selling photographs of musicians

I have been setting up a booth and displaying and selling my photographs at various festivals, art fairs and shops. I have mostly nature photography but also have some excellent photographs of musicians, taken while they are performing, which I have occasionally sold a copy of. Getting ready for a nearby music festival, and was told I could not sell photographs of the musicians who have performed there previous years, which is disappointing. I received an email saying, "the musician owns the rights to their photographs and you cannot sell them unless you have a signed release. If you get a signed release you can sell them". Is it illegal to show and/or sell photographs of musicians playing in public, does it matter whether it is in a public or private space? How can I go about getting a signed release from these musicians. I have images of Willie Nelson, Emmylou Harris, Gillian Welch, and others from previous years at the festival. Also, if such a release is necessary, how would it be worded? Thanks for any suggestions or information.

I’m not going to advise you specifically since I’m not a lawyer, but you might want to google and read up on the RIGHT TO PUBLICITY. Here’s the link to one article I found that might be helpful. Scroll down to Section 3, on photographing people and, particularly, celebrities. Good luck.

 

http://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_photography.pdf

#1 - What country are you in? That matters.

#2 - Did you buy a ticket to the event where you photographed them?

 

 

In the US, there is usually a difference between selling a photo as an object to hang on a wall vs selling a photo to a company to advertise a product. Selling a print is frequently (not always) just fine. Selling an image to be used to sell something is called commercial use and requires a release in most cases. Many people do not correctly understand the difference.

I’m not going to advise you specifically since I’m not a lawyer, but you might want to google and read up on the RIGHT TO PUBLICITY. Here’s the link to one article I found that might be helpful. Scroll down to Section 3, on photographing people and, particularly, celebrities. Good luck.

 

http://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_photography.pdf

 

thanks, maybe it will help if I forward this to the person who sent me the email

When you buy a ticket to a concert, there may be conditions printed on the ticket, or on the concert web site, which specify photo conditions/limitations.

- They may specify that personal use is OK. That means for yourself.

- Selling photographs of the performer falls under a different category, as that is not personal use (for yourself). The producers want to be able to sell their pictures so that they make the money on the photo sale. And they do not want you competing with them.

- Photography may be prohibited. Never mind that you cannot practically take everyone's cell phones.

 

Years ago, I remember going to a soccer game and NO ONE with a video camera was allowed to bring the video camera into the stadium.

My guess is that the national TV company that paid for the video rights (I think ABC), got that put into the contract, so that everyone who wanted video of the game had to get it through them. I think this was primarily aimed at companies that would send their own video crews, like the TV stations and national TV companies of other countries. But the individuals get caught in the net, as they cannot always tell the pros from the advance amateur who could have pro level gear. So they make it blanket...NO ONE.

 

If it is a PUBLIC festival, on public property, and no ticket is required to be purchased, things are different, as there is no "contract."

But if access is controlled, there could still be limitations.

 

I suggest that you, or your friend, contact an attorney who is familiar with photography contracts and issues.

The local professional photographers group may be able to direct you to an attorney.

 

But remember, even if you are in the right, if the producer takes you to court, you are out time and money to defend yourself in court.

And I don't know if you can charge the producer your legal costs, if you win. That probably differs by jurisdiction and local laws.

And remember that you are not "in public" at a music event. You are generally in a privately owned venue, and the owners and promoters can set any rules and restrictions they wish. Just as you and I can on our property.

maybe it will help if I send this to the person who sent me the email

As I read it, it will help them, not you.

I've found several variations on this depending on who has the most expensive attorney. Public venues are public on both sides of the camera but you can't simply publish photos of anyone on a commercial basis without a release. Newspapers and tv can but if you are getting paid for something you need a release. I've seen outfits like Sony say no one is allowed to photograph well known entertainers during a show. While acting as a media member and attending a rehearsal with proper credentials for that venue (a public place) a Sony rep got all in my face about how I was breaking the law and he was going to sue me for everything my great grandchildren would ever own and I was going to jail!!! He was just trying a bluff but he was nearly force fed a Nikon D2H. With lens...If you enter an event that is NBA, NFL, MLB or NASCAR you agree by using the ticket that you give all rights to any photos to the league and that means they can make all the money and completely control images. NCAA is not quite as bad but they are very territorial on anything that might make the a dollar. The bottom line is money and control.

 

Rick H.