The Complexities of Copyright Enforcement in Event Photography

by Bernard Martin

In recent years, the increasing competition among photojournalists and photographers has led to a surge in organizations enforcing the copyrights of images. Major firms such as Getty Images, widely believed to have pioneered this practice, and now the Associated Press (AP), are aggressively managing the licensing and use of photographs. While these efforts protect photographers’ rights, they have also created unintended consequences, particularly in the world of motorsports and other live event.

The Problem at Sporting and Automotive Events
At racing events, car shows, and concours d’elegance, photographers capture thousands of images featuring teams, drivers, cars, and venue activities. Historically, these images were shared freely with participants, fans, and team members, fostering goodwill and providing valuable promotional material. However, with the rise of copyright enforcement firms, individuals and organizations depicted in these photos are increasingly being asked to pay for their use—even when the photographer who took the image is unaware of the situation.

For example, race engineers have found themselves approached for payment years after posting podium photos on their websites. These photos, often taken by credentialed photographers under event-issued media passes, become entangled in copyright disputes, leaving teams, sponsors, and venue owners frustrated. The photographers themselves frequently lack control over how their images are monetized, as they may have signed agreements that transfer enforcement rights to agencies like Getty or AP.

Legal and Ethical Implications
This practice raises several ethical and legal questions:

• Fair Use vs. Licensing: Teams and participants often assume they have implicit permission to use images in which they appear, particularly for non-commercial purposes. However, current copyright laws provide no such exemption.
• Lack of Transparency: Many photographers are unaware that their images are being used to demand payments from event participants.
• Strained Relationships: This enforcement approach risks damaging relationships between photographers, event organizers, and participants, potentially deterring media coverage.

Proposed Solutions
To address these challenges, sanctioning bodies for racing events, as well as car show and concours organizers, should consider implementing standardized media usage policies. Below are key recommendations:

1. Standardized Media Release Forms – Include a clause in media badge applications that explicitly grants the venue, team owners, race drivers, car owners, and team members the right to use images for non-commercial purposes. – Ensure photographers retain commercial licensing rights while clarifying the scope of permissible use by participants.
2. Event-Specific Licensing Agreements – Create event-specific agreements that outline permissible image use for promotional purposes by teams and participants. – Include a clear opt-in or opt-out provision for photographers who do not wish to transfer enforcement rights to third parties.
3. Education and Awareness – Educate photographers, teams, and participants about copyright laws and their implications. – Provide workshops or informational materials during events to ensure all parties understand the terms of media use.
4. Collaboration with Copyright Agencies – Encourage organizations like Getty Images and AP to adopt more flexible licensing terms for event photography. – Advocate for policies that prioritize collaboration over enforcement, fostering a more amicable relationship between all stakeholders.
5. Adopt Digital Watermarking and Licensing Platforms – Utilize platforms that enable photographers to license their images directly to teams and participants at fair rates. – Implement digital watermarking to ensure proper attribution while maintaining control over usage.

Let’s Keep It Fun
The current system of copyright enforcement for event photography creates significant challenges for photographers, event organizers, and participants alike. By adopting standardized media policies, fostering greater transparency, and encouraging collaboration, the industry can balance the rights of photographers with the practical needs of teams and venues.

This approach not only protects intellectual property but also promotes a positive and cooperative environment, ensuring the continued success of motorsports, car shows, and concours events.

At the end of the day, we’re all here because we love motorsports, car shows, and the amazing people who make them happen. By working together and adopting some common-sense solutions, we can keep the focus on what really matters—celebrating the passion, performance, and community that bring us all together.