race photography

Taking pictures and posting them to your website is fine. Selling them opens up a potential bag of worms. To really make any money you need to get some information that normally only the race itself has such as lists of entries with bib numbers and they're not just going to hand it out to any Tom, Dick, and Harry that shows up.

Often this is because more than a few race photographers have used lists spam race participants, or charge outrageous fees, or do other things that piss off race participants and they tend to do back to the race director and complain even though the race may have had nothing to do with it.

If you do try to sell the pictures unless you're shooting from an area that's controlled or licensed by the race (finish area, start corrals, etc you're not doing anything illegal but if you do anything that suggests that you are associated with the race then they can go after you for misrepresentation.

If you want to take pictures and sell them, contact the race. In Advance. I've had numerous photographers contact me after an event and want me to send out an email telling all the race participants about their web site, put links on the race web site and to send them a list of all the participants and the bib numbers, addresses, etc. Of course they're often surprised when I decline to do that promotion for them for free, or decline to do it at all because we'd previously arranged to do it for the official race photographer exclusively.

You're allowed to shoot the race until the property owner (which is likely the City) tells you to stop. The race director does not own the city streets and you are allowed to shoot in a public place where people do not have a "reasonable expectation of privacy." Certainly not even the best lawyer could argue that a person running down a city street has any reasonable expectation of privacy. Also understand that the race director is not the property owner (unless the race director is also the city/county/stage government) and does not have the right to demand you stop shooting.Yes you can sell the images. Again, by running down a city street the subject waived his or her right to privacy and you can photograph them as much as you want (I'm speaking legally, not ethically...if the subject is the guy in that famous picture who just shat himself at the end of a marathon, your conscience may tell you that photographing him may not be the right idea).

Keith Stone wrote:

I've had numerous photographers contact me after an event and want me to send out an email telling all the race participants about their web site, put links on the race web site and to send them a list of all the participants and the bib numbers, addresses, etc. Of course they're often surprised when I decline to do that promotion for them for free, or decline to do it at all because we'd previously arranged to do it for the official race photographer exclusively.

Unless "your race" is the Boston Marathon, you're just being a prick. It's not 'free promotion' because you are receiving promotion in exchange for promoting the photographer. I understand that as a race director you are on a high horse, but try to understand that the participants in your race may want a picture of themselves running. If your "race photographer" doesn't have the picture, they're SOL. Having shot various marathons and I can assure you that the vast majority of photographers hired by race directors are nothing more than amateurs who get a usable shot of perhaps 10% of finishers. It's arrogant and foolish to believe that the amateur photographer you've hired is going to be sufficient. Declining to allow other photographers to cover the race says that you already know that "your" photographer is not the best you could do. Perhaps instead of trying to create a monopoly you should have hired the 'other guys' and utilize their desire to shoot the race to your advantage.

Yes you can take pictures and sell the pictures online for editorial use only. The race photogs cannot sue you since the race in held in public and on a public street. Any questions, ask some more, or get the email from google for ASMP, NPPA, or TAFWA, and verify what I just wrote here with them.

The "promotion" you receive by promoting someone that appears out of nowhere can be pretty negative. That promotion implies an affiliation, and affiliating your event with someone you haven't vetted isn't ever a good idea. Someone that doesn't do their homework and take the time to contact you in advance hasn't shown good business sense and that likely applies to other parts of their business dealing. A photographers other income opportunity may be taking "oops" pictures of women coming out of the water or changing at transitions at triathlon. That goes over great when your event is run by a Christian charity.

Most are basically amateurs, but there are some that show up with multiple photographers. Professional photographers that have event coverage experience will off arrange for infrastructure to be in place like finish bridges, scaffolds at certain viewing points, etc. They get the vast majority of the race participants. When the event and photography company work together like that in a away that involves expenses by both it not in the best interest of the event to promote competing photographers. That promotion may be prohibited by the contract with the photography company.

That said, the more the merrier. People spanned out on the course get a better variety of pictures for the participants to pick from. Done right it's great all around. I don't think it's too much to ask that people attempting to profit from an event contact the race director, in advance, and make arrangements. Five amateur photographers standing at the finish really don't improve the opportunities for participants. The RD should be able to find out what the photographers intend to charge and ideally all the photographers promoted by the event would have similar pricing structures. I saw one guy that had pictures of the Boston Marathon for a mere $100 each for a digital image. A race director that promotes a cost-prohibitive service will surely be on the receiving end of complaints.

That said, my advice to the OP remains to contact the RD well in advance, explain what service they intend to provide and what they expect in return. I don't consider that an unreasonable expectation and gives it everyone a chance to have proper coordination.

Showing up unannounced on race day and expecting announcements at the awards ceremony or putting flyers under all the windshield wipers of cars in the parking lot won't gain anyone brownie points. Neither will expecting a bunch of free services from the race director when there was no advance coordination.

WIth relatively low cost digital SLR cameras and services like smugbug everyone thinks they're a professional photographer. A medium size event could get a dozen or more requests to "do business". If you think about it, you can't practically work with all of them.

Or just email the racedir for a photo pass and tell him you will provide pics for sale on a website.

The racedir may give you photo pass or want to see your work first. Show the other marathons youv'e shot and the kind of work you do.