Giving photos to others when already hired by someone

CaptainProg · Sep 3, 2011

Hi,

At the weekend I was asked to cover photography for a small music festival. I had agreed to work in exchange for free entry - no monies changed hands. There was also no specific agreement made beyond 'I will take photos, and send them to you next week'.

I live in the UK, and know nothing of photography law. At the festival, understandably, some of the acts I was photographing asked me if they could have a copy of my photos. I was also approached by a journalist who would like a copy of photos from one of the bands for a column he is writing.

My questions are:

Am I legally allowed to give a copy of my photos to a performer (for free or otherwise)
Am I legally allowed to give a copy of my photos to a journalist who will then publish them in a commercial newspaper? (again, for free or otherwise)

I imagine the rules are slightly different for the two scenarios, as one was for a performer's portfolio, whilst the other is for a commercial product (a newspaper), but essentially I don't know whether when working on a job like this I give up all rights to the photos completely, or if I am free to sell them to whomever, and however many people, I wish

As no specifics were agreed with the festival organiser beforehand, I don't know whether I am able to give copies of the photos to anyone, let alone ask for something in return. Then again, I was not technically paid for my work at the festival, although I was allowed in for free.

What would be the usual thing to do and would anyone consider asking for money from people (especially newspapers) who ask for shots?

Any advice would be appreciated. This has been my first major photo job, and in the past I have just shot bands, and always just in exchange for free entry.

- Matt

bentcountershaft · Sep 3, 2011

Did you sign anything? If so it depends on what you signed. If not you should be able to do anything you want to with them short of using them to advertise products.

jaykilgore · Sep 3, 2011

Being in your in the UK, the laws differ there and imho, you're better off asking a lawyer vs a bunch of US based photographers.

CaptainProg · Sep 3, 2011

I'm just asking if it would be sensible to give them to people for free - I wouldn't hire a lawyer just for that. I'll assume I can then, but not ask for money

Overread · Sep 3, 2011

Check with the festival organisers for the site policy on photography on the day - ie to find out of they limit the use of photos taken on the private property during the event. If there is no limit in-placed upon the use of photos taken on the day and; lacking any verbal or written contract between you and the organisers to say otherwise, then you still own the full copyright over your photos and can use them commercially and editorially as normal (remembering that you'd need model releases from the people in the photos for commercial use).

Note that the journalist would count as editorial use (as far as I'm aware) and not commercial (which would be something more like billboards or advertising) even if you are being paid for the photos (which for a commercial newspaper they should be paying you - the times of free handouts leading to more work are mostly dead for the photographer in many areas simply because there are so many willing to give work for free that there isn't the same lead into paid work that there once was - esp for big companies and agencies).

PS I don't play a lawyer on the TV and if you are going to do things you might want to see if you can get a free consultation with a lawyer. In addition if you are going to do more work in the future it would be time well spent to get up to date on the accurate legal info - furthermore always always use a paper contract, signed by both parties. It does not have to be massively complex, but something formal on paper to outline the full agreement; it saves a lot of headaches when problems might arise when each party thinks that the other party knows something not stated openly (plus its hard to fight legal battles on verbal contracts).