A question or two on Advertising...

[masdog]

The recent business I had as photographer for a local college seems to be coming to an end. The relationship has been rocky since my (unpaid) internship came to an end and I told them they had to pay me to retain my services. Without going into too many details, they seem to be avoiding me about making arrangments for next year and whether or not they will allow me to sell the photos I have taken over the previous year (which was originally their idea since there was some demand for it from some parents and the athletes themselves).

So I was thinking about expanding my business. I have contact information for 23 different colleges and universities, and I would like to send them something as an advertisement.

I was thinking about using a simple business letter to get in contact with these schools. How effective is one? Are their any tips on what I should put into a business letter? Since I've mainly taken pictures at NCAA events, I can't use any of them in an advertisement as it could effect the player's eligability (which also wouldn't look good to potential clients).

[Ronnoco]

. Are their any tips on what I should put into a business letter? Since I've mainly taken pictures at NCAA events, I can't use any of them in an advertisement as it could effect the player's eligability (which also wouldn't look good to potential clients).

O.K. I am not American, so I don't understand about NCAA events, but I would consider using a shot where with a little assistance from Photoshop, I could make the individuals unidentifiable. After all, you are emphasizing the type of action shot that you can take,....who is in the shot is irrelevant.

Ronnoco

[Asylum Steve]

masdog,

Sending potential clients or employers samples of your work as a direct mailing is considered self-promotion, and the legalities are very different than if you used your sports photos of amateur athletes in actual advertisements such as magazine ads or billboards, etc.

Ok, this is not legal advice, but generally speaking, any type of photographer can send out portfolios or samples of pretty much any type of work and not have it considered commercial use. For example, a photo journalist can put tear sheets (samples of published work) in a portfolio and show it (or send it) to other publications and not have it considered commercial use of news images...

If your sports shots are not advertising a commercial product or service, you are free to show them to others (which is really what you're doing) to try to get work...

BTW, Ronnoco's advice is good. If you're really worried about identifying individual players, it's not hard to add photoshop style or edit your pics to change them slightly so the subjects look more generic...

[masdog]

AS,

That is along the lines of what I was thinking. I was considering sending a copy of my portfolio, on CD, to the individual schools. I'm just concerned that if I start putting the images into flyers or brochures with a Massey Photography logo on it that list my services, I will be violating NCAA regs. and turning off potential customers. I guess it is better to play it a little safe in those regards.

[Asylum Steve]

I'm just concerned that if I start putting the images into flyers or brochures with a Massey Photography logo on it that list my services, I will be violating NCAA regs...

...it may be worth your while to consult with an attorney, preferably one familiar with amateur athletics and the NCAA rules.

Seems there is a lot at stake here, so any costs could be considered an investment in your business (and would most likely be tax-deductable).

But I can almost guarantee that you have the right to promote your business by sending out samples of your work, no matter what that work is.

Think about it. Sports Illustrated covers amateur athletics all the time. And those photogs most certainly use the shots in their portfolios, on their web sites, and in self-promotion mailings.

Sure, there may be a line. You just need to find out how far you can go without crossing it...

[Sebastian]

Masdog,

You are right to be concerned. Many students on sportsshooter.com received cease and desist letter from the NCAA for having student athlete photos on their SS portfolio pages. NCAA rules expressly prohibit using the student image for promotion, and as such an agreement was reached with the SS management where the "available for freelance" portion of the portfolio sites was removed to make it seem less like the pages were for promoting commercial interests, namely yours as photographer.

It goes against fair use, but if you want to shoot their events, you have to sign their agreement, which means you can't use the images for your own promotion.

Honestly, it's not very limiting. Action can be had anywhere, and all good editors don't care WHO the shot is of, as long as it's a good shot.

[Sebastian]

Think about it. Sports Illustrated covers amateur athletics all the time. And those photogs most certainly use the shots in their portfolios, on their web sites, and in self-promotion mailings.

Even their use has received scrutiny, and compromises had to be made. This whole trend of organizations trying to control every aspect of their media exposure is really a slippery slope.

[Asylum Steve]

I always hesitate to give (what may seem like) legal advice in this forum, so I really try to keep it general until someone who has more specific info adds it to the mix.

Obviously, any sports (or news) shooters need to be very aware of image use restricitions like the ones you mention.

But, as you say, it should not be a dead end to promoting yourself, but rather just an obstacle that you have to learn to get around...

[Ronnoco]

[QUOTE=Asylum Steve]I
Obviously, any sports (or news) shooters need to be very aware of image use restricitions like the ones you mention.
QUOTE]

Just to point out, Steve, there are fewer image use restrictions for news shooters than any other type of photographer. Among other things, I also do news shooting.

Ronnoco

[JSPhoto]

masdog,

You can use whatever photos you want as part of a portfolio to send to potential clients. You are not selling them, and therefore are making money off them, they are only examples of your work. It doesn't matter either if you use them as prints or on a CD.

BTW, there are a few papers up your way looking for photogs.

JS

[BLS439]

masdog,

You can use whatever photos you want as part of a portfolio to send to potential clients. You are not selling them, and therefore are making money off them, they are only examples of your work. It doesn't matter either if you use them as prints or on a CD.

BTW, there are a few papers up your way looking for photogs.

JS

Not to steal a thread, but it kinda flows with the original topic. As far as putting a portfolio together...you can use any image you take to show "examples" of your work. However, you couldn't sell or resell them if the photo rights belonged to the school/employer? This is the understanding I have from the posts.

Also, you talk about sending out a portfolio. Do people blanket the market with their portfolios to get their names out and gain recognition?

Last question about this I promise! What's the best format for a portfolio, CD of common image file types (.JPEG/.TIFF) or an actual book of prints?

Thanks and sorry to hijack the thread a bit.

--Dave

[Ronnoco]

. However, you couldn't sell or resell them if the photo rights belonged to the school/employer? This is the understanding I have from the posts.
--Dave

Whether the photo rights belonged to the school/employer however depends on the original circumstances under which you took the photos. Don't necessarily assume that the rights belong to the school/employer.

Ronnoco

[masdog]

O.K. I am not American, so I don't understand about NCAA events, but I would consider using a shot where with a little assistance from Photoshop, I could make the individuals unidentifiable. After all, you are emphasizing the type of action shot that you can take,....who is in the shot is irrelevant.

Ronnoco

Yes, who is in the shot is irrelevant, but making a person unidentifiable would ruin the image. One aspect of sports photography isn't just capturing action, but capturing the facial expressions during the action. Most of my best shots don't just capture a type of action, but they capture exhertion, intensity, and drama.

Now I could blot out the school name on the jersey, but that wouldn't change the fact that the AD or SID would still be able to identify the player as a college player (small conference of small schools...all the athletics people know each other).

[masdog]

Thanks, Seb. I plan on going though my intramural and flag football pictures to see if I can find any that I might be able to use in a flyer.

[Lovetheart]

Hey Masdog,

I thought you could use images for "editorial " content and it was ok not to have a model release. If you are trying to sell the shots then that is another story.

[masdog]

Hi Loveheart,

My use of the photos would be commercial, not editorial. And even if I would not be selling the images, the NCAA has some very draconian rules about how images of their events can be used.

[Ronnoco]

Hi Loveheart,

My use of the photos would be commercial, not editorial. And even if I would not be selling the images, the NCAA has some very draconian rules about how images of their events can be used.

You know, masdog, I have still NOT seen the NCAA or any other organization for that matter mentioned in the Copyright Act of the U.S., Canada, England or Australia.

So, if you need to work with them, then you may be stuck with their "draconian rules", but if you don't, there seems to be nothing illegal about totally ignoring them.

Ronnoco