Rights to concert photography?

[rachel elizabeth]

I'm doing my first concert job very soon. I have no idea how concert

photography works legally. I'm photographing a few local bands, but

also a huge recording artist. Will they, or me, have to sign some

sort of release? Will I have permission to show them on my website?

I don't know if I will ever re-sell any of the images, but can I use

them for promotional purposes? Who do I ask these questions to? The

managers of the groups? I'm going in for a magazine. Any help is so

appreciated!!!

[gary evans]

You can never use a recognizeable image of another person for commercial use (which includes promoting your photography services) without a signed release form. All you can really do with such photos without the signed release form is sell individual prints and sell the photographs for editorial use (magazine or newspaper, as long as it's not used in an advertisement, but rather an article, like a review of the concert).

[drew_streib___sf_bay_area_]

Note, however, that there is a difference between commercial promotion (can be troublesome), and journalistic purposes, and this line isn't clearly defined.

 

It is, for instance, quite legal to take a picture in a public place of a recognizable person, and post a news story or a journalistic blog entry regarding the photo and/or the person. It is not legal to put that person on your products-for-sale site, and in some way suggest (even implicitly) that they are supporting your product.

 

Everything in between is fuzzy.

 

Non-public places are fuzzy, depending on the conditions of your entry.

 

Many people default to photo releases because it does remove much of the ambiguity, but it isn't always necessary to have one, depending on (1) where you took the pic, and (2) what you're doing with it.

 

There are books on the subject, quite specific to legal rules of photography in the US (or many other countries). It is a good idea for any photographer to read about the basics from a good source.

 

Answers from random people on the internet (including me) can get you in trouble.

[ashley_milne1]

Gary, I had always assumed that selling individual prints would constitute commerical use or maybe I'm misunderstanding what you mean?

 

I've been focusing a lot on concert photography lately as well - any book or other resource recommendations from anyone? (Sorry to piggy-pack on your post without really answer the question there, Rachel.)

 

Thanks!

Ashley

[Spearhead]

Do a search on this site (on the bar above) on "concert photography". You will get more than enough information.

[gary evans]

Ashley - it was a while back now, but someone posted a link to actual statutes that basically said selling a fine art print of any subject was legal. Now what constitutes fine art print? That I can't say, but I'm sure that selling posters through Tower Records would not qualify.

 

Check the websites of some famous concert photographers (Ross Halfin comes to mind). You'll see that they all offer prints of their images for sale...

[drew_streib___sf_bay_area_]

Try the "Legal Handbook for Photographers" by Bert Krages. About $13 from Amazon.com.

[Spearhead]

It is not always necessary to get releases from the people in the photos. Musicians with label deals typically have contracts that allow the labels to sign the rights. Managers rarely have that right. For the major artist, go to the label and see if you can get a release.

[rachel elizabeth]

Thanks very much for all of your responses! Extremely helpful, and it's okay to piggyback Ahley, that's how we all learn.

 

Have a good one everybody!

[craig_gillette]

You said you were going "for a magazine." That implies that the goal is to take images that will be used editorially. The magazine should be aware of it's position as it deals with editorial uses. Separate sales, promotional use, use on your own portfolio (advancing your own business), begins to get more complicated. There is not a universal or single set of laws which apply. It might be easiest to get with the magazines legal staff or have them put you in contact with someone let them pay for it) to get you grounded in those issues as they apply in your area. For example, papers will sometimes sell reprints of images they have used editorially. You wouldn't necessarily be able to sell that image yourself.

 

Also, be clear on copyright issues - will you own the copyright or is this a "for hire" assignment. "For hire" would likely mean you don't need to worry much as you won't be able to use the images yourself. Do you and the magazine have an established, written agreement as to this?

[michaelk]

I have a similiar question also. I was taking pics at a public place of dancing. There was a DJ there and the manager came up to me after and wanted my pics so they can put them on thier web site. It is a non-profit music acadmy on how to spin or create certain kinds of music. So this site is an advertisment for thier academy.

Am I forced to say no, I cant?

For anyone who knows Portland, OR it was in Pioneer Square.

[rachel elizabeth]

I am a freelancer, I rarely,RARELY ever do work for hire. In this case, I run my own photography business, the magazines call me, give me tickets to get into the events along with a press pass, but I own my photographs.

 

How do other photographers put up their concert photography with national acts on their website? Is it legal? Or, have they most likely gone to the label for permission? I'd love to put some on my site to show my editorial skills, but I don't know if I'm within the realm of legal rights.

 

I can think of several sites, but don't wish to name them here and get anyone into trouble.

[craig_gillette]

I'd be hesitant to go by what you may see on the web, you may or may not have found "examples" that were OK legally. Photographer "A" may have releases, etc. Photographer "B" may have snuck in and captured a few before being tossed out and he's throwing them up on his site because he thinks he can and will pull them if caught. (I worked for a while with a teacher that had no qualms about sneaking recording gear into concerts and taping and selling bootleg recordings of the acts - the photographer equivalent would likely be a bad example to follow.) Because the laws do vary from state to state, the usual way to be reasonably sure about your state is to get qualified legal advice. The venues may have info from the acts, some venues control photography, some just pass on the restrictions from the acts. With a "pass," you may have different rules imposed than the typical concert-goer. But that could (maybe should) have been resolved when the pass was acquired. If on your own, then arranging credentials and passes thrugh the "act" should allow you to determine what uses, if any, they will allow of the images besides editorial.

[rachel elizabeth]

Okay, thanks very much. I'll just double check into everything before I do anything else with the images.