Photographers using pictures for profit December 08, 2021 12:49AM
Have Questions I would like answered or input How can photographers take pictures of tractors and then put it on calendars or make T-shirts or Sweatshirts and then sell them? Should they get permission. Is it legal for these guys to do this?

Re: Photographers using pictures for profit December 08, 2021 01:14AM
The photographs are the property of the photographer. It really doesn't matter what the subject is they own the images. That's why most people put their ink mark on them. The exception is Face Book. When you post on FB you have given them the legal right to use your images as they choose.



Dick Morgan

www.PULLOFF.com
Independent Pulling News



Edited 2 time(s). Last edit at 12/08/2021 03:44AM by Dick Morgan.

Re: Photographers using pictures for profit December 08, 2021 01:47AM
Yep. No different than a photographer selling the image to a newspaper, magazine, or whatever. Yes pullers are the subject of the image, but it is the photographer's skill in capturing it in their particular style (and yes, without watermarks, most of us can tell each other's work apart) that creates the intellectual property.

It's strange to me that this comes up in pulling discussions every year or so, but I never see the same thing come up in drag racing circles.

CP

Re: Photographers using pictures for profit December 08, 2021 01:57AM
Quote
David Runkle(earls dream)
Have Questions I would like answered or input How can photographers take pictures of tractors and then put it on calendars or make T-shirts or Sweatshirts and then sell them? Should they get permission. Is it legal for these guys to do this?

David, can you work on getting toll cameras abolished? Winking I may be wrong, but I'm pretty positive that the waiver that you sign before you compete allows your likeness to be distributed.



John Murray
Two-time Pedal Pull World Champion

Let's Go Pulling, covering the sport of pulling in Kentucky, Tennessee, and Alabama.
Watch LGP on YouTube
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Re: Photographers using pictures for profit December 08, 2021 02:51AM
[www.acludc.org]

Re: Photographers using pictures for profit December 08, 2021 05:34AM
Quote
lutefisk and lefsa
[www.acludc.org]

Here's an important takeaway from the link shared:

"When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner's rules, they can order you off their property (and have you arrested for trespassing if you do not comply)."

Many places limit photography through specific language. It usually limits carrying in a telephoto zoom lens to a sporting event or concert.

Pulls have mostly been fair game and it's aided the sport to gather far more coverage than it would otherwise get had someone not been there to video or photograph an event. It's free advertising for the promoter that could generate interest in actually attending a pull versus viewing it online. If a person sells calendars and it provides income for a hobby that can be a money pit (sound familiar?) then don't begrudge them for funding their passion...they are pulling fans on the frontline.



Bryan Lively -

Photos

Youtube
TwitterFacebookThe HOOK Magazine Blog

Re: Photographers using pictures for profit December 08, 2021 08:04AM
I have a question: why can they take pictures of our trucks and tractors without permission with this so-called "rule" that they can do it cause the promoter allows them, yet we can't use their pictures to our liking without THEIR permission. It seems like photographers get a little too ticked when we use their pictures without permission, yet it's all fine n dandy when they take the picture.

Re: Photographers using pictures for profit December 08, 2021 08:20AM
This so called "rule" in fact a law that has been decided in several court cases. Like it or not the photo belongs to the photographer. For further information just Google " who owns the photo". It is the intellectual property of the photographer, unless stated otherwise a written contract.



Dick Morgan

www.PULLOFF.com
Independent Pulling News



Edited 2 time(s). Last edit at 12/08/2021 08:28AM by Dick Morgan.

Re: Photographers using pictures for profit December 08, 2021 08:57AM
I guess I am an odd ball. Since most of the time I am by myself I enjoy seeing pictures of my tractor pulling. If the picture is very good one, I have asked photographer for copy for my album, and they have been very generous.

Re: Photographers using pictures for profit December 08, 2021 09:19AM
Thanks for your input guys. With photographers posting on Facebook there using your tractor or class on sales of calendars and other things they sell. To me it doesn't seem right , but on the other hand I agree with Tom , just appreciate the photo and give a little gratitude back to the puller .

just ask them December 08, 2021 09:25AM
Like I said any time I have asked for photo of my tractor I have received one free. Keeping them for grandchildren to look after I am gone. Merry Christmas

Re: Photographers using pictures for profit December 08, 2021 02:21PM
Everyone has a camera in their pocket all of the time. That is the modern problem. Everyone thinks they can do it. If I put my $3800 worth of rig in your hands and had everything set perfectly for you, could you have caught Sid looking at you? Would you have been in position for Doug's and Chase's Enderle drag race? No one else was. Can you make Jody Barber in a 12mph class look like he's going 120mph? I can. I did. Why haven't I earned the right to trade on that skill? It made a living for my grandfather, what's different now?




Re: Photographers using pictures for profit December 08, 2021 07:22PM
Quote
Tomah winner
I have a question: why can they take pictures of our trucks and tractors without permission with this so-called "rule" that they can do it cause the promoter allows them, yet we can't use their pictures to our liking without THEIR permission. It seems like photographers get a little too ticked when we use their pictures without permission, yet it's all fine n dandy when they take the picture.

That so-called "rule" is better known as the First Amendment. Like it or not photographers are also photojournalists and their work is protected intellectual property. Again, as I explained earlier, unless a promoter of a private event explicitly limits it, photography is legal and protected. We're rendering a service to be at the right place and right time to get the photos we get...that's exercising a skill that is developed over time with relatively expensive equipment that no smart phone camera can replicate; otherwise it's a blink of an eye moment that would be long forgotten. We're preserving moments and memories...you want to place a value on that?

Re: Photographers using pictures for profit December 10, 2021 06:37AM
Quote
Bryan Lively

I have a question: why can they take pictures of our trucks and tractors without permission with this so-called "rule" that they can do it cause the promoter allows them, yet we can't use their pictures to our liking without THEIR permission. It seems like photographers get a little too ticked when we use their pictures without permission, yet it's all fine n dandy when they take the picture.

That so-called "rule" is better known as the First Amendment. Like it or not photographers are also photojournalists and their work is protected intellectual property. Again, as I explained earlier, unless a promoter of a private event explicitly limits it, photography is legal and protected. We're rendering a service to be at the right place and right time to get the photos we get...that's exercising a skill that is developed over time with relatively expensive equipment that no smart phone camera can replicate; otherwise it's a blink of an eye moment that would be long forgotten. We're preserving moments and memories...you want to place a value on that?

I never had a problem with photographers doing this, I just wanted to see what the responses would be. I have the confusion though as to why we can't use your photos for free when you can use our tractor for free. Yes, going to the event allows photographers to do that, but what can the pullers get in return? I ask this question because I wanted to use a picture that Harold Card Photo took to use on t shirts, and I got yes from him, but why couldn't I just have made the shirts and given him a free shirt and not have to ask permission from him.

Re: Photographers using pictures for profit December 10, 2021 06:50AM
Because that's called stealing. No different than going to a craft fair and just taking a painting from someone's booth. Photographs are property of those who took that picture. Using it without permission is called Copyright Infringement and is what helps protect the work of all photographers.



Brent Yaron
Hooked Up Pulling Productions
hookeduppullingproductions@gmail.com

Re: Photographers using pictures for profit December 10, 2021 07:32AM
Quote
Tomah winner


I have a question: why can they take pictures of our trucks and tractors without permission with this so-called "rule" that they can do it cause the promoter allows them, yet we can't use their pictures to our liking without THEIR permission. It seems like photographers get a little too ticked when we use their pictures without permission, yet it's all fine n dandy when they take the picture.

That so-called "rule" is better known as the First Amendment. Like it or not photographers are also photojournalists and their work is protected intellectual property. Again, as I explained earlier, unless a promoter of a private event explicitly limits it, photography is legal and protected. We're rendering a service to be at the right place and right time to get the photos we get...that's exercising a skill that is developed over time with relatively expensive equipment that no smart phone camera can replicate; otherwise it's a blink of an eye moment that would be long forgotten. We're preserving moments and memories...you want to place a value on that?

I never had a problem with photographers doing this, I just wanted to see what the responses would be. I have the confusion though as to why we can't use your photos for free when you can use our tractor for free. Yes, going to the event allows photographers to do that, but what can the pullers get in return? I ask this question because I wanted to use a picture that Harold Card Photo took to use on t shirts, and I got yes from him, but why couldn't I just have made the shirts and given him a free shirt and not have to ask permission from him.

You have the impression that a photo costs us nothing to produce. Photographers have costs as well that they should recoup whenever appropriate. This isn't a hobby for me, it's a business. I still can't figure out why anyone begrudges anyone of making a little money. I'm not after your money, why should you be after my ability to make money? I want everyone to do well and be successful no matter what it is as long as it's legal.

I'll leave with this. Dave Chappelle in his YouTube video "Unforgiven" made a profound comment: "don't ever come between a man and his meal...taking a man's livelihood away from him is akin to killing him."

Wrap your head around that.

Re: Photographers using pictures for profit December 10, 2021 06:48AM
I would like to personally apologize for anything I said on this forum to all the photographers and videographers on this thread. I should not be talking, as I am too starting to get into the videoing world. I really do appreciate all the things you guys do to grow the sport of pulling. I just wanted more info on this topic just as Dave Runkle did.

Re: Photographers using pictures for profit December 08, 2021 03:02PM
I'm just happy that someone even wants to take a picture of my tractor...

Re: Photographers using pictures for profit December 08, 2021 03:07PM
Simple. Don’t pull and they won’t take a picture of you.

Re: Photographers using pictures for profit December 08, 2021 04:57PM
Seems to me that the more photos of the sport we love the better off we all will be. With the proliferation of cell phone cameras today its impossible to keep images private. Face it as pullers we are all out there as performers in front of an audience just to have some really expensive fun. If a photographer wants to TRY to make a few dollars for his investment in equipment just let him or her be. IMHO

Re: Photographers using pictures for profit December 09, 2021 01:37AM
I appreciate the work of the photographer’s, videographer’s and the toy model makers. However, I do feel like a royalty of sorts is owed to the subject when the intended use is for profit. Some examples would be free copies of the photo used or calendar, or in the case of a toy a free/heavily discounted model to the owner. This may be how some already do it. It just seems to me the right way to go about it in my opinion

Re: Photographers using pictures for profit December 09, 2021 02:07AM
Nope, if you take your truck/tractor to a public venue its open content.

If they owe anyone anything, it should be the promoter getting paid for the access.

Re: Photographers using pictures for profit December 09, 2021 02:34AM
I guess maybe the pullers should trademark their vehicles then

Re: Photographers using pictures for profit December 09, 2021 02:36AM
That doesn't change the fact that the photographer owns the images.



Dick Morgan

www.PULLOFF.com
Independent Pulling News

Re: Photographers using pictures for profit December 09, 2021 04:40AM
Try selling them

Re: Photographers using pictures for profit December 10, 2021 06:40AM
Quote
lutefisk and lefsa
Nope, if you take your truck/tractor to a public venue its open content.

If they owe anyone anything, it should be the promoter getting paid for the access.

Shouldn't the puller get something in return?

Re: Photographers using pictures for profit December 09, 2021 02:59AM
Pulling photographer "profit". Yeah, right. What a joke!!!!!!!!! Seriously. That's my hearty laugh for the day.

You guys complaining about us photographer's rights to photograph and imlying we make (lots of) profit, apparently have no idea of the investment in proper equipment
to photograph high quaility Action Pulling Photography and the miles travelled plus all the time each of us invests.

It is a love for the sport, the friendships and comraderie made over decades plus the love of photography.

And photographing action motorsports is a real challenge of a fine line in the camera settings, to achieve wheel turning action with a blurred background, which
signifies action, while obtaining sharp focus on the moving subject. And believe me, not everybody out there along side a pulling track with a proper, good camera is able
to achieve such.

I upgraded this early pulling season to a new camera, with the latest technology. It along with the lens and monopod is $6000. Sound familiar, you pullers, when
you upgrade to the latest greatest newest turbo?! And rest of my camera equipment is more than that. And it all gets used over the course of a pulling season.
Plus then there is the computer and the photography programs (we buy those, too) in order to host the photo library and the inidividual photo review and if needed, the editing process. And then there is the time to upload photos to the website, for your viewing. And of course, there is a cost to the website.
And I personally take all my photo orders to the photo lab, to process and mail. That is more time and travel.
As Bryan said in his first post, a "money pit". In fact, all of Bryan's points are spot on. Right along with cpr (Charles), Dick Morgan and John Murray.

David Runkle, you can help me reduce my bottom red line with a nice order from you. 2020 Byron IL. Pit photo #0462 "Earl's Dream" on the scale and you are pleasantly
conversing with the 2 scale guys. There is a whole action sequence of LLSS action photos of you, like I normally do of everybody. But I really like 9941 and 9942. Those numbers (that is the permanent camera affixed number for the image) appear underneath the photo on my website. Those photos will look great in your office.

I have been photographing tractor pulling for 48 years. I continue to be amazed at how a puller thinks he cannot afford a few dollars currently for photos. But give him a couple / three decades and he comes inquiring if I have him. Despite all the organization I have in all my photo archives, still it takes (a considerable) time to go find them.
And at this point in time, price is immaterial to most of the enquirers. Now, isn't that an interesting phenomenon!

Bottom line is, us photographers are in the promotion 'industry'. Without "promotion", what do you have?

Re: Photographers using pictures for profit December 09, 2021 03:15AM
To Dave Dann, It's not that we don't appreciate a good photograph and if it's good I will purchase them .The point is when pictures or used in calendar for instance. Using 12 LLSS tractors at a Badger State pull , then promoting the sale as Badger State light limited calendar. Do you need permission through badger state to sell it this way?

Re: Photographers using pictures for profit December 09, 2021 03:56AM
Since you're referring to the calendars that I made the answer to this is no. I had two LLSS calendars made. The first was of the WTPA tractors and I was going to stop there. I then decided to put together calendars of the BSTP classes, but needed a way to differentiate the two. I advertised the second LLSS calendar, as well as the Light Pros, Limited Pros, Super Farms, as BSTP so you could tell that they were different. No where on the calendar does it mentioned BSTP or include the logo. I spent about an hour making each calendar and put together 20 of them. If you think I'm making loads off them you are wrong. I make a few dollars off each one after the company takes their share and they take the cost of material/labor to print them.



Brent Yaron
Hooked Up Pulling Productions
hookeduppullingproductions@gmail.com

Re: Photographers using pictures for profit December 09, 2021 04:05AM
Thanks Brent, I was getting questions with no way answer back . So this is the reason for this post.

Re: Photographers using pictures for profit December 09, 2021 11:23AM
David Runkle, thank you for your kind responses.

For a few years, I produced the NTPA 12 month calendar. I first approached them with the proposition. And received their approval. And then again annually.
That is the same procedure I would still pursue, with any organization. It only makes sensible public relations.
The "featured pullers" were always elated to see
they were chosen. And they were happy to buy a calendar or a few as Christmas / appreciation gifts. I personally sold those calendars, as did NTPA on their website.

The owner of a well known pulling sled company, loved those calendars and asked me to produce theirs.

Re: Photographers using pictures for profit December 10, 2021 08:46AM
While I understand the concern/confusion of the photographer vehicle issue I don't believe that I have ever heard of a puller complaining about having a picture of their vehicle in the NFMS program or the BG program or in the "Puller" or the "PPL:" magazine, or any other form of pulling promotional materials. On a side note Jake has never sold an image of anyone's vehicles. He considers it part of the pulloff.com services. If anyone wants a image of their vehicle all they need to do is give him the image number and he will provide it. Also I just had someone ask for an image and they gave Jake photo credits.



Dick Morgan

www.PULLOFF.com
Independent Pulling News

Re: Photographers using pictures for profit December 13, 2021 02:28PM
What’s confusing to bystanders is if it’s a video which In my limited brain capacity takes the same kind of time and equipment to produce as a photo, the revenue model is watch, share, like, follow and suscribe….all free! But on a photo it’s you must pay me or face my wrath, just seems like the revenue model needs a change to keep up with changes in technology??

Re: Photographers using pictures for profit December 13, 2021 02:41PM
Quote
Unpopular opinion
What’s confusing to bystanders is if it’s a video which In my limited brain capacity takes the same kind of time and equipment to produce as a photo, the revenue model is watch, share, like, follow and suscribe….all free! But on a photo it’s you must pay me or face my wrath, just seems like the revenue model needs a change to keep up with changes in technology??

The revenue model is predicated by the means of sharing. Photos are shared on personal photography websites that have service fees while videos are shared on free sites FB and YouTube. Notice that the videos more often than not have advertisements before during and after their viewing and that's where "revenue" is generated, whatever YT or FB are willing to share.



Bryan Lively -

Photos

Youtube
TwitterFacebookThe HOOK Magazine Blog

Re: Photographers using pictures for profit December 17, 2021 05:26AM
A promoters side:
If you pay admission to an event, it's no longer "public" and there is usually a promoter involved. Since cell phone cameras are so a part of everyday life a promoter can't do much about what you do with the image. You probably are not making money from that image. So, event venues restrict you type of equipment and location. Zoom lens and pro style cameras are usually not allowed or require a PRESS/Photo Pass. That credential gives you access to key photo locations. As a guy who approved thousands of photo/press passes for sanctioning bodies and event producers, Simple rule of thumb. Let me see examples of your past work and where your images were used. Give me a copy of what you shot at my event. I can use those for marketing, advertising etc. for the sanctioning body. That's my tradeoff. If I have to hunt you down and ask repeatedly for copy of what you shot....you won't be give access to any of the events I work....I really didn't care about your calendar or book use. If you gave acknowledgement of the photos used more the better.
Video can be live or delayed BROADCAST. If a media production company has gained rights to the content of the event. I CAN DENY you video credentials and if you shoot from the grandstands I can ask you to stop or remove you from the event.
If you use a video that you didn't shoot or have rights to and you sell or profit the rightsholder may come after you. Probably not unless you make big bucks....
That same video product is like the photograph.
Most pullers sign their photo or likeness image at events to the licensing company/sanctioning body. Doesn't mean pullers can't produce their own t-shirts etc.
Videos shown on utube or additional social media are treated as content and not moneytized promotional product.

Merry Christmas to all. Don't be afraid to buy a 12 month puller inspired daily keeper of events.

Re: Photographers using pictures for profit December 22, 2021 03:15AM
Quote
doc Riley
A promoters side:
If you pay admission to an event, it's no longer "public" and there is usually a promoter involved. Since cell phone cameras are so a part of everyday life a promoter can't do much about what you do with the image. You probably are not making money from that image. So, event venues restrict you type of equipment and location. Zoom lens and pro style cameras are usually not allowed or require a PRESS/Photo Pass. That credential gives you access to key photo locations. As a guy who approved thousands of photo/press passes for sanctioning bodies and event producers, Simple rule of thumb. Let me see examples of your past work and where your images were used. Give me a copy of what you shot at my event. I can use those for marketing, advertising etc. for the sanctioning body. That's my tradeoff. If I have to hunt you down and ask repeatedly for copy of what you shot....you won't be give access to any of the events I work....I really didn't care about your calendar or book use. If you gave acknowledgement of the photos used more the better.
Video can be live or delayed BROADCAST. If a media production company has gained rights to the content of the event. I CAN DENY you video credentials and if you shoot from the grandstands I can ask you to stop or remove you from the event.
If you use a video that you didn't shoot or have rights to and you sell or profit the rightsholder may come after you. Probably not unless you make big bucks....
That same video product is like the photograph.
Most pullers sign their photo or likeness image at events to the licensing company/sanctioning body. Doesn't mean pullers can't produce their own t-shirts etc.
Videos shown on utube or additional social media are treated as content and not moneytized promotional product.

Merry Christmas to all. Don't be afraid to buy a 12 month puller inspired daily keeper of events.

Great explanation! THANK YOU! That's the info of what I really wanted to know.

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