectacular come-from-behind win for the team foil final against France...

Serge

[Purple Fencer]

That #3 shot of Al Carter nailing his opponent is one of the best action shots I've seen....GREAT shot!

[Timacheff]

Thanks ... Al did well in Asia!


Serge

[_fence(1)]

Serge, I'm just wondering - are you getting model releases from all those people that you are taking pictures of?

[Timacheff]

For any sport/news event, model releases are not required for athletes and others performing/appearing at public events. Sports and events photography, in this way, is a form of photojournalism ... these are not private photo shoots or private events. Plus, as the official photographer for the FIE, the athletes also give their default permission for the organizations (local, international) to publish, sell, and use their images.

Direct product and publicity endorsements are another matter when it comes to using these photos, however. Then you do enter into the realm of model releases, contracts, and the like.

Serge

[Timacheff]

Here's a link to a very good discussion on this topic, if you're interested in reading further. I also cover it in my photography books (available on Amazon, BN, etc.):

http://www.danheller.com/model-release.html

Serge

[BoutAfrica]

Originally Posted by Purple Fencer

That #3 shot of Al Carter nailing his opponent is one of the best action shots I've seen....GREAT shot!

Just spotted a little error:
That gallery is of Meguro (the top Junior foilest in Japan) but not the one "Chris Jones vs Meguro". Don't know who that is.

[Timacheff]

Great catch! Thanks ... the fencer from Japan is Ishiyama. I've now fixed it.

Serge

[_fence(1)]

Originally Posted by Timacheff

For any sport/news event, model releases are not required for athletes and others performing/appearing at public events. Sports and events photography, in this way, is a form of photojournalism ... these are not private photo shoots or private events. Plus, as the official photographer for the FIE, the athletes also give their default permission for the organizations (local, international) to publish, sell, and use their images.

Direct product and publicity endorsements are another matter when it comes to using these photos, however. Then you do enter into the realm of model releases, contracts, and the like.

Serge

Serge,

I understand the athlete part. What about the visitors/bystanders/etc? My understanding is that you don't have to get the model release form if you are using it as part of "editorial content", but what about selling photo t-shirt, calendars, coasters etc with their images (i.e. commercial use)? Take this one for example

As far as I understand, it is not an editorial use and should not be sold without proper model release.

Do you see my point? Or am I wrong?

[Timacheff]

I do see your point. However, if you're at a public event, in a public crowd, etc. you're part of the scene and the image can be used from a photojournalistic standpoint. People in crowds or who are unknown but become injured or noticed in some way get published and their images are sold all the time. Where it becomes different is when it becomes a commercial endorsement. But so if an unknown fencer or even a fencer's brother, sister, or friend happens to be at a big tournament watching someone fence, they have become part of that event and may possibly appear in a photo that a sports photographer may take and use in some way, shape, or form. By coming into public, they've essentially given their permission for this to happen.

The images we do are photojournalistic. The medium upon which they are printed (e.g., a print vs. a coffee mug) doesn't bear upon this as long as it's not an endorsement. Whether you're selling a newspaper with photos or selling an image on a "media" site (which we are), then it's all pretty much the same. Many photo/sports journalists publish images that get printed in many ways. At big events (e.g., a large soccer or baseball game), you give permission for them to use your image in almost any manner conceivable (including endorsements) by simply buying a ticket. My photos may end up in any of various magazines, on Corbis, on the Web site, and elsewhere; this is pretty common for photographers such as myself in other sports and pursuits. Getting model releases is only done when there is a commercial endorsement at stake or it's a private shoot, as I've already indicated.

One other thing ... mostly, the t-shirt, coffee mugs, etc. are used personally, especially if they're of non-fencing action. We rarely print these in bulk, and when we do, it's of an exceptional fencing image -- not of a bystander, etc. So we're not going into production on photos of bystanders. One exception to this might be the one of the guy with the sunglasses where you can see fencing action in the reflection ... but that is also different because he is not recognizable.

The journalist has an ethical obligation to use the photo in a proper manner. This is the matter of some "free speech" debate, but it's how I approach it. If I'm taking fencing and environmental shots at a big fencing match, then I wouldn't be placing the photos of individual as friends on MySpace.com, for example, or using them in a way that misrepresents where, what, or who they are. However, there are people who believe that is perfectly acceptable. I'm just not one of them.

That said, if someone objects to their image being displayed on the site, I would probably be OK with taking it off unless it had a very specific purpose or was an important shot for some reason. To be honest, I haven't had that happen with the exception of one rather minor NCAA issue, which we easily resolved. I've found that if you're reasonably ethical and you treat people with respect, you get the same in return (!)

The image you used as an example are two of the people the Japanese Fencing Federation was using for carrying medals during the various awards ceremonies. So they were actually part of the "show," if you will, so they were very aware that their photo was being taken and used in many ways.

I hope this helps explain my perspective and how I understand that this works. I'm not an attorney, but I've dealt with photojournalism now for about 30 years and your question is a fairly common one. Virtually every photographer, ranging from National Geographic to local newspaper shooters, get this asked of them from time to time.

Let me know if this answers your question, and/or if you have any other ones.

Serge