I am an amateur sports photographer.  I have often video taped
non-professional sports.  These would be high school, or minor league
(non-pro) teams.  I have a series of colleagues who have done the
same.  In addition, my collection often includes videos taken by
parents.  These are NOT recorded off any television broadcasts.

My question is, would there be any legal issues with me making
highlight tapes, and selling them.  Keep in mind the content may
include videos that I did not shoot.  But the person who did will give
me permission to use them.  For example, do the players or teams have
any right to object to the use of the video of their teams? The
players will often be minors.  But no names will be used.

Hi Billyw03 ~

Your video might be "just the ticket" for sports fans - but you'd
better think twice before trying to sell them before you have releases
from every single person IN those videos (or their parents if they are
minors) - or you'll be inviting some major legal problems!

Before I address the specifics, please note the disclaimer at the
bottom of this page:

     "Answers and comments provided on Google Answers are general
      information, and are not intended to substitute for informed
      professional medical, psychiatric, psychological, tax, legal,
      investment, accounting, or other professional advice."

This is NOT legal advice and shouldn't be taken as such. It is a
merely common sense answer to your question based on information found
easily on the Internet.


===============================================================
Various Rights: Copyrights, Privacy & The Right to Publicity
===============================================================

Besides copyright issues from the use of others' videotapes in your
own, there are also publicity rights (using individuals who are
recognizable).

This is from the Library of Congress, US Copyright information:

     "While copyright protects the copyright holder's property
      rights in the work or intellectual creation, privacy and
      publicity rights protect the interests of the person(s)
      who may be the subject(s) of the work or intellectual
      creation." [From "Privacy and Publicity Rights" ]
   - http://memory.loc.gov/ammem/copothr.html


You should read the entire document, which offers extensive
information regarding all the various rights in what you wish to do.


Tad Crawford, President and Publisher for Allworth Press in New York
City and a former practicing attorney offers this information:

     " ... living people also have a right of privacy. You cannot
       use anyone's image for purposes of advertising or trade
       ... without their permission (which you should always get
       in writing, as a number of states require in any event)"
   - http://www.allworth.com/Articles/article10.htm



========================
Additional Information
========================

Cornell University Legal Information Institute (LII), "Right Of
Publicity And Right Of Privacy: An Overview"
   - http://www.law.cornell.edu/topics/publicity.html

IP Watchdog, "The Right of Publicity"
   - http://www.ipwatchdog.com/rop.html

NOLO Press, "Bad Hair Day On The Internet"
   - http://www.nolo.com/lawcenter/auntie/questions.cfm/objectID/A529EAB3-8198-4451-AB98AFB4182436AE/catID/720EDD3B-CBBE-4451-96E879966187D381


======================
Summary & My Advice
======================

As you can see, there is a very real issue covering three different
areas - copyright, privacy and publicity - with using those videotapes
without some hefty releases.

My advice is to get releases from everyone who is recognizable (and
that includes numbered jerseys), then the schools/team releases, and
releases from the parents of minors who cannot by law enter into
contracts, etc.

My Advice:
==========

Consult with a good attorney BEFORE you go too far on this project,
because an ounce of prevention in getting informed and professional
LEGAL advice now may save you a lot of problems later.


Google search terms:
  * copyright law
  * privacy rights
  * right to publicity

I know it seems like a lot to do now, but with the work necessary and
protecting yourself, you could have a profitable venture.

Good luck,

Serenata

Thanks, great answer and advice.

Dear Billyw03 ~

Thank you very much for the 5-star rating and the generous tip. That
was a very nice thing for you to do, and both are greatly appreciated.

Thank you again,
Serenata