I tried to get my head shot/publicity phot that I have been using for over TEN YEARS (yeah, I know, time for a new one) copied at Walgreens as a giveaway with my website address on it for a concert I am playing Friday. It is also on my website, available for download in high res, for the press. They not only refused to give me the pictures I ordered, but when I explained that I was the copyright owner and was willing to give them written assurances of the fact and indemnify them against any copyright infringement, they STILL refused!!!
Wikipedia says fair use practices are determined within common business practices of the industry involved, and EVERY musician, singer, dancer, and actor in New York City, a mere TEN MILES AWAY, knows this, as do the photo labs. There is no copyright symbol or any proof that I am not the copyright owner. No photographer takes head shots for a musician or other performing artist and expects the artist (who pays them for this as a work for hire,) to not use it or reproduce it, and a LOT.
What kind of a bonehead store manager thinks they know more about copyright law than a composer and musician? I already told them the "photographer" merely clicked MY CAMERA, over ten years ago, three states away, I composed the shot, and I own the image. They won't even take my statement in writing?!!!?? What is this crap?!!?!?!
No, they want some photographer, they don't know who, but whoever it "must be", to write a release? Not every headshot photo ever taken has a release from a photographer. You ask, "will I own the images?" and they say, "yeah." They ask, "can I use it in my portfolio?" and I say, "yeah." End of story. Headshots, for crying out loud. They don't even know the term.
I know what to do, though. |
