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.

In many countries (including my own, NL), laws cover two separate things:

- "Personality rights", that is the rights of the person/people in photos to determine whether, where, when and how recognisable images of themselves are published

- "Photo copyrights" of a photographer to determine where, when and how photos created by him/her are published

 

The personality rights apply to photos with people in them. I assume this is especially true if the people (like musicians) have a "commercial brand". But it applies to models too. That's why you need a "release" . This Wikipedia page gives an overview of "Personality rights".

 

To be honest, you might want to ask yourself if the sales revenue generated by these images are likely to justify the legal hassle.

 

If you google "musician photo release agreement" you'll find some examples of release. But if you just e-mail digital copies to the artists' management organisations and ask permission to sell these photos only at the location and the days of the festival, they might be sympathetic. Or they might offer you a (limited) licence agreement. They might even offer to buy them :)

It depends completely on which country you're in and whether you purchased a ticket for the event where you photographed the performer. Each country is different in how they handle this.

It depends completely on which country you're in and whether you purchased a ticket for the event where you photographed the performer. Each country is different in how they handle this.

 

It doesn't matter if you purchased a ticket. It matters if you had any agreement with the performer when you photographed the event.

 

Please read about copyright laws in your country - if it's the U.S., yes, you own the copyright but the performer has publicity rights.

 

Getting an agreement from those big names is going to be tough. They - or their record labels, etc. - are going to want a cut.

 

I've seen some photographers get permission to sell images IF the images are going to a charity, for instance. But for the photographer to personally profit - not without some money changing hands.

Edited February 19, 2019 by peggybair

It doesn't matter if you purchased a ticket. It matters if you had any agreement with the performer when you photographed the event.

 

It might matter and it might be very relevant, especially considering that the OP specifically asked "does it matter whether it is in a public or private space?"

 

In some locations, the purchase of the ticket automatically enters the purchaser into a contract, whereupon the purchaser agrees to the terms and conditions of that event.

 

These terms and conditions may include, but might not be limited to: details of the rights to photograph; details of the rights to publish photographs; details of the rights to sell those photographs.

 

Additionally it is worthy of note, that the original question is basically about the rights to sell photographs, not copyright, per se.

 

WW

To confuse things, say you see a famous musician walking down the street, and happen to photograph him/her?

 

Maybe as part of a scenery picture, or maybe not?

To confuse things, say you see a famous musician walking down the street, and happen to photograph him/her?

 

Maybe as part of a scenery picture, or maybe not?

 

If they are out in public, they're fair game in the US. I don't know about elsewhere.

If they are out in public, they're fair game in the US. I don't know about elsewhere.

 

The topic is selling photographs, not taking them.

 

Are you absolutely sure that in the USA you can sell those Photographs, without any caveats?

 

I have an opinion, but I don't know for sure and am asking for clarification, please.

 

WW

I think that if the musician is not the center of attraction but blends in with the crowd, the image can be sold. But I'm not a lawyer...

I think that if the musician is not the center of attraction but blends in with the crowd, the image can be sold. But I'm not a lawyer...

 

Some would say that movie, TV, and rock stars are always the center of attraction.

(I don't know about other music forms.)

 

Somehow it reminds me of this:

 

Yo-Yo Ma Surprises Bystanders In Mumbai With A Mini-Concert

 

In this case, Yoyo Ma was blending in with the crowd, but also playing music.

 

But then again, I don't know Indian law.

 

I think this means that, as was asked above, about having bought a ticket. If no ticket is required,

then it could be considered public, especially if it is in a place that is normally a well known public area.

If they are out in public, they're fair game in the US. I don't know about elsewhere.

I think its universal that you can photograph anyone in a public space, in western countries at least. Personality Rights varies from country to country and are not universal. The issue is as stated above, seeking commercial gain from someone's image (aka brand), not merely taking their photo. Most major venues won't allow audience members to take a medium to long lens to a concert, so they can't zoom in on individual band members etc.