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10/03/2009 06:59:53 PM · #1 |
I'm going to a concert and I'm going to take pictures of the performance. Everything is the standard: the performance, the performers and the venue or the occasion are nothing out of the ordinary. However, I find the following statements on the artist's webpage and I don't know what to make of it. I just don't feel comfortable with some parts of it. How common is this sort of thing? Does it sound fair to you? What's your take?
Any and all audio recordings and still photography taped/taken at a live show may be used solely for non-commercial purposes. Any and all audio recordings and still photography taped/taken at a live show shall be considered "works-made-for-hire" for [....] within the meaning of the Copyright Act of 1976 [...] will own the copyright and all other rights in and to the work.
and from their Photo Consent Form:
This letter shall confirm that we, [...], hereby grant you the right to photograph and/or film the performance of [...] solely during the performance described above, subject to the following conditions.
Promptly following the performance, but in any event no more than ten (10) days thereafter, you shall deliver to us at the address below, high resolution (300 dpi) digital copies of all photographs taken by you. The photographs may be utilized by you solely for your personal, non-commercial purposes; there shall be no other use, exhibition or distribution of the photographs except as approved by us in writing. The copyright in the approved photographs shall be owned by you. You shall not edit, alter or modify the photographs in any manner once approved by us. In consideration of the rights herein granted to you, we shall have the unlimited right to utilize any or all of the photographs for all purposes by any means now or hereafter developed, and in any form whatsoever, with no additional compensation payable to you for such purposes. We may assign the rights assigned to us hereunder in whole or in part to any third party.
This agreement shall be construed according to New York law and you irrevocably consent to the jurisdiction of the courts located in New York, New York in connection therewith.
(By the way, the concert I'm going to is NOT in New York.)
I appreciate your input.
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10/03/2009 07:10:33 PM · #2 |
It is becoming evident that digital photographers are a dime a dozen and these guys do this because they can. If you do not accept these terms, there are another 5 guys who will. This is the heart of the problem IMO. It enables these sorts of contracts to exist and be upheld. Sucks but you have a choice.
Are you getting paid? If not, leave the camera at home and enjoy the concert. If so, accept the terms or don't. Unfortunately, they very likely will not deviate from them.
Sorta dumb how this sort of crap is becoming commonplace. |
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10/03/2009 07:25:51 PM · #3 |
It is clearly an attempt to attain control over the photos while stopping short of a "No Photography/Recording" policy.
However, given that you have to PAY to attend, I'm not sure that the "work for hire" phrasing would hold up in court. But unless you want to pay (and pay and pay) an attorney, I suggest you either just take the photos for completely personal use or, as mentionsed, just leave the camera at home. |
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10/03/2009 09:33:21 PM · #4 |
It looks like you took language from two different sources; one from their web page meant for fans who wish to take photos, and the other from some type of agreement meant to be between the artist and a hired photographer. Both are standard clauses, but are probably in separate agreements. I think you are reading them as one.
The first one meant for fans is just saying, take all the photos you want, just know that those photos are for your personal use and not for you to sell to others, or make money off of yourself.
The second is standard language in an agreement where a person hires a independent contractor, and everything they create is considered "work for hire." In that scenario, the photographer would take the photos and own the copyright, but the artist is maintaining control of where and who gets the images. Just like a company who hires writers, or computer programmers who create code. Their product is considered "work-for-hire" and belongs to the company.
If they are not paying you and hiring you to take pictures and you havent signed the Consent Form, ONLY the first paragraph pertains to you as a fan.
Message edited by author 2009-10-03 21:38:05. |
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10/15/2009 02:20:25 AM · #5 |
Thanks for the input guys. I did more research in their forums and it turns out the Photo Consent Form is for people who want to take SLRs into the venue. The confusion arose from the fact that the link to the form was provided within the general photography guidelines.
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