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03/02/2005 10:39:57 PM · #1 |
| Yes, I am hoping some knowing people can giving guidance here on a maybe tricky mouse-trap question! I have many types of really great photos that I taken of Tori Amos the musician from 2 of her singing concerts! Am i able to be selling these photos? I am always seeing many celebrity photos on sale with maybe faking signatures and things and I'm sure these people aren't sending any payment royalties to the celebrities too, yes? Now that I have these photos of my own copywrite does it allowing me to sell as art? I am curious or does it mean i just have to sit on them and enjoy them for myself and close ones? Thanking you previous to helping answers! |
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03/02/2005 10:44:06 PM · #2 |
Originally posted by Photobabble:
Am i able to be selling these photos? |
It depends on how you plan to sell them. You can sell them to a magazine or newspaper no problem as long as they are used for editorial purposes. Other then that? No, not legally.
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03/02/2005 11:06:18 PM · #3 |
I believe he can sell them as "art" as well...
Robt.
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03/02/2005 11:11:02 PM · #4 |
Originally posted by bear_music:
I believe he can sell them as "art" as well...
Robt. |
I'd be really careful about that.
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03/02/2005 11:11:31 PM · #5 |
Originally posted by bear_music:
I believe he can sell them as "art" as well...
Robt. |
Not likely. |
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03/02/2005 11:28:05 PM · #6 |
There's no difference between a "famous" person and any other person. (We're all famous to some degree....how many people that you don't know personally are aware of your work?)
Without a release, you can pretty much only use them editorially, for education, and for yourself.
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03/02/2005 11:33:33 PM · #7 |
Most all concerts have limits on photogrpahy - technically none i beleive. You generally cannot make money from someon else's likeness without their permission (release or contract of some kind).
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03/02/2005 11:36:03 PM · #8 |
Interesting thread... Could I sell this as art without a model release since we can't really see his face?
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03/02/2005 11:39:56 PM · #9 |
Or even for publicity (guitar related product or whatever)?
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03/02/2005 11:40:44 PM · #10 |
| Celebs have more protection of their 'image' than you would think. You can't profit from them without their consent other than in a news/editorial aspect. You can't sell prints to the general public for a profit in MOST cases. Their 'image' is part of their livelihood. |
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03/02/2005 11:42:08 PM · #11 |
He's not really famous... ;)
Edit ...and like I said, there's not much of his image to be reckognised anyway, of course I wouldn't include his name. I think it's very anonymous...
Message edited by author 2005-03-02 23:45:27.
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03/02/2005 11:45:44 PM · #12 |
Originally posted by grandmarginal:
He's not really famous... ;) |
If the face is not recognizable you will have no problem unless you try to sell prints or otherwise use the image with the subjects name.
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03/02/2005 11:46:16 PM · #13 |
Originally posted by grandmarginal:
He's not really famous... ;)
Edit ...and like I said, there's not much of his image to be reckognised anyway, of course I wouldn't include his name. I think it's very anonymous... |
He is now!
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03/02/2005 11:48:35 PM · #14 |
Originally posted by jmsetzler:
Celebs have more protection of their 'image' than you would think. You can't profit from them without their consent other than in a news/editorial aspect. You can't sell prints to the general public for a profit in MOST cases. Their 'image' is part of their livelihood. |
Celebs certainly have better access to lawyers than most people...so in a practical sense it may be different...but legally it's the same...you can't profit from anyone's image without consent, celeb or not, unless it's editorial.
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03/03/2005 12:11:16 AM · #15 |
I recommend this book:
Legal Handbook for Photographers
by Bert P. Krages
//www.amherstmedia.com/miva/merchant.mvc?Screen=PROD&Product_Code=1726&Category_Code=Bu
Generally if someone owns property they can restrict photos taken BY a person on that property in any way they please. Most public events venues have rules either forbidding photography entirely, or forbidding commercial use of such photographs.
Plus, if the performer or someone acting on their behalf tapes or photographs the performance, then it is automatically copyrighted by them.
Obviously, laws vary from state to state and country to country. This is not professional legal advice, your mileage may vary, bla, bla...
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03/03/2005 07:05:57 AM · #16 |
I had a similar query recently, and I checked with a pro photographer who used to specialise in gig photography.
In the UK, unless you've signed anything to the contrary, you can do what you want with photos of any celebrity. Unless you've been in a venue where it has stated that photos are not allowed. |
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03/03/2005 07:24:00 AM · #17 |
Originally posted by BobsterLobster:
Unless you've been in a venue where it has stated that photos are not allowed. |
And most venues in the US say that somewhere. It will either be the event restricting it or the physical venue.
Clara
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03/03/2005 07:30:47 AM · #18 |
Originally posted by blemt:
Originally posted by BobsterLobster:
Unless you've been in a venue where it has stated that photos are not allowed. |
And most venues in the US say that somewhere. It will either be the event restricting it or the physical venue.
Clara |
Check your ticket as well. Most tickets are a license, the terms of which prohibit redistributing recordings or accounts of the event. This includes photographs.
-Terry
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03/03/2005 07:31:19 AM · #19 |
| Question? If you don't profit, but the photo is displayed bigger than life somewhere (say - Times Square), can that get a person into trouble? |
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03/03/2005 08:51:52 AM · #20 |
Originally posted by woohoopepper:
Question? If you don't profit, but the photo is displayed bigger than life somewhere (say - Times Square), can that get a person into trouble? |
You display a bigger then life image of Mick Jagger in Times Square with out his his or agent's written permission, paid or not, and within 6 hours you will be getting phone calls from lawyers.
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03/03/2005 10:09:09 AM · #21 |
| Whew! Thank goodness it wasn't anyone that big (not in the rock world) by far. And it's been more than five months ... |
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