Model Release for Sports Photography

[mdsoares]

Hi all. I have a few questions regarding the ever confusing model releases.

I am ramping up my own part time photography business, Fast Glass Photography. I've just registered my DBA with the county, and go a Federal Tax ID. I'm currently building my website.

My main interests, and what my business is focused on, is Sports photography (child and adult), and candid portraits. My questions here revolve around the sports photography.

I know that if I take a photo of a pro or college athlete I need a model release from the team or league or player to use the image for commercial purposed. In my understanding that would include pamplets, flyers, or selling the photo to be used in advertisements.

My questions are then...what about as "art". Is a model release required to sell the prints to private citizens as art? ie. Someone like a photo of a pro hockey player I took at an open practice and wants to buy a print to hang on their wall. Do i need a model release for this as it is being sold as "art"?

My next question is then, is it ok to use these photos without a release in my portfolio on my website. This seems a gray area to me becuase I'm not directly using it for commerical purposes. It's just part of my portfolio on my website.

I'm in New York State and the photos I'm refering to are of both professional and college athletes. They were taken on both private and public property. Those taken on private property were at places open to the public, and cameras were allowed.