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07/31/2008 03:12:58 PM · #1 |
Photographers credentialed to shoot the Foo Fighters and apparently a few others live have to sign this release, which gives the bands all rights to your photos and lets them do whatever they want with them without telling you. I think they've gone way too far to protect their images. Photographers shouldn't be expected to sign away the rights of their own pictures.
Dated:
I _______________________ (name of photographer) hereby agree to the following in favor of FOO FIGHTERS ("you") with respect to the photographs to be taken by me of the members of FOO FIGHTERS (either as a group or as individuals) on the date referenced below (the "Photos"):
1. I have the limited right and permission to use the Photos, subject to your approval of the Photos, solely in connection with one (1) article about FOO FIGHTERS contained in ___________________ _____________________ [name and description of article, publication or other medium]. The Photos may be used only in an article, publication or other medium initially disseminated to the public within one year of the date of this agreement. I shall have no right to use or re-use the Photos in whole or in part, in any medium or for any purpose whatsoever, including, without limitation, promotion, advertising, and trade, without your written consent therefor.
2. I hereby acknowledge that you shall own all rights in the Photos, including the copyrights therein and thereto, and accordingly, I hereby grant, transfer, convey and assign to you all right, title and interest throughout the universe in perpetuity, including, without limitation, the copyright (and all renewals and extensions thereof), in and to the Photos. I agree that you shall have the right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as you determine, without obtaining my consent and without any payment or consideration therefor. I understand that you will give me appropriate "photo credit" where possible. I understand further that all aspects of said "photo credit" shall be determined by you in your sole discretion and that failure to accord said "photo credit" shall not be deemed a breach of any obligation, express or implied. I will, upon request, execute, acknowledge and deliver to you such additional documents as you may deem necessary to evidence and effectuate your rights hereunder, and I hereby grant to you the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute same within five (5) days after so requested by you.
3. You may assign your rights under this agreement in whole or in part.
4. I hereby waive all rights of droit moral or "moral right of authors" or any similar rights or principles of law which I may now have or later have in the Photos. I warrant and represent that I have the right to execute this Release and that the Photos are and shall be new and original with me. I shall indemnify and hold you, and your employees, officers, agents, assignees and licensees, harmless from and against any losses, costs, liabilities, claims, damages or expenses arising out of any claim by a third party which is inconsistent with any warranty or representation made by me in this Release.
5. This Release contains the entire understanding of the parties and will be governed by the laws of California applicable to contracts entered into in California.
IN WITNESS WHEREOF, I have signed this Release effective as of this ______ day of _____________________, 20____.
By: ___________________________________________
Photographer
Message edited by author 2008-07-31 15:13:23. |
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07/31/2008 03:16:52 PM · #2 |
| You don't have to sign it. |
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07/31/2008 03:18:44 PM · #3 |
| Never liked the Foo Fighters anyway. Case of "Emperors New Clothes" if you ask me.. |
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07/31/2008 03:28:40 PM · #4 |
But they are probably getting paid a ton to shoot for the tour. If not then that is bogus.
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07/31/2008 03:32:37 PM · #5 |
Dave Grohl can do what ever he wants the Foo ROCKS!!!!! :-P
But seriously like spaz said you dont have to sign it and they have every right to protect their image as they see fit.
If the tour is paying the photogs or not is not the issue it is the bands right to their image. |
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07/31/2008 03:36:07 PM · #6 |
Are you wanting to use the images for something other than the sponsor of the media pass?
Cleary it gives you the editorial rights to the images for the publication or agency that the pass was issued to. The part about getting their approval before publishing in the sponsor's medium is a bit over the top.
Why should they let anyone profit from their likeness simply becuase you had press access? These restrictions have been in place for years. Same for all major sports leagues. |
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07/31/2008 06:10:17 PM · #7 |
Becoming more common for the "big names."
Metallica's is similar, but arguably worse than that (and others might follow their example) -- you get to use the photos for editorial use ONCE and only once for the specific assignment which you must exhaustively detail -- then NEVER again, for any purpose, at any time, real or imaginary, in this or any parallel universes, ever ever ever never-ever - neener, neener, neener!. (The legalese sounds a little less childish, but not very).
Message edited by author 2008-07-31 18:12:59. |
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08/18/2008 12:56:02 PM · #8 |
| "throughout the universe"??? Give me a break. They're not THAT good! |
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08/18/2008 03:54:37 PM · #9 |
This particular agreement has been common for a long time. This is an agreement specific for a press photographer to gain access to the venue via the band's management. The agreement grants all the necessary rights to the photographer for the specific purpose of publishing the image(s) in a magazine, newspaper, or other publication.
There are lots of other situations where the photographer does not own copyright to the images he/she shoots. A LOT of photographers who have been hired by news/media organizations do not own copyright to what they shoot. Copyright is retained by the organization who is paying the photographer's salary.
This is not uncommon or abnormal... |
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