Seems pictures of me are for sale on some guy's website... and I had no idea!

[steve_robb1]

Well, as the title suggests, a friend just sent me a link to someones online

portfolio where he's selling his images under a registered photgraphic business

name, but I had no idea!

 

I was just wondering, from what I had thought, if someone is to gain from a

photograph of someone else, don't they need that persons permission? Or,

because the photographs were taken when I was playing with my band in a public

venue (well, private venue, but open to the public, is that how you'd define

bars?). We play around town fairly often, but this is the first time I've ever

been aware of photo's being posted for sale (as opposed to being used for venue

promotional material, which is usually organised through our manager anyway).

 

I'm just wondering, what should I do? I don't really have a problem with my

photo's being viewable on the web, but it really would have been nice for this

guy to ask, especially since he's making money off of me!

 

Thanks for you insight!

[sam_thompson2]

You could ask for a free print or license to use it in your promotional material. But under the US constitution in the US there really isn't anything you can force the photographer to do if the photograph is editorial in nature which it seems like the photograph is.

 

Bars and restaurants are considered places of public accommodation.

[jtdnyc]

<I'm just wondering, what should I do?>

 

Steve, I'm glad you phrased your question as you did. If you had asked, "What are my legal rights in this situation?," the answer would have to come from an attorney skilled in this area of law rather than from a Casual Conversation. I am always shocked by the amount of legal advice that is flat-out wrong that can be found on internet forums. An accurate answer would depend on several factors you haven't stated in the post.

 

But, since you asked what you *should* do, here's my opinion: you should contact the seller and wish him luck. You and he are both artists in your respective fields and his success will not detract from yours, unless perhaps you had an official photographer present with whom this fellow's work would compete.

 

If he's smart, he will offer you a set of prints without your even asking. If his work is good, you might offer him official access to your future gigs.

 

Should he have asked in advance? Probably. Be the bigger man and wish him well. Hope that people get as much pleasure from viewing his photos as they do from hearing your music.

 

If you follow up and get valid legal advice, you *may* find that you have the right to take steps to stop his distribution of the images. Be sure to ask yourself whether there would really be any benefit to you in doing so.

 

Good luck, whatever you decide to do.

[craig_gillette]

Each state can have different ways they deal with things like this. (California, for example, has somewhat tougher civil protections in this area as celebrities make a living from their images, etc. Would you be a "celebrity?") But this is like the question as to whether it's OK to sell images from events, sports activities, etc. Unless it is commercial (which usually means promotional/endorsing something) or there is some other privacy (like defamatory) issue, in the context of the publishing or sales, there's probably little you can do.

 

There are ways a venue, public or private, can restrict customer photography as a condition of entry but if you/they haven't done so, it will be pretty much impossible to back into doing so.

 

You could discuss the matter with a local attorney familar with the laws of the state where this is occurring but I wouldn't expect there's much you could do in a general sense.

[steve_robb1]

Thanks for the responses guys.

 

Thanks for your point of view Johnathon, I really appreciate it. I'm not the kind of guy to be chancing compensation, litigation etc etc, so you're absolutely right in the way you read my question (and thankyou again for reading it thta way!), I was more after some input on the situation, I guess for some general opinions. I'm not about to go out and hunt this guy down, that's for sure! I may, however, try to get a free copy of one of the photo's from him ;)

 

Thanks again.

[petemillis]

I think Jonathon's advice is best. After all, this guy probably enjoys your music which is why he was there to photograph you. He probably tells other people good things about your music. If you were to give him a hard time then he'd tell everybody that you were a pratt!

[steve_robb1]

Very true Pete, and while I may be a pratt, I don't want that advertised too widely ;)

[zackojones]

Come on Steve -- this is a photo forum man, post the link for the web site where the pictures are posted so we can go critique them :).

[petemillis]

Actually, Steve, what's the name of the band? Do you have a web site? I'm interested in hearing some tracks.

[john_macpherson]

....and if the crew here consider the photos second rate your next gig will be filled with pnet regulars who dont care diddly squat for your music but will make sure your 'image' is waaaay cool!

[alec_myers]

"especially since he's making money off of me!"

 

Of course you could say that in fact he's making money from his own hard work at turning up to gigs, with costly equipment, taking good pictures and marketing them successfully (your contribution as being the subject is about one tenth of one hundredth of one percent of the work in volved in getting a saleable picture...)

[steve_robb1]

Haha! Thanks guys, some great responses there! I didn't want to put a link up, I thought that'd be a bit rude, having an anonymous gripe behind someons back is one thing, but telling everyone who it is you're griping about, that's another story!