Do we need a waiver of some sort?

[Twstlok]

Hi all,

I thought I'd throw this question out here as a starting point. If we're going to be starting up a website to advertise for sports photography, would we need some sort of consent form from each person that is pictured on the site?
There's more to my question than that but in general, if you use someone's photo (that you took during a sporting event) as a display at your booth or website, do you need special permission?
I look forward to hearing from you. For what it's worth, I'm in the San Francisco Bay Area in case laws differ from place to place.
Thanks!

[Deox]

i'm pretty much positive that you don't need to, but it's curtious to.
celebrities don't permit pictures of them that are really unpleasant and revealing to be published, yet they are...i read that anyone in a public place can be photographed and used in anything...
tv, is a different case

[Twstlok]

I actually meant to add something that you touched on. Basically I'm curious about the legality of it and I'm curious about the proper etiquette of it.
I certainly wouldn't use an unpleasant photo of someone as an example of my work. But even if I display great pics of some kid playing ball, I wouldn't want a parent to come up and threaten legal action for using their kids' picture in any way, shape or form.
Thanks for the time in responding!

[Deox]

yeah, i can't really elaborate for you, but the picture rights are yours, and if they are taken in a public place, it can be of anything you want and can go wherever you want.
i know that you want the actual facts though, but i cant supply those, so, goodluck in your search

[OsmosisStudios]

If it's in a public place, and the individual has not obviously singled themselves out in some way, then they're fair game. Even children.

It's generally a good idea to get a simple model release (there are millions of examples online) just in case, as it offers a degree of security and makes you seem both courteous and legitimate.

[waffles]

Originally Posted by Deox

yeah, i can't really elaborate for you, but the picture rights are yours, and if they are taken in a public place, it can be of anything you want and can go wherever you want.

Not exactly. Using the photographs to advertise your business means that you would be using the photographs for advertising. And you can't use a person's image in an advertisement without their consent, or in your case the consent of a legal guardian.

You could sell the prints, although that might not be the nicest thing in the world to do.

You can certainly take the pictures.

[Twstlok]

Deox, no worries, I appreciate your time!
Os & Waffles, thanks!
The pics on display would be shots taken during games and then the contact sheets would be put on display for the player, or parent, to see if they wanted to purchase it.
Now, if I processed the photo and put that player in a nifty poster template or magazine cover as an example of what's available, I would certainly get that person's (or parent) approval.
Thanks for your time!