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Selling photos of bands from free concerts
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Registered Users Posts: 1 Beginner grinner
Hi, I am new to Smugmug but not new to photography.
I go to a lot of outdoor free music concerts, and some not free, where I have been able to get good quality pictures of the bands and audiences.
1)Can these photos be sold without permission from the bands?
2) I see some of this type of photos are being sold from Smugmug, but it seems that there are few Name Bands. Is strict copyright protection by the artists the reason? Or is it that most name band concerts do not permit cameras into the concert?
3) As a followup question: I know copyright lawyers who have indicated that strictly speaking many images are subject to restrictions when being offered for sale without permission from the subject, however many of the subjects I see on the site that are for sale could not possibly have been asked for permission for their images to be sold. It seems that some photographers get to the point where they simply take some chance that their right to sell a photo is questioned, at which point the stop selling it. Is this practice common?
4) Can you comment on the subtleties of the law, for example, giving new users some sensible guidelines for acceptability of which photos are acceptable and which are not?
5) Is it acceptable in the gray cases, to simply remove the image of concern if a subject objects to the sale of their image?
I go to a lot of outdoor free music concerts, and some not free, where I have been able to get good quality pictures of the bands and audiences.
1)Can these photos be sold without permission from the bands?
2) I see some of this type of photos are being sold from Smugmug, but it seems that there are few Name Bands. Is strict copyright protection by the artists the reason? Or is it that most name band concerts do not permit cameras into the concert?
3) As a followup question: I know copyright lawyers who have indicated that strictly speaking many images are subject to restrictions when being offered for sale without permission from the subject, however many of the subjects I see on the site that are for sale could not possibly have been asked for permission for their images to be sold. It seems that some photographers get to the point where they simply take some chance that their right to sell a photo is questioned, at which point the stop selling it. Is this practice common?
4) Can you comment on the subtleties of the law, for example, giving new users some sensible guidelines for acceptability of which photos are acceptable and which are not?
5) Is it acceptable in the gray cases, to simply remove the image of concern if a subject objects to the sale of their image?
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Comments
Second, I assume you are in the US.
Some conditions about the paid admission. Is there a ticket with a disclaimer/contract on it? If so read it. If it doesn't mention photography/images then don't worry.
The short answer: Your pictures are yours to sell.
Longer answers: Become familiar with rights and selling images. For example, I have a contract to shoot for a paper and their website. They get exclusive rights for about a week and non-exclusive perpetual rights. I retain all rights to my work. What this means is that I cannot sell or distribute or publish work I send them for a few days after I send them the images. I can republish, resell, display, etc my images after those days.
Wedding work contracts give the other party perpetual non-exclusive rights to images. The SXSW folks, in 2008, take a full year of exclusive rights and will allow the shooter limited rights to display and publish for self-promotion and marketing use during that time.
Never sell all your rights to an image. Don't get hung up on all the copyright stuff. You took the pic, you have the copyright. Focus on shooting, building your concert photography portfolio and selling!
Your images of people in public places are yours to sell.
To help you with 3#
Next thing to learn is USE.
Use boils down into two areas:
Editorial - News, events, art
Advertising - Commercial products, displays, endorsement.
As an event photographer selling images you need to either state in on bill of sale or contract the images are not for commercial use.
Some folks don't state anything. The reason to not state anything is that the buyer is responsible for their use of the image.
The gray area you mention is more ethical. If someone doesn't want their picture taken then you have to weigh the risk / reward. Personally, I delete the image if I take a pic of someone at an event and they don't want their picture taken. It's good Karma too. You don't have to delete it.
Learn about image rights for selling / redistribution etc.
Learn about the two 'uses'.
Your personal interest in event photography and bands falls under editorial /art use as will almost all the work you do.
You will know when you start doing 'commercial' work.
I'm sure someone will provide you a good book to read.
I am having the same problem. Been doing photography for what seems like my whole life....the past 3-4 years I have been shooting festivals, concerts, ect...for an online mag.
Now my site is getting flooded with people and my email box is stacking up with folks wanting to buy copies of my work...
What to do, what to say is beyond me... I am so confused.
www.jenleeimages.com
I AM NOT A LAWYER
1st amendment lawyers will tell you that its a tough thing to answer, and often goes on a case by case basis. In GENERAL though you have the right to charge money for your works of art, without having permission from who or what is in the art, as long as the image was obtained legally.
Again, in general, release start to come in when the images are to be used in a manner beyond simple art, such as advertising. I can take a picture of you and sell it as a work of art without your permission, but if I use that photo to advertise a product - thus implying you endorse that product - then I need your permission.