Photographers Rights with Concert Photography

[ClintonWilk]

I am new to concert photography and I was recently asked to photograph a band's performance at a local concert by the organiser. I was not able to speak to the band or the band's manager before or at the time of the performance to organise any signing of release forms. I managed to get the managers business card before the band left immediately after the show. I emailed the manager after editing the photos asking for permission to use images and he responded with:

"Apologies – a DECLINE. All recordings of _____________ remain the exclusive property of Sony Music Australia."

I have felt really down about the situation and am not sure what rights I do have to use the images. Can anyone please provide some advice.

 

[tirediron]

You will need to consult with a lawyer who specializes in copyright law. A lot will depend (I believe) on what your copyright law states in general regarding this sort of photography and what you were told/agreed to beforehand.

 

[ClintonWilk]

Unfortunately, nothing was agreed to beforehand with the music manager, by the organiser or from me. A lawyer sounds too expensive in my scenario.

 

[ClintonWilk]

I am in Australia

 

[tirediron]

Do some research on your own; my guess would be they don't have a legal position, but I don't know. Sony is well known for doing everything they can to control everything related to their IP.

 

[Overread]

Many big companies, by intent or by lack of understanding in their lower ranks, will often have very one-sided agreements or policies. These policies might be internal setups that are not legally enforceable, but which can sound like they are.
So it might be the manager has simply quoted company policy without being legally trained in such as well.


Consider also if there was an agreement/contract between you and them before the event and if you went as a public member with tickets if they in turn have any agreements attached to them (terms of entry and such).


This is one of those things that you want to put down to a good lesson in pre-event planning and setting up an agreement/contract before you go and shoot. It's also a little more complex as you didn't agree with the band but with the organiser so consider contacting the organiser direct. The band might just be giving you the mantra whilst your contract is with the organiser.



Also I'm willing to 100% bet that Sony Australia isn't going to claim the thousands of shots of the band that are no doubt taken at events by the public. They likely only care if you're looking to profit from sales; thus you might wish to confirm that you only wish to display the photos rather than sell prints/copies.






edit - also the statement said recordings. That makes me wonder if the manager thought you were asking about video instead of photography as most people don't call "photography" a recording.

 

[KmH]

I am in Australia

COPYRIGHT ACT 1968

 

[table1349]

I have felt really down about the situation and am not sure what rights I do have to use the images. Can anyone please provide some advice.

My advice is simple.

Never play cards with a man called Doc.
Never eat at a place called Mom's.
Never sleep with a woman whose troubles are worse than your own.
Never ask photographers for legal advise.
And finally never ask lawyers to photograph your wedding.

You have a couple of choices here. 1. Consult a lawyer and then decide if you want to pursue the matter. 2. Forget it, move on and chalk it up to putting the cart before the horse in this instance and be more diligent the next time.