Followup -- Rights?

areuwhatudream · Feb 17, 2005

This question is kind of a followup to my other one. Last night I was around taking pictures at a concert. It was Afroman... I don't know if you've heard of him but he sings classy songs such as "Because I got high" and "Colt 45." Anyways, I was taking shots of people there drinking and stuff, and Afroman makes a lot of references to the drink Colt 45, so the bar was serving a lot of those 40's. A representative from Pabst Brewing Company, which makes Colt 45, was there and saw me shooting, and asked me to send him some of the pictures where kids were drinking the 40s, and gave me his business card. What should I do in this situation? Should I just send them to him? Or clarify my rights of ownership to the images? I'm not sure what he'll be using them for, but I dont feel like I should just send my pictures to him... I dont know. Suggestions?

Rogue Monk · Feb 17, 2005

Did he get your contact information? If so, did you agree to do so?

You'd have to get model releases of anyone recognizable that you choose to use commercially. Without these, they shouldn't use your images.

Personally, if I didn't feel right about it, I'd drop it until I either had more info about the guy/business/what ever else you feel you need. Nobody can force you to give up an image for free.

Big Mike · Feb 17, 2005

I would find out exactly what your ownership rights are and send him some proofs...either low res files or small prints...with a copyright notice right on them. Include a polite note explaining that you would love to sell them the rights for the use of the photos.

You might have to be careful because typically there are different rules at concerts. Usually you are not allowed to photograph without special consent and even then there are rules. There are sometimes similar rules in bars/clubs where alcohol is served. They might tell you that you had no right to take the photos in the first place. Although it sounds like the guy was cool and is hoping to use your photos for some advertising or something. In which case you would probably need release forms from anyone in the photos.

Kodan_Txips · Feb 17, 2005

Well....

If you stress that they are yours, and ask for payment for them, he may just bin them.

If you send them, and they use them, they may offer a standard amount, about which you can bicker.

BUT, I would send them, with some sort of copyright message on them, hoping that they are use without being attributed, and without payment, A good way to prove prior copyright ownership might be to get a couple published in a local newspaper. (Offer this free, they may love it.)

The intention is to get Colt to wrongly use your pictures, then sue their @$$.

areuwhatudream · Feb 17, 2005

Haha Well I know that I was allowed to be shooting there because the sponsors of the show, zcampus.com, hired me to take pictures there. I am also pretty sure that Colt45 is a sponsor of Afroman, because he sings so many songs about it, and they were selling Colt45 merchandise there.
I think maybe sending them with a copywrite on the bottom would be a good solution, although I DO need to learn how to do that...