Trying to cover my butt...

[bourboncowboy]

Perhaps some of you might help me with my issue - before it becomes

a problem.

 

Over the past few months, I have been shooting local bands in a

couple of small venues in my hometown. I have always informed the

bands about my work, and offered them unlimited access to my shots.

I do this work without charge to help the local bands promote

themselves and perhaps get more work.

 

Now, as my work has progressed, I'm considering creating a calendar

for both of these venues. I would like to shoot 12 different bands

at each place and create a collage of photos (one band per month)

for the calendar. The owners of both establishments are quite

welcoming to this idea. I've spoken to a few of the bands, and they

also seem to be enthusiastic about the project. However, in the

interest of covering my butt, I ask the following questions:

 

1 - Do I need a release from each band to use the photos for the

calendar? If so, will each member of the band need to sign this

release?

 

2 - Do I need a release from the owners of each establishment to use

photos taken in their respective buildings? I plan to sell the

calendars to each of the owners for resale to their patrons.

 

3 - If I DO need a release, is there one to be found online, or do I

need a lawyer to create one?

 

I've never attempted a project like this before. However, I've shot

some individual models and have always had them sign a standard

model release (for internet posting). I'm just not sure if the

standard model release will apply in a situation in which the photos

will be widely distributed for profit.

 

Thanks in advance for any advice that you might offer.

 

Mark

[art_haykin]

First off, consult an intellectual rights lawyer, and get releases on EVERYTHING!

[craig_gillette]

In a general sense, releases would almost certainly be a good idea. Even if you have tacit agreement and participation from all involved. Having qualified legal assistance is definitely a good idea. The problem with just grabbing a release off the net is you don't know the quality of the original product or it's validity where you are.

 

Some releases I've seen are very one sided and most reasonable people when presented with some of them would likely run screaming to their own attorney or would just refuse to sign it. Right now you've got a cooperative effort and there is no reason for it to turn adversarial. Qualified help will help keep everyone happy and protected.

 

What could change? One of the bands or musicians might be the next superstar and get picky about publicity - and his/their image is in the calendar which is in production and you haven't recouped any costs yet. One of the bars is sold and the new owners aren't thrilled with the calendar and want it stopped. Or it goes from being a local hit for customers to someone wanting to use one of the pictures on a cover, or a much broader advertising campaign. You'd like to use the images for your own promotion as well. Or there is some "art" sales potential, etc., etc. Covering the possibilities up front could be a lot easier than backing into something or solving a later problem.