Legal Question in Entertainment Law in Florida

Nascar Photography

I'm a Nascar fan who seems to be the only person who got a picture that was the object of a request during an ESPN news conference. With 30 laps remaining in the 2001 Daytona 500, Dale Earnhardt and his team were running 1,2,3&4. It only occurred for 1 corner of 1 lap during the race. I got an awesome photo of that moment and would like to sell copies of it on e-bay. My problem is that on the race ticket it says that Nascar claims the rights to any and all images of the race. Cameras were allowed at the track so it's not like I did anything wrong by taking the picture. My question is Does Nascar have the right to make such a claim and would I be violating copyright laws by selling a photograph of a race. I took 200 photo's that day as well as video that I believe given the tradgedy that occurred that day these images are very important and that they are quite valuable. Do I have the right to profit from them?

Sincerely,

A Fan.


Asked on 3/02/06, 10:32 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Nascar Photography

You likely go to far in giving attention to the terms printed on the ticket -- the usual rule at law is that things like admission tickets, parking garage receipts, and such are NOT really contracts and their fine print terms are not binding upon the recipient unless read and accepted BEFORE the real contract is made. Further, the writing requirement of the Copyright Act is probably not satisfied by this kind of thing. You should consult with an attorney as there may be some real value attached to these photos.

Best wishes,

LDWG

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Answered on 3/02/06, 2:03 pm


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