Legal Question in Intellectual Property in Indiana

Hello,

(1) Is it legal to take pictures of NFL Players?

Generally yes. As long as you are not invading the privacy of an NFL player or taking the photo in a place that prohibits photography, then it's perfectly fine to take pictures of the athlete.

(2) If so, is it legal to sell them?

No. Although you own the photo, you generally can't reproduce the photo for the purpose of selling the photo commercially. First, you'll be violating the athlete's right of publicity since the photo contains his image and likeness. Second, if the athlete is photographed in his uniform, you'll likely be violating copyright and trademark rights held by the team franchise.

(3) Is it legal to download pictures (of NFL players) and sell them?

No. First, the photographer of the photo will sue you because they own the copyrights in the photo. Secondly, you'll be violating the athlete's right of publicity and the franchise's copyright and trademark rights, as discussed above.

In sum, if you want to get into the business of selling photos/posters of NFL players, you'll need to negotiate a few licensing agreements with the athlete/team franchise. Good luck! tma