One photographer wonders whether photos he has taken during hundreds of motorsports events can be used for an instructional CD or Web site.

Steve in Alabama writes:

Hi:

This question is about fair use.

I shot pro supercross/motocross for 10 years. I quit this year due the travel costs and the economy. I was thinking about making an instructional CD, or a site, or both, about how to shoot motorcycle racing photos.

Can I use my own photos from these races under fair use, and not worry about the promoters from the racing series claiming “ownership?”

To shoot each series I did, we had to agree to limit the distribution for “editorial use.” The control of this was lax, but I know for example photographers got a lot of grief when they tried to publish a “coffeetable book” or a calendar, for example.

I don’t want any hassles so I thought I would see what you know about this. 

I did about 450 events so I have quite a library I’m not doing anything with.

Thanks in advance.

 

Hi Steve-

Thanks for your question.

Allow us start with this: Before you get too far down the road with this type of project, you’ll want to consult an attorney specializing in copyright issues. That way you can be certain you’re not investing a bunch of your time and energy into a project that doesn’t end up panning out.

Most of the time, the answers to legal questions can be found either tied to or on the back of the media pass you used. After analyzing this language, a copyright attorney should be able to give you a solid answer.

While we certainly aren’t lawyers and no one should take this to be any kind of legal advice, we can say that it sounds as though what you’re planning is educational in nature, and most of the time this falls squarely in the category of editorial use. Editorial use typically allows for use of the image in order for you to document your ideas.

One attorney we know of who specializes in working with photographers is Carolyn E. Wright. You can learn more about her services at www.photoattorney.com.

Thanks again for your question, we wish you the very best of luck, and let us know how it pans out!

 

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