Legal Question on this Photo

[BrandonSi]

I've already had a few people express interest in a print of this, but I'm curious as to what you would consider the legal aspects of this one to be. It was taken at a public concert at a local venue, the owner and I had an agreement that I could come shoot and if he liked any of the photos he could use them on his website, that was it. The band was aware I was shooting, I spoke to several members to get their names, and I emailed the set to the lead singer (who is in the photo) a few months ago. I told him if he ever wanted the full size versions to just let me know and he could have them, but he never responded. Anyway, said pic.

http://www.is-everything.com/images/temp/mike_nme.jpg

[Digital Prophet]

My guess is that the owner of the venue has photo and pubilicity rights built into his contract with the band. If that is the case the all you need is a property release from him. But I might get a copy of that contract too.

- Digital Prophet -

[anttor]

i say, he let you you take the pictures, the only thing was he can use them on his site if he wanted to, do what you would like with them.

[BrandonSi]

My guess is that the owner of the venue has photo and pubilicity rights built into his contract with the band. If that is the case the all you need is a property release from him. But I might get a copy of that contract too.

- Digital Prophet -

Thanks.. I'd have to check into it, it's possible he didn't. When I say "venue" that is misleading, think strip-mall in the suburbs where a couple of 25 year old guys bought out some empty space and put a stage up with some lights, and charged $5 a head. Not even a liquor license. Good point though, I'll give the owners a call.

[cmM]

Theoretically, if you wanna use that picture for commercial purposes you need a model release. Now whether that model release was included in some other contract or agreement signed by the band is a different story.
Of course, concerts are public events and might differ from a legal point of view, i'm not sure. But I would find out if there were any agreements (as mentioned above, check with the owner)

[Digital Prophet]

Unless the person in the pic has given away rights to his image, I think you need to get person from him.

If a performance contract has a clause to use still and recorded images of the performance for promotional and commercial purposes (and alot of them do) then you can sell those images to the venue without a personal release. Because the band has already yielded the right to privacy and publicity in the venue contract.

However, since you don't have a personal release your market is limited entirely to the venue owner and thus the images aren't as valuable. So you may get lower prices.

- Digital Prophet -

[Longwatcher]

What Digital Prophet Said,

Although I would have said it...

You can sell it to the venue or the band probably without getting in trouble from the sounds of it, but you are going to need a model release to sell to anyone but the venue or the band as I understand the rules.

You may also need a property release from the venue if selling to other then band or venue.

Just my understanding from following these issues, I am not a lawyer. See one for correct information.