do event venues usually require exclusive rights on contracted photographs....also pr

[wrightm]

Hello,
I have been asked to do some photography work at a major events center on various occasions as a freelancer. There are a variety of large musical acts and entertainers and sporting events and very newsworthy events there. They like my work and are interested in rates.
I was also wondering when shooting events that are very newsworthy such as this; do you usually maintain rights to your images in hopes that you may receive further publication and income by selling those images to other media outlets?
Or does a venue usually demand exclusivity for the images you take for them while under contract?
Also, if anyone has advice on what to charge in this situation it would be a huge help.
I have been trying to get work in this field for years now and have not known the right people. I had a friend hired at a major event center and I was flattered to find she suggested me as a backup freelance photographer for these events. Her boss loved my work and is now wondering what my rates are.
This is a huge step for me and a big foot in the door (hopefully); but I feel that my rate request will be very much scruitinized as far as overbidding or underbidding. I havnen't the slightest where to go on this one.
cheers,
M

 

[JIP]

Charge what you think your time is worth. You need to have confidence in your rates and stand up for what you charge otherwise they will think you charge too much.

 

[Sideburns]

I'd keep my rights...but I dono...I dont' see why they wouldn't let you.

I'm sure somebody can give you a ballpark of rates.

 

[wrightm]

If it is somebody like the Red Hot Chili Peppers that are playing the venue for example; I they they make very specific demans of the venue in terms of photography rights. I doubt I would be in any position to tell RHCP that I demand rights to my photographs.

 

[dangerdoormouse]

Yes, it is hard knowing how to price yourself. I understand about pricing yourself by how confident you feel in your abilities, but sometimes you need to know what ballpark you are in. I haven't done these types of events, so I am not a lot of help. I found this for you, which is the NUJ's guide to prices for various sorts of work. It doesn't have large concerts in there per se, but there are price guides: http://www.londonfreelance.org/feesguide/index.html
Also if you have a good look around the site it gives you loads of advise about copyright etc. However obviously this is under British law, and I do not know where you are from.
My advise would be not to price yourself too low. This sets a precedent. Now you are inexperienced, but in 6 months you won't be. It is hard to push up the price when they have got used to paying you a set rate. I am almost inclined to work for free rather than work for cheap, just because you can say working for free is a one off special, but working for cheap tends to set the standard. Do you do normal photography work? If so, how about charging your normal rates, say a half day rate, or a whole day, depending on type of job. You may well find if they are a large venue they have all of the liscencing rights stuff in a contract they want you to sign. I sometimes do work for an events company and they send me a tonne of paperwork beforehand which states what I am and am not allowed to do with the photos. It might be worth asking what there liscening terms are before you set your price. But please keep me posted on how it goes. although I am not doing quite the same thing, I do quite a lot of PR stuff and as I have only been going for about 6 months I have pricing difficulties on an almost daily basis.

 

[fotogenik]

I would be interested in hearing how this one goes as well. Please post back and let us know how it worked out for you.

 

[wrightm]

Hiya....so I heard back from my friend on the subject of photo rights on this issue. She came back with two examples of photo contracts which I will be made to sign (from the artists). So basically it will turn out to be about $300 per shoot regaurdless of the shoot time....a couple of songs or 10 hours and I must sign the releases. The images are used for the venues media and PR mailers and in house wall displays. What do you think?
The first release seems pretty straight forward and agreeable to photographers. It sounds like they allow you to keep all rights to images but simply restrict useage to editorial uses only unless you get permission from the band.
Is this correct?
The second release is far more troubling. It is quite a bit more confusing. Can you take a look and maybe explain what this is saying a bit more in detail? This one sounds like they are asking for complete image rights transferred to them for whatever purposes they have need of. From what I hear; this type of contract is the main reason for their needs to hire another photographer as their other photographer has refused to sign such contracts.
This really bothers me as well because I am totally screwing the other photographer and all other photographers over. In my opinion, agreeing to this sort of contract is totally against any photographers rights and is totally unjust. In normal circumstances I would never sign such a contract without a very large sum of financial compensation; but since this is involving a very large musical act and a great opportunity for my photographic career; I really cannot turn down such an offer. In the future, it may come back to haunt me and they'll need another photographer again to shoot those events which I refust to sign....but for now; I really want this job....
Anyways..here are the contracts. let me know what you think.
Cheers,
M

#1
Dated: ___________
Gentlepersons:

Conditioned upon my full compliance with the terms hereof, you hereby grant me permission to photograph, videotape, and/or film the Group.....

Date(s): _______________________________________________________

Place(s): _______________________________________________________


1. Insofar as the Group and the Members are concerned, I shall have the right to use or authorize the use of the Photos solely for editorial purposes.


Name of Publication:

____________________________________________________________________

Name of Station/Program/Other:

____________________________________________________________________


2. Except as provided in paragraph 1 hereof, I agree to obtain all third party consents, licenses and other clearances which may be necessary in order to use Photos in the manner set forth in said paragraph 1 and agree to indemnify and hold the Group and the Members harmless from any and all third party claims arising out of my use of the Photos. I agree that your permission and the privileges granted to me hereunder may be revoked by you at any time.

3. I shall not use, or authorize or permit the use of, the Photos for any commercial or noncommercial purpose whatsoever, other than as set forth above, without your express, prior written consent, which you may withhold in your sole discretion. Further, I shall not use, or authorize, or permit the names and/or likenesses of the Group and/or the individual Members in any advertising, promotion, merchandise, or other commercial tie-ups, or in any manner as a direct or indirect endorsement of any product or service.

4. I agree that it would be extremely difficult to calculate the monetary damages which a breach by me of this agreement would cause you, the Group and the Members. Accordingly, I agree that, in the event of a breach or threatened breach by me of any of the foregoing provisions, you, the Group and the individual Members shall be entitled to injunctive and other equitable relief to stop or prevent such breach or threatened breach. This agreement shall be governed by and construed in accordance with the laws and judicial decisions of the state of California applicable to contracts to be performed wholly within said state.



Contract #2 (would be great if someone could explain in a bit clearer terms)

AGREEMENT made and entered into as of ____________________ by and between _____________________ (“Photographer”) and (“Company”) with respect to the following facts: Photographer desires to create photographs, videos, negatives and prints (hereinafter, collectively referred to as the “Material”) with respect to one or more performances of the xxxxxxxx and xxxxxxdesires for Photographer to create the Material. Company shall own all copyrights, the exclusive universe-wide publication rights and all other rights in the Material, including, without limitation, the exclusive rights to use the Material for any purpose and in any medium, now known or devised in the future, perpetually and throughout the universe, and to modify the material in Company’s sole discretion.

In consideration of the foregoing premises and the terms and conditions set forth below, the parties hereto agree as follows:

1. Assignment of Rights to Company.

(a) Photographer does hereby assign unto Company all of Photographer’s right, title and interest in and to the copyright of all the Material created, and all parts and elements thereof, including all derivative rights therein, the exclusive right to register copyright in the name of Company, and any and all causes of action arising under the rights assigned by Photographer to Company under this agreement.

(b) Photographer does hereby assign unto Company all of Photographer’s right, title and interest in and to any other intellectual property rights that Photographer may claim in the Material, or any part thereof.

(c) Photographer shall not publish the Material or use it in any other manner without Company’s prior written permission in each instance. Notwithstanding foregoing, Photographer shall have the right to use the Materials solely for non-commercial purposes.]

2. Compensation. In consideration for the creation of the Material and for the rights granted herein, Company shall pay Photographer the sum of One Dollar ($1) and other good and valuable consideration, the receipt and sufficiency of which Photographer hereby acknowledges.

3. Warranties and Representations. Photographer hereby warrants, represents and covenants that Photographer has the right and power to enter into and fully perform this agreement, that no use of the Material by Company or its licensees, for any purpose, will violate any law or infringe any rights of others, and that Company will not be required to make any payments in connection with the Material or its use, except as provided in paragraph 2 above.

4. Indemnity. Photographer shall indemnify and hold Company and any licensee of Company harmless of and from any and all liabilities, claims, causes of action, suits, deficiencies, damages, losses and expenses (including reasonable attorneys’ fee) for which Company may become liable or may incur or be compelled to pay in any action or claim against Company arising from or in connection with Photographer’s breach of any of Photographer’s warranties, representations or covenants contained in this agreement.

5. Headings. The headings of the various paragraphs and subparagraphs of this agreement are for convenience and easy reference only and do not define, limit, augment or describe the scope, content, or intent of this agreement or any part of parts of this agreement.


IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.

Photographer: Company:



By: By:
Authorized Signatory

 

[skieur]

Aside from the poor pay at $300 for 10 hours, the risk alone is not worth it and neither are the rights that you are giving away.

The photos you take, can be resold by the company and potentially recoup for them more than $300. Your photos could appear anywhere without your credit as photographer. You would probably even need the permission of the company to them included in any portfolio of your work or on display in your own studio.

Worst of all, if someone decided to sue the company related to one of the photos you took, then you would be paying the legal bills of the company and the cost of any settlement.

Bad idea to accept any such contract.

skieur

 

[Joves]

If they want exclusive rights the rate should reflect that in higher costs.

 

[RyanLilly]

Giving away all rights for $300, per photo? Well It might not be so bad, if they want 20 shots= $6000, but what if they say "this is all crap, we don't want any."=$0

Do you know ant lawyers that could read over the contract for you, make a few revisions and return it and see what they have to say.

 

[RacePhoto]

Giving away all rights for $300, per photo? Well It might not be so bad, if they want 20 shots= $6000, but what if they say "this is all crap, we don't want any."=$0

Do you know ant lawyers that could read over the contract for you, make a few revisions and return it and see what they have to say.

It's $300 for the entire Shoot not per Shot.

Contract #1 he retains the Editorial rights, which is standard. For most events, you can't use the photos for anything but news/editorial because the location, promoters, sanctioning bodies, logos, trademarks, preformer likenesses and a long list of others, who retain those rights.

#2 is strange, but I'm in the US. All rights for "perpetually and throughout the universe", forever, for $1?

I'm not a lawyer but the non-commercial purposes rights are granted to the photographer, which in legalese may mean news/editorial?


Something is missing from contract #2, unless they want someone to work for photo credits, which won't put food on the table or pay for equipment.

 

[RyanLilly]

It's $300 for the entire Shoot not per Shot.

Oh man, I guess I should learn to read more carefully. Disregard my previous comment; The pay does suck, but then again no one pays me for anything, so...

But, If you can get work regularly from them, it could be something pretty good.

 

[ScottS]

Take the 300 bucks and use it as a learning experience. I have done that quite a bit, and still do to a point. For me it wasn't all bad to get paid very little in the beginning because, like you said, no one pays me for anything. Eventually when you get better at all this stuff, you will get paid more. But hey, we all gotta start somewhere.