Photography rights

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  • martinadolfsson3

    Just to add to BH26 answer, as long as you didn't sign a "work for hire" contract with the band which it sounds like you didn't you own the full rights to your images and can do whatever you want with them except for licensing them to appear in any type advertising, for that you would need the bands written consent.

    However, if you want to maintain a relationship, asking for their consent is highly recommended even if it's just a print, throw in a bottle of wine (or Whiskey - it's a Rock band after all) and everyone (except the management) would probably be happy

    • Yeah definitely, no contract whatsoever indeed and everybody means well. I'll clarify this and it should be fine. But good to know how this would usually work.spl33nidoru
  • spl33nidoru1

    Right, we have an on and off friendly on-going collaboration, they'd bring me on tour sometimes, I'd give them ideas, have worked on a few things with them.

    I'd definitely give them each a set of prints and/or a gift in gratitude (would prob sell prints in the $200), they don't need the money and know they can use these photos whenever.

    Out of courtesy I did ask their mgmt about rights but it sort of turned into splitting the $, making me not really want to bother making prints anymore.

    • Yes, there's your answer.robotron3k
    • There's a difference between using the imagery for syndication, or advertising. If they want to use the band shots for say Fender guitars, or just a fans wall.BH26
    • Maybe management misunderstood the end use.BH26
    • Part of it is neither of us has prior experience with that. In theory, despite being the subject, they might not be entitled to a share of profitsspl33nidoru
    • since I'm not using their image to sell something else (but using my photo to sell my photo, right of artistic expression).spl33nidoru
    • Will work it out with them and forget about it if it's not worth the effort, thanks guys!spl33nidoru
  • formed1

    Depends on how much you like these guys and how much they are making (if they are well known, making a killing, I wouldn't worry about paying them as long has you have that release...cause I am sure their management will want something).

    If you have a detailed release (not a verbal 'ok') then just do what feels right. If I was making $5 per pic, I wouldn't bother, if I was making $5k per pic, I'd think I would have enough to at least give them something (maybe offer a free book, free video shoot, etc., to show your appreciation...but if it's only a few bucks, I wouldn't bother).

  • detritus1

    I doubt there's a hard and fast answer.

    Look at it this way though - if someone was profiting off photos of you, would you want a cut? I'd at least like to be asked about it...

  • spl33nidoru

    So many contradicting answers online on these topics, I think I know how to proceed but I'm curious to see if anyone here has first hand experience.

    Say you regularly hang out with a well known band and shoot them here and there, everyday life and backstage, not promo shots.

    People eventually ask you for prints, you check with the band that they're fine with a selection of images ending up in someone's living room, they give you the green light to sell prints.
    Should a share of these sales go to the band ?