photograph of Kara G and Webby

The photographer(or whoever they work for) has the rights to the photo. Not the person in the photo. So you usually have to buy the photo from the photographer. I've never done business in sports photography, so don't ask me how to find the photographer to buy from him/her.

Even if you're the photographer who took the picture, you can't use an athlete's likeness to sell your product without the athlete's permission.

Whoever took the picture owns the rights.

What, if someone put a picture of two people, or a pack of runners, in a book you think they have to pay all of them?

You think you can snap a picture of Usain Bolt and slap it on the cover of a Wheaties box without paying him anything?

Heard through the grapevine wrote:

You think you can snap a picture of Usain Bolt and slap it on the cover of a Wheaties box without paying him anything?

No. That would imply a commercial endorsment. That is the dividing line. If you take a picture of Usain Bolt in public, you own that image and can sell it as you please without owing Mr. Bolt a penny.

Using Kara and Webb's image to promote some fitness DVDs that no one will ever buy is a close call. An argument could be made that the use of the pictures does not need permission because there is no implication that Kara or Alan is endorsing the video.

Another wrinkle is that athletes are sometimes asked to sign away their rights to their images when participating in competitions in consideration for appearance fees, etc. But, I doubt Coach Jason got the images that way. He probably just photoshopped and made covers for his DVDs.

It seems to me that there could be some serious right-of-publicity problems if he doesn't have the athletes' permission. It's one thing to use an image of a public person to document a news event (like putting Bolt on the cover of SI), but it's another thing to imply that there's been an endorsement of an an unrelated product by using an athlete's image.

Karp. The guy is an idiot. Has anyone mentioned that yet?

Agree, doesn't seem like a thin line at all. He crossed it.

Who is this guy anyways? I never heard of him.

John Smallberries wrote:

Using Kara and Webb's image to promote some fitness DVDs that no one will ever buy is a close call.

Ah, yes. The little known "bad product exception."

From his testimonials page:

“He talks about running the way most people talk about money or sex. It’s definitely his biggest love.....”

Jack Karp

So I guess we know why he has all those colorful handkerchiefs in his photos. Dude must think about running and start "polishing".

Im outa luck, outa love

Gotta photograph, picture of

Passion killer, youre too much

Youre the only one I wanna touch

I see your face every time I dream

On every page, every magazine

So wild and free so far from me

Youre all I want, my fantasy

Oh, look what youve done to this rock n roll clown

Oh oh, look what youve done

Photograph - I dont want your

Photograph - I dont need your

Photograph - all Ive got is a photograph

But its not enough

Id be your lover, if you were there

Put your hurt on me, if you dare

Such a woman, you got style

You make every man feel like a child, oh

You got some kinda hold on me

Youre all wrapped up in mystery

So wild so free and far from me

Youre all I want, my fantasy

Oh, look what youve done to this rock n roll clown

Oh oh, look what youve done

Photograph - I dont want your

Photograph - I dont need your

Photograph - all Ive got is a photograph

Youve gone straight to my head

Oh, look what youve done to this rock n roll clown

Oh oh, look what youve done

I gotta have you

Photograph - I dont want your

Photograph - I dont need your

Photograph - all Ive got is a photograph

I wanna touch you

Photograph

Photograph - your photograph

Photograph -

Photograph - I need only your

Photograph - Im outa love

Photograph - Im outa love

Photograph - youre the only one

Photograph - I wanna touch

Holy crap. He STILL has Heather May listed as one of his athletes? Even years after she has publicly denounced him and his coaching?

If it's for editorial use, you just need to buy the editorial rights from the photographer. An editorial picture is a picture taken in a public setting or place.

If the picture is for commercial use, you must buy the commericial rights from the photographer and the athlete. Yes, that means two licenses.

In your case, your CD covers show an editorial picture. You don't need to pay the athlete unless you in someway infer or state that the athlete endorses your product. Just having a picture on the cover does not imply an endorsement.

But many times the athlete will ask for something.

Editorial picture on a product he is trying to SELL? Please explain...

I work in advertising for a brand that utilizes athletes all the time so I know the rules from a commercial standpoint. Just not seeing how you are considering this editorial.

Sports Illustrated does not have to pau Usain Bolt for the cover picture for this week's issue but did pay Bob Martin a bonus for the editorial picture taken in a public place.

If you, Usain, or anyone 18 years old and older are in a public place, freedom of speech applies to the picture.

The guy seems like a real douche anyways after reading his website. He writes of all these accolades, yet I see no runner I have ever heard of in an Olympic Trials qualifier or any race of merit. The guy has all these anonymous "recommendations" under the testimonial part listing "Trials qualifier" with no name. Seems like a crock of crap to me. He doesn't list any pr's or prior running indicators of past running experience yet he calls himself a "highly exerienced runner". That's like being a "highly functioning retard". I am sure Goucher and Webb could care less about some moron like this pawning off there picture to make a couple of dollars. Anyone dumb enough to give this fool $39.99 for a dvd on VO2 max running should be shot in the foot.

What is wrong with that guys face!?!?

If Victah Sailer takes Kara Goucher's photo in the Boston Marathon, he can sell that photo to anyone (without Kara having any rights) for editorial use. This includes use on the cover of a magazine that is obviously using Kara to help sell the magazine.

However, no one can use Kara's photo to promote a commercial product without her permission, no matter whether it's a Victah Sailer Boston Marathon shot or a special advertising shoot.

I suppose Jason Karp could argue that his DVD's are "editorial," but he would lose that battle if taken to court.

Why all the doubters? He's a doctor, after all!!