About awkward copyright releases

P. J. Alling webstertwentysix at gmail.com
Sun Jul 25 15:45:46 EDT 2010

No what they are saying is that they own your work, and since you bought 
the over priced ticket to begin with, you're paying them for the 
privileged of them owning your work.

On 7/25/2010 3:38 PM, P N Stenquist wrote:
> On Jul 25, 2010, at 10:25 AM, Igor Roshchin wrote:
>> Paul,
>> What you are referring to is the item 2), - about the photographer
>> selling merchandise with the photos. That part is understood.
>> Even without such a form signed, (and it is not always on the
>> back of the ticket) I wouldn't try to produce and sell,
>> say, calendars with the band photo.
>> The problem is in a different statement, -
>> where the band claims to own your photographs and to be able to sell
>> them, - as described in the items 6 and 3 quoted below.
>> They didn't pay the photographer to demand and own his photos.
>> All this reminds me the WTD strip posted by somebody here about
>> a year ago:
>> http://www.whattheduck.net/sites/default/files/WTD835.gif
>> Igor
> I believe they're just saying that you can't merchandise the photos 
> above and beyond selling them to the publication you're shooting for. 
> The band retains rights to merchandising any and all of their photos. 
> It's just a way of ensuring that others aren't going to trade on their 
> name and reputation. The photographer is free to make a deal with the 
> publication that got him the press credentials. It's a bit more 
> restrictive than most agreements but fairly common.
> Paul
>> Sat Jul 24 20:27:28 CDT 2010
>> paul stenquist wrote:
>>> That's normal. The photographers are at the concert to shoot for a
>>> specific publication that has been granted press credentials. The
>>> publication pays the photographer. But rights to merchandising 
>>> photos of
>>> the band are retained by the band and its marketing agency. They 
>>> have to
>>> protect their product. They can't allow it to become a free for all. 
>>> The
>>> audience is restricted as well. It's on the back of their tickets. You
>>> better believe that if someone who was in the audience starts marketing
>>> photos of the band, they'll be sued. .
>>> Paul
>>>> 6) To provide Artist and/or Artist's management or representatives
>>>> in a
>>>> timely manner with high-resolution files of the photograph(s) upon
>>>> request; and
>>>> 3)Artist shall have the right in perpetuity throughout the universe to
>>>> manufacture, distribute, exploit, edit, advertise, display, sell,
>>>> license or, otherwise dispose of the photographs and derivatives
>>>> derived
>>>> therefrom in any manner or media whatsoever including without
>>>> limitation, in connection with any album, commercial merchandise,
>>>> websites and marketing, publicity and promotional materials relating
>>>> to Artist's career;
>> -- 
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