Yet another model release question

Hello Dan, I've read your model release info at http://www.danheller.com/model-release.html and I'm better informed. Although the grey issue comes up a lot in my scenario. Long
story, short.. I shoot pictures at a horse event that I pay to watch. The people that are in charge say that we(auditors)can take still photos, but no video. I offer my pictures for sale, which are of the participants and the person teaching. I am told by the person(his lawyer)teaching that I can't sell these photos. I am not using them to advertise any product, religious persuasion or sexual content. Can I do this against his wishes?

Thank you in advance.

Amy Hoffman
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Amy--
sounds like pretty basic/standard checklist items to me:

> I shoot pictures at a horse event that I pay to watch.

That means you're at their whim... They can allow or disallow any activity as they wish.

> I am told by the person(his lawyer)teaching that I
> can't sell these photos. I am not using them to advertise any product,

You're selling a product-- that's commerce. Remember, "advertising" is not the only form of commerce... "Sales" counts too! :-)

Now, keep in mind, this is differentiated from "artwork" where you are exhibiting the works in a venue whose clear and stated purpose is to sell artwork. If you were using these photos to put up in a restaurant or gallery, and they also happened to be for sale in that context, you'd
be much closer to protection by the First Amendment, although still on weak ground because of the closed nature of the event and venue. Still, this is a grey line--there's some ambiguity on whether the guy can stop you from selling art, as there may be some subtle-but-important details that would emerge to convince a judge to lean one way or another as circumstances warrant. Chances are, this would never come to pass because the cost of going to court to learn these things wouldn't be worth it to either of you. So, the academic question of what those details might be is sort of a moot point. It'll just have to be left as ambiguous for now.

But, as you've described the situation to me, you're just selling pictures of people you took to the very same people, and there's no ambiguity there. That's commerce, and he's right.

My business suggestion is to try to arrange some sort of mutually beneficial arrangement to make it worth it for both of you to make this happen.

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