Please Help!! The band's Label requires to see all photos...and...

When you photographed the band, were you asked to sign any paperwork? If not, they have no control of your use of the photographs. Remember that any photograph you take is yours. You own the copyright as soon as the shutter trips. Unless you sign an agreement prior to taking the photographs stating otherwise, you can use the photographs for purposes that meet the "fair use" rules - for editorial, documentary, educational purposes. That means you can license them to magazines, newspapers, etc, who are writing articles about the artists like reviews, biographies, etc. You cannot use them for any commercial purpose like selling prints, calendars, in an advertising campaign, etc. The artist has the "right of publicity" with respect to their likeness. Commercial use violates that unless you have written permission from the artist.

No paperwork = no approval required. They can't enforce it. They are your photographs, not the label's. But do make sure you are careful to follow the "fair use" rules - editorial, documentary, educational, no commercial.

Did the venue allow you in with a dslr or did you talk to a tour manager or band first? Which band and venue was it?

Actually there is a heated debate going on at Sportsshooter.com that has pretty much asserted that the selling of prints is considered EDITORIAL as long as you are selling it for PRIVATE use only.

Apparently the courts have even ruled thus, although nobody has posted a link to a court case yet.

"Shooter"

Personally, I would find out if they are interested in paying you for them first. And if they are interested in Licensing them, send them a contact sheet of watermarked images, not digital files. Then they can pick which images they want to License (not buy) from the contact sheets. And if they say right off that they want them for free, kindly thank them and say goodbye, and let them know if they change their mind they can contact you later.

Dan

I was in a similar situation, except that I was asked by the promoter to see all images (rather than being told/instructed to).

There's no way I was going to pp all of the images. I trashed what I was going to trash anyway, pp'd a few to show what finished examples would look like (necessary in this case) then chose all the ones to show (out of about 75 I showed 55).

I use Lightroom which allows a web gallery to be easily created, and posted my samples with watermark and chosen dimensions to a flash gallery.

The only option they have of grabbing an image is from a screenshot. If nothing comes of it then I get to take down the gallery when I choose. I told them it would be available for 2 weeks. And nothing did come of it. They can always ask to put it up again if it matters (saved a copy of it on my hard drive too, so it's easy to reproduce).

In case it's new to you, or to anyone who reads this here's the way to make a Contact Sheet in CS2. I move all the images that I want on the Contact Sheet into a new folder, then go into Photoshop CS2 and click File>Automate>Contact Sheet II. Then for the Source I select the folder with the images I need, and decide how many images I want on the 8x12 sheet (usually 4 rows of 3 images = 12 images per sheet). I usually include one full size 8x12 watermarked print to impress them with the quality of my work, in case they have any doubts with only the thumbnails to preview.

Good luck and keep us posted!

Dan

I have shot these guys 2x. Both times were in local watering holes. The first time I actually contacted them and asked about playing with my toy and Brian said cool but I'd need to send all pix and not to sell. I gave a blanket "OK" and sent the edited/resized WATERMARKED versions to him and told him the same rules apply to him as to me. No selling or use of mine either. Still no response lol...I have yet to see any posted anywhere. I guess that's a good thing. The second time I shot I never asked anyone anything. I just went (it's a familiar venue to me and the staff gives me freedom to do what I want) and shot away like a crazy person. FC never mentioned anything about needing the shots. They don't do much communicating at all outside of the shows and aren't very grateful for anything that was sent to them. If I didn't dig their show so damn much I wouldn't waste my time. Just my two pennies. :)

I'd like to hear more about his but am not a SportsShooter member. Got a link to the discussion?

I would consult with an attorney before venturing into this market. It think it doesn't matter what the intentions are for the buyer. What matters are the intentions of the seller. Selling prints, even for personal use, would still represent commercial gain by the seller. It would be tough to classify it as editorial, educational. I could see an attorney making an argument for documentary. It documents an event that the person attended. Even that is a stretch since it is commercial gain for the photographer and it is riding on the likeness of those appearing in the photographs.

Documentary is our defense as photographers for using them in photo albums on our own photography business web sites. They document the events we have photographed. Were we to place them on our front page or use them in marketing mailers to potential clients, then that would represent advertising / commercial use.

If you have a link to the discussion on SportShooter.com, please do post it. I would like to share it with my attorney and get her take on it.

I would send them small web sized images with your watermark. This allows them to see the images but not use them for free.

If no contract was signed they do not have any control over what you do with the images and you do not have to give any over but if you do not it could damage your relationship with the record label. Not a problem if you dont want to shoot any of the bands the have signed.

I would personally send small images with watermark and if they want any images hi res and watermark free then invoice them :)

I don't think you have to be a member of sportsshooter to read the message board.

I remember reading that thread too- I'll see if I can find a link to it- it was fairly recent.

There is also the argument that you can sell a small number of peices as ART...I think I remeber reading if you did a limited edition of say less than 12 you were ok- but I am not a legal person-.....just something I remember reading.

I'm not sure I understand the problem - just because you photographed the band - they cannot force you to send every image they shot- they can't force you to send one image.

Always get your paperwork signed before you trip the shutter - not after - this avoids misunderstandings.
If the do not want to pay you- why would you be forced to send them every image?

Check out some of the paperwork and contracts over at editorial photogrpaher web site- or ASMP-
use this as a lesson-
alwyas discuss/get signed the paperwork before you accept an assignment or gig.
Do not be afraid to walk away from a bad deal.