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DPChallenge Forums >> Business of Photography >> concert photography
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 01/11/2007 10:41:50 AM · #1
I have a legal question. Can someone take photos of a well known act at a venue that allows photography and sell the prints?
 01/11/2007 12:52:43 PM · #2
you could sell them to a newspaper/magazine/etc as editorial content, but i don't think that's what you have in mind.

as for anything else, the short answer is 'no'. even though there are a number of variables that might put you in a situation where you have something you can legally sell, the odds are against it.

on the other hand, people do it all the time, and some of them get away with it. however, how bad it can be for those who get called out depends on the attitude of the subject and the subject's legal counsel. it might be a simple cease and desist, it might involve money. it's up to you as to whether or not it's worth the risk...

Message edited by author 2007-01-11 12:53:48.
 01/11/2007 01:07:54 PM · #3
out of curiosity, what would the variables be that make it OK? Sceneario is, I go to a venue to see the show, photography is allowed. I shoot a ton of photos and people want them, people in teh crowd ask for my website and where they can buy prints. What can I do?
 01/11/2007 02:12:27 PM · #4
I sell a lot of concert shots, and it's allowed and legal if not the bands management has instructed you otherwise. The trend seem to be more and more labels/managements want to restrict photographers from selling live shots. The worst example I experienced was with Guns n Roses, they forced any photographer to sign a contract giving them full copyright of the photos, and you were only able to use 1 photo 1 time in a publication. As a result, the concert was barely covered by the media.

Feel free to sell your shots, just make sure you haven't signed a contract that prohibits you from selling.

01/11/2007 03:14:48 PM · #5
in the US, even if a venue allows photography, it is typically photography for personal use only, not for commercial use, which typically means selling images, even if you are selling them 'as art'. you can try it, you may get away with it, but, if you get on anyone's radar, you best be ready for whatever comes your way. when money's involved, those agents and lawyers have wicked ways of sniffing it out...

some variables that might make you legit? it's a free performance in a public square and the band gives you permission to take and sell photos. or you have a contract with the band to take and sell photos. or the band is small enough that they'll be glad someone is raising awareness about the band...
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