Legal Question Sports Stadiums

Jpos · Jul 2, 2008

Hi All,

I was wondering what is the restrictions on photography and selling photos of Sports Stadiums?
I do a lot of Art fairs and see people selling photos of stadiums, for instance Wrigley Field here in Chicago.
They seem to sell well but I've always stayed away from them because of Copyright fears.

Any thought?
Jerry Pos.

Jeff Canes · Jul 2, 2008

If they where taken outside of the stadium in public areas they should be with in their rights, the way I understand is that under US laws architecture copyright/trademark(?) only applies to coping the design on to another building

link to the US copyright office, hunt around you should find your answer
http://www.copyright.gov/

Jpos · Jul 2, 2008

Yes but I thought the front of the stadiums, like Wrigley field were protected by trademark??

pm63 · Jul 2, 2008

I'm pretty sure that they can't protect the front of the building by anti-photography trademarks. If you and your camera are on public property, there shouldn't be a problem.

Jpos · Jul 2, 2008

Great, i'm going stadium hopping this weekend! Thanks!

henkelphoto · Jul 2, 2008

While it's not illegal to take a photo of the front of the stadium, you might have a problem with making a profit off of their building without their consent. I'm sure they sell photos of the stadium and they might not like your cutting into their profit margin.

Jerry

Jpos · Jul 2, 2008

henkelphoto said:
While it's not illegal to take a photo of the front of the stadium, you might have a problem with making a profit off of their building without their consent. I'm sure they sell photos of the stadium and they might not like your cutting into their profit margin.

Jerry

Well that's my concern. How do I find out for sure?

Overread · Jul 2, 2008

Contact them

make sure to outline clearly your intentions for the photos.

travelerb · Jul 3, 2008

I wouldn't think it would be a problem to take a photo of the outside of a stadium, from a public vantage point. The issue is taking a picture of the stadium from the inside (like the full panoramic shots that seem to be popular). The stadium isn't "public" like a sidewalk. When you enter the building, you do so under the stadium's terms. This is done through a license, which is what a ticket to a game really is - a license to enter during specified times and see whatever goes on. The terms of that license really vary from stadium to stadium (or arena, amphitheater, etc.). For example, if I go to a Braves game in Atlanta, I am allowed to bring in my own food and non-alcoholic beverages (no glass containers). If I go to a Falcons game, outside food and drink are not allowed. Different vanue, different terms.

I doubt, in this circumstance, those exact terms matter. Most, if not all, stadiums do not allow photographs to be taken inside for commercial use as a default. Of course, press photographers have a different license to enter, and can do so.

The short answer is you should get the stadium's express permission to take photos inside and use them for commercial gain.

Jpos · Jul 3, 2008

Thanks travlerb, I think you're right about the inside shots. I do see a lot of them put I think they say license MLB. I think the outside should be fair game. I'm sure if I contact them, they'll say no out of general principles.