miseryXchord ♫

I've posted blogs about "predatory" artist contracts and shooting restrictions in the past...

First Three No Flash, Oh yeah and give us all your pictures for free…

The dying art of gig photography: Today's concert photos strangled by restrictions

as well as one's about other artists who afforded greater creative freedom to their fans...

NIN relaxes policy on audience cameras/recording equipment

and an ongoing current discussion on Flickr's concert photography group

Photography releases are a pressing topic both to concert photographers, and managers trying to protect the band but ensure that they receive press coverage and high quality promotional material is run when they release a new album and start a touring cycle. Most releases I've seen simply state that photographs will be used for editorial purposes only... Some limit use to one publication and require permission before any photos are used elsewhere (still, for editorial use. I've only encountered one of those). 

I have never been presented with the following but was aware of it's existence with several other bands, and was dismayed to find out another band under the same management, who I intended to photograph, is now using this contract on their new tour. 

Note: Without a model release, in the US I am already only able to use photographs of a person for editorial (news) coverage and possibly limited print sales. In no case could I legally use their images on commercial products or advertising, print t-shirts or other merch etc. That's even without having a photo pass to a concert.

PHOTOGRAPHER RELEASE

Dated:________________________



I, __________________________________ (name of photographer) hereby agree to the following with respect to the photographs that I will take, or cause to be taken, of the musical group collectively known as (BAND NAME REMOVED)("you") on the date ______________, 2009 (the "Photos"):

1. I have the limited right and permission to use certain Photos that have been approved by you solely in connection with one (1) article about you contained in ________________________________ [State name of publication].
The Photos may be used only in an article, publication or other medium initially disseminated to the public within one year of the date of this agreement. I shall have no right to otherwise use or re-use the Photos in whole or in part, in any medium or for any purpose whatsoever, including, without limitation, promotion, advertising, and trade, without your written consent therefor.

2. I hereby acknowledge that you shall own all rights in the Photos, including the copyrights therein and thereto, and accordingly, I hereby grant, transfer, convey and assign to you all right, title and interest throughout the universe in perpetuity, including, without limitation, the copyright (and all renewals and extensions thereof), in and to the Photos. I agree that you shall have the right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as you determine, without obtaining my consent and without any payment or consideration therefor. I understand that you will give me appropriate "photo credit" where possible. I understand further that all aspects of said "photo credit" shall be determined by you in your sole discretion and that failure to a ccord said "photo credit" shall not be deemed a breach of any obligation, express or implied. I further grant to you the right to use my name, likeness and biographical xxdata in connection with the distribution, exhibition, advertising and exploitation of the Photos. I will, upon request, execute, acknowledge and deliver to you such additional documents as you may deem necessary to evidence and effectuate your rights hereunder, and I hereby grant to you the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute same within five (5) days after so requested by you.

3. You may assign my rights under this agreement in whole or in part.

4. I hereby waive all rights of droit moral or "moral right of authors" or any similar rights or principles of law which I may now have or later have in the Photos. I warrant and represent that I have the right to execute this Certificate and that the Photos are and shall be new and original with me and shall be capable of copyright protection throughout the universe, that they do not and shall not violate or infringe upon any common law or statutory right of any party, or constitute unfair competition and are not now and shall not be the subject of any litigation. I shall indemnify and hold you, and your employees, officers, agents, assignees and licensees, harmless from and against any losses, costs, liabilities, claims, damages or expenses arising out of any claim by a third party which is inconsistent with any warranty or representation made by me in this Certificate.

5. This Certificate contains the entire understanding of the parties and will be governed by the laws of California in the United States of America applicable to contracts entered into in California in the United States of America.

IN WITNESS WHEREOF, I have signed this Certificate effective as of this ______ day of ___________________, 2009.


ACCEPTED AND AGREED:
By: __________________________________________ ________________________________
Photographer Print or Type Name Here
(BAND NAME REMOVED)
By: __________________________________________
An Authorized Signatory o/b/o (BAND NAME REMOVED)

While this may indeed protect the artist (except from criticism over the contract!), there is no reason under the sun that any photographer in their right mind should sign this contract.

Even if you're not a professional photographer, just a fan of the band, and are dying to be able to photograph them with a real photo pass, you need to realize that:

1) You would not own any rights whatsoever to the photos taken at this show.

2) You could not post any of these photos on your personal website, myspace, or anywhere else.

3) You could not use any of these photos in your portfolio (if you wished to someday be a professional photographer or show your work.)

4) You could not print them out and give them to your friends and family.

5) You could not use them as reference to do drawings or painting based on them, or allow others to do so.

6) They could be published on websites/magazines without crediting you.

7) They could sell a poster or other merch with your images without paying you a fee or even crediting you as the person who took the photo.

8) They can use your name, photo and personal xxdata (including commercially or for advertising purposes) without your permission or compensating you.

9) If someone infringes on the rights you've granted them via this contract (example: you got a fan in one of the shots and they don't bother to get a release from that person before printing a poster, so they get sued) YOU are responsible for the legal fees/damages resulting from the lawsuit.

10) In the US Copyright lasts for the lifetime of the owner plus 50 years (70 years in some other countries). You may love a band, but the band's MANAGEMENT is the one administering this, and 10-15 years from now the person holding the rights to their material might not even BE the band, or anyone who you want to support in any way (example: Trent Reznor lost the rights to "Pretty Hate Machine" because of a bad business manager. Would you want your photographs potentially supporting someone other than the band?)

The only way to make these contracts go away (and hopefully be replaced by ones that respect both the band and the photographer) is if you DO NOT SIGN THEM.