Quote:
Originally Posted by TCMA
Problem is, Getty is selling the digital image files for $500+ and they are intended for editorial use only. If someone were to sell prints of the images (legally) they would not only need rights to the images but also rights to the team logos. That's how they get ya.
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Legally a stand alone print is editorial, it's been challenged and courts have been very clear that selling a print is not commercial. If it wasn't imagine all the lawsuits against photographers and newspapers. There's photographers who sell their work today (Walter Iooss, meager starting price of $2,000 for an 11x14). Leagues of course look at it as a commercial product and require licensing, and if you don't want to cooperate they have the power to shut you down....though literally thousands, if not millions, of photos are for sale on eBay, most stolen.
Topps got sued by Buzz Aldrin and a lower court ruled it was a historic event so they did not need permission from him, it fell under editorial because of its significance. It unfortunately got settled before the appeal happened, as many wanted to see if higher courts would also rule the same.