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02/25/2005 04:36:41 PM · #1 |
Hi, I got a question about a legal aspect of photography. If I made photographs of a band's stage performance and the manager of the band wants to use those pictures for publications (magazine, internet, album layout)and in return all he offers is to keep my name on it for credits. He claims all the rights for the pictures because it's his band wich I won't go for. He even told the band members not to sign model releases.
I don't want to give away the rights for my pictures and have people in the business to make money off of them in exchange for credit for the pictures. Can I still use these pictures for my portfolio (without model releases)?
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02/25/2005 04:41:08 PM · #2 |
You can use them as long as you don't use them for "commercial purposes," that is, you can't sell them or transfer rights to them to someone who may sell them. They are your photos but it is his band.
Sounds like the band manager just wants something for nothing. Tell him that you are not going to give him the rights to use them for nothing and that if he changes his mind, he knows where to call you.
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02/25/2005 04:44:06 PM · #3 |
Originally posted by grandmarginal:
Hi, I got a question about a legal aspect of photography. If I made photographs of a band's stage performance and the manager of the band wants to use those pictures for publications (magazine, internet, album layout)and in return all he offers is to keep my name on it for credits. He claims all the rights for the pictures because it's his band wich I won't go for. He even told the band members not to sign model releases.
I don't want to give away the rights for my pictures and have people in the business to make money off of them in exchange for credit for the pictures. Can I still use these pictures for my portfolio (without model releases)? |
I'm not a lwyer but I will tell you that the band manager has no legal standing to use those images unless you signed something alowing him to do so. You are the artist, you created the images, they belong to you. Canadian law is a little different then US on this, but not in foundation. As far as model releases go, you cannot use the band's images for advertising and such, but they should look just fine in your portfolio.
Word of advice: Get everthing in writing up front the next time you decide to do something like this.
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02/25/2005 04:46:00 PM · #4 |
Without model releases you can use them for personal, educational, or journalistic purposes.
You can show people a print to demonstrate your skills. You can't sell a print, or use it in an ad or on a card, probably not even your own business card (to be safe).
He does not own the pictures, but may control the commercial use of the likenesses of the band members.
If he likes the photos, he should just offer a fair price for a license to use them (not buy them) -- for the uses you describe the price should probably start in the hundreds and go up, depending on the type of use and number of copies to be made. To buy the photo and all rights outright should cost in the thousands.
For a price comparison go to one of the pro stock houses like Corbis and see what it would cost to put a picture on an album cover.
If they don't want to pay, just hang a print on your wall and enjoy. |
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02/25/2005 04:50:01 PM · #5 |
Originally posted by nsbca7:
Word of advice: Get everthing in writing up front the next time you decide to do something like this. |
Absolutely, if this is for a project you have yet to do. You must have a written contract or he may claim copyright under the "work for hire" provisions of the copyright law.
I strongly suggest further research at the US Copyright Office and at Nolo Press. The Copyright Office has virtually all the manuals and circulars and forms online as downloadable PDF documents. |
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02/25/2005 05:06:00 PM · #6 |
| I believe that copyright laws are internatioal. Although you own the copyright to the photo, the band may be trademarked. They have the legal right to hold you accountable if you profit from an image of the band. Many companies will come after you if you do so. Here is a list //www.pacaoffice.org/resources/specialReleases.html You could use the photos for editorial purposes. |
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02/25/2005 05:16:36 PM · #7 |
| Many but not all countries subscribe to copyright conventions. For example, China does not recognize US copyrights, hence all the bootleg software and movies which originate there. |
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02/25/2005 05:41:45 PM · #8 |
Originally posted by GeneralE:
I strongly suggest further research at the US Copyright Office and at Nolo Press. The Copyright Office has virtually all the manuals and circulars and forms online as downloadable PDF documents. |
Simon's in Canada. US copyright law does not apply there unless the image was created in the US.
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02/25/2005 07:08:52 PM · #9 |
Originally posted by nsbca7:
Originally posted by GeneralE:
I strongly suggest further research at the US Copyright Office and at Nolo Press. The Copyright Office has virtually all the manuals and circulars and forms online as downloadable PDF documents. |
Simon's in Canada. US copyright law does not apply there unless the image was created in the US. |
Ooops! I don't have the links for the Canadian equivalent, but I'll look for them in this thread later! |
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02/25/2005 07:29:03 PM · #10 |
Thanks to everyone who responded, your input has been very helpful in taking a decision as to what to do with this matter. I'm strongly leaning towards sending him a interdiction to publish the pictures. If he wants free pictures, he can use the fans snapshots.
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02/25/2005 07:41:04 PM · #11 |
Just a thought, did you just turn up and take pictures of your own volition or were you commissioned in any way?
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02/25/2005 08:49:09 PM · #12 |
Originally posted by GeneralE:
...
Ooops! I don't have the links for the Canadian equivalent, but I'll look for them in this thread later! |
Canadian Justice Department: //laws.justice.gc.ca/en/C-42/
Copyright Board of Canada: //www.cb-cda.gc.ca/info/act-e.html |
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