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DPChallenge Forums >> Business of Photography >> Concert photography question.
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01/15/2008 12:04:21 PM · #1
Howdeh!

Ill explain my 'issue' real quick.. I contacted a pretty famous band, asking if it was oke for me to shoot at their gig this coming thursday. Got the email back, and it wasn't a problem. I'm allowed to shoot, and the manager told me to call him about details. So i did, he told me i could shoot the gig, mainly from the press-pit if thats what you call it.. The part between the audience and the stage. So I asked him if they would need the photo's afterwards, which turned out its oke for me to send them, if i have any nice shots.
Now my question is.. Is it oke for me to sell the pictures, any license for that or whatever, or do i need a model release in this case?
The manager of the band gave me permission to use the pictures.. So it's kind of unclear to me..
Anyone who knows?

Thanks in advance,
Mike
01/15/2008 12:07:21 PM · #2
Who're they? I am curious now :P

Message edited by author 2008-01-15 12:07:40.
01/15/2008 12:11:44 PM · #3
Epica.. And in a few weeks most likely i got Within Temptation :)
01/15/2008 12:37:02 PM · #4
I am sure there will be better answer for this, but I would ask that manager to sign a paper for his words to release all the photos for your own use, or sell. Usually you get an autograph or take famous people's pictures for personal use not to make money out of them (as far as I know). So, ask nicely if they would sign a paper, I am not sure if that would be a "modal release" but any kind that gives you permission and signed by proper person. I think you also have to make sure that manager has rights to give permission for all the band members.

Now my question is, is this situation the same if I ask to the manager if I can record the band using my handheld recorder and if I can sell that music outside... or make movie and sell that as music video? I wonder... hmmm!

Message edited by author 2008-01-15 12:43:14.
01/15/2008 12:40:48 PM · #5
Interesting question.. But yeah, ill try to get it signed, i think thats the best thing i can do..
01/15/2008 01:05:46 PM · #6
They are your pictures. You can sell them as stock or for editorial uses. You can exhibit them as fine art, even sell them to collectors. The only no-no is advertising.

If this were for some kind of advertising, model releases are needed. Otherwise, it's fair game. If you take a picture, as long as it's not used for advertising, then you can do with whatever you want.

this very reason is why advertising has so much money involved. Everyone knows the client needs permission (and they have deep pockets), so they all want a piece of the pie.

01/15/2008 01:39:05 PM · #7
i disagree with that. You cannot sell images of others w/o their consent. The manager saying you can take photos is not enough. You need signed papers stating what you plan to do with them. You could not take photos of a professional athlete/musician and sell them w/o permission. You are selling the photos not for your photographic quality but because of what the subject is.

You can try, but when you get a cease and desist notice from the band's attorney don't be surprised.

Someone else asked about recording a concert and selling the recording. You cannot do that w/o permission either. Some bands allow tapers, that is you are allowed to record the concert and they usually provide you a place for your recording equipment, "taper section" and you can TRADE the recordings w/ others. YOu cannot sell them. its a publicity move so lots of people hear the show. Phish and the Dead were huge taper bands.

Sometimes someone will aproach the band ahead of time and ask if they can record and sell the CD. Usually they will offer a % to the band. Sometimes bands will allow this for free because the recording will be a soundboard recording and essentially CD quality sound. This gets good quality live material out for the masses, again a publicity move.
01/15/2008 01:43:24 PM · #8
I think 31_N.gif dstrohl's concept is true only if the band plays outside in the public. Any show in public is public's material and can be sold. If you go to a place is not public but owned by private individuals, then it changes to permission thing... at least that makes sense to me more :)
01/15/2008 02:05:27 PM · #9
it doesn't matter where they play. you could take a photo of Eric Clapton walking down teh street and still you cannot sell this photo w/o permission. You could sell it to a paparazzi mag, but you could not sell multiple prints to the public. Reason is you are making money off of his likeness. You would need signed permission to sell them commercially.

If the concert was outside in public you could shoot it, but not sell the photos. Again you would be making money off their likeness which is illegal w/o permission.

paparazzi make money because they sell images to magazines and newspapers which publish the images. they can publish because its for editorial content and even they get sued sometimes.

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