Legalities of (authorized) concert photography in the US? Advice please

[art_arkin]

Hello fellow forum members,

 

It appears a couple of Leicas and I are heading for USA to collect

material for a forthcoming photographic book about a band on tour.

They have a very culturally diverse fan base and I intend to do

a "waist up" style portrait series as a side theme. Naturally I will

be requesting model releases from everybody but in addition I'd also

like to shoot a "whole audience" portrait from the performers

perspective on stage. What does US law say about publishing such an

image? Who would hold control of rights? the venue, the performer,

myself or every member of the audience pictured.

 

Another thing, the band will be playing with a 50 piece orchestra.

Somebody mentioned that US orchestras are heavily unionized and any

image picturing them could cost a fortune to clear. Do you have any

clues as to where I might stand with this situation or could find

out. Perhaps one of you has a similar experience to share?

 

Many thanks in advance.

[Jerry_]

If you are in business, you need to inquire with a lawyer (in the States) to stay in business. (My guess: if you are in Europe and do not get anything 'published' in the States, you may be OK without a release signed by everyone...for editorial use. If you, for example, intend to have Air France produce advertising material with your images for use in the States, you are in a bind.)

 

 

 

Good luck!

[art_haykin]

Your subject line reads: >>>>"Legalities of (authorized) concert photography in the US?"<<<< Just who is makng this authorization?

[art_arkin]

Good point.

 

What I mean by "Authorized" in the heading is that I am there by invitation of the band as opposed to an audience member strobing away without permission in the front row.

 

What I'm trying to clarify is whether I will be forced to fill the frame with just the band during their performances or actually do what I?d like, which is to make much more engaging images by covering both audience and band equally. Maybe even visually capture the synergy of what makes good concerts so special. I?m bored to tears by the traditional pit style 80-200mm concert snap.

 

 

To the first reply:

 

The images are for editorial use. Though published in the UK there are plans to handle US distribution through a local company. What are your thoughts on this?

 

Naturally I will get all the necessary legal advice closer to the time of publishing but I thought this would be a good subject to discuss on Photo.net in advance and may just prove very helpful. There will no doubt be someone considering a similar project in the future with these questions so lets enrich this great archive of discussions and thoughts.

 

Mentioning the future, here is a thought. I have this strange (and scary) feeling that photo.net has reached critical mass and that our typo ridden posts will somehow outlive us all.

 

( Hi great great grandchild ;-)

[Jerry_]

This is not legal advice, but 'editorial' use in the States is in a newspaper or magazine article. A 'book' that is sold may be considered non-editorial use if someone in the book determines they are not happy with their image being used. Then it becomes a legal issue and who has the best lawyer.

 

 

For most books in the States, a publisher without a signed release is not a happy camper....

[Spearhead]

<I>What I mean by "Authorized" in the heading is that I am there by invitation of the band</i><p>

 

In the US, this is more or less meaningless. In the US, this would be photographing on private property. Whoever owns it (or has the lease or whatever) has the right to control the use of photographs in most cases.

 

However, I am not a lawyer blah blah blah consult a lawyer blah blah blah...

 

Since you're doing a book, have the publisher clear it.

[Spearhead]

<i>'editorial' use in the States is in a newspaper or magazine article.</i><p>

 

By the way, "editorial use" doesn't necessarily apply to photos taken on private property as a justification.

[mikael_karlsson]

Even though it doesn't sound like you're producing a textbook, I feel it's important to mention for the archives that Gerald's comment about books is only partly right.

 

For textbooks and other books that inform and educate there is no need for a release. I photograph law enforcement, prisons and related topics and license images to Pearson, McGraw-Hill, Thomson Learning, Allyn & Bacon etc in the US and there has never been a demand for a release for any images appearing on the insides of a book.

 

If you're producing a coffee-table type book getting releases isn't a bad idea. If you are producing a non-fiction type book documenting the band I'd say there's less need for releases.

[art_arkin]

Just to clarify,

 

This will be a Non-Fiction book documenting a group of shows on the band's US tour, on and off stage. My main question is about photographs of very large audiences. Do I in effect have to get releases from every single person depicted (as ridiculous as that may sound) Could a just recogniseable individual picking their nose in 16th row suddenly try on some kind of legal action?

 

The "whole audience" shots will be taken in a concert hall, i.e. on private property and the book will be published outside the US.

[Jerry_]

If possible, have the ticket printing (office or organization) include a mini-statement that entry to the show equals possible use of photographic images of the concert goers during the concert. If someone does not agree, not going to the show is one option (plus getting their ticket price refunded.)

 

 

 

Some past 'events' led to one lawsuit: a guy was at a football game with his 'friend,' who was not his wife. His wife saw the 'couple' up close on national TV and filed for divorce. The guy sued (*and won*) the television network as he was not part of 'entertainment' when he purchased two tickets to attend the football game.

 

 

 

Editorial use or not?

 

 

 

...it would be on a case-by-case basis.