A very interesting situation sprang up in the world of arena and entertainment photography which leads me to the following discussion: what rights do entertainment photographers have to their images?
For many professional music photographers, we have a clear and defined understanding of the rights we have to the images we obtain during concert and event coverage.
Why do we have this knowledge? Because we attended photojournalism school, we have interned inside the media, and we have been educated in the ethical and legal aspects of our chosen profession.
But as our professional ranks become intermingled with a new generation of "web" and "blog" photographers, it is becoming clear many new shooters inside the pit have little (to no) understanding of the legality and rights to the images they are shooting.
Since many of us (pro-shooters) use our blogs to educate, I think now would be an exceptionally good time to delve into the legalities of shooting shows.
Recently, it came to an arena's attention that a website's photographer, who has no professional photography or media experience before obtaining his photo position, was using a locally owned store to provide the public with (illegal) print sales of the events, artists, and shows being performed at the arena.
Why do I use the word illegal? Because illegal is exactly what it is.
If you, as a photographer for a website, zine, or blog and have obtained a MEDIA PASS for a concert, music festival, or entertainment event, the images you shoot under that media pass is good for editorial content only, and only for that publication.
What if the publication I shoot for allows me to keep all rights to my photographs?
If this is the case then you are truly blessed. This means you do own the rights to your images and you do have the right to re-sell those images. However, you can only sell your images to professional media and news sources: magazines, newspapers, stock photography houses who specialize in images for the media ( i.e. Wire Image, Getty, Associated Press).
The images MUST be sold to a reputable source which will use the images for editorial content.
What you are NEVER allowed to do is sell the images to the public in any way, shape, or form.
Why? Because then you would be commercially profiting from selling the artist's likeness. You cannot do this unless you have a written, signed released from the artist stating you are allowed to sell and market the likeness of their image. If you do this, you are not only betraying the trust of the venue, but you are placing people's jobs in jeopardy. Not only your own, but potentially your fellow photographers as well.
If you have seen on another professional photographer's website, who specializes in music and entertainment photography, offering prints for sell it is only because that professional has reached the highest level in our industry and has EARNED the right, the trust, and the legal release from the artist to sell those prints.
If you sell prints, enlargements, digital negatives of any musical artist, professional entertainer, or celebrity for personal profit to the public, you have opened yourself to sea of legal issues.
Artists have the right to control the usage of their likeness. If are you selling prints of their likeness without their permission you have just crossed the line into liable action.
Further more, the publication which you obtained the photo pass also has the right to legally seek damages, as does the arena or venue which you photographed the images in.
All arenas and venues have not only the right, but the responsibility to protect themselves and the artist's who perform within their walls. Media photography and videography passes are given to magazines, newspapers, and websites in good faith.
It is the entertainment media's responsibility to provide professional coverage of the events. It is a gift. Media is NEVER assured or guaranteed photo passes or admittance into shows. Photographer's are inside the pit by the graciousness of the artist, and the venue.
By this photographer's actions, he has not only placed the arena in a potentially liable situation but he has also placed his fellow photographers in a bad position. As a result of the photographer's attempted print sales, the arena was compelled make all media photographers sign a standard release before any photographer is allowed inside to shoot.
The arena's new standardized photography policy is virtually unheard of and it sets an unfortunate new president inside the world of arena entertainment.
If you are a new photographer inside the pit, make sure that you fully educate yourself in the ethics and legality of music and entertainment photography. Don't be the one photographer who's actions can single handed dismantle years of industry standards by not fully understanding the "rules" of concert photography.
For more on concert photography professional practices and ethics, I encourage you to visit Todd Owyoung's Concert Photography Etiquette. Todd has set the industry standard with his informative site.
Yes. You, as the photographer, are allowed to display your work in gallery showings and website portfolios - unless the band or artist has issued a release stating the images shot during their show can only be used for the publication and not for personal usage of any kind.
I wanted to get Todd Owyoung's take on the situation so I zinged him over a copy of the release. Todd agreed it was simply a case of the arena protecting itself. So many thanks to Todd for his quick response.
In short people, ignorance is no excuse.
If you want to excel in the music photography industry then you want to be the one person the arena can call if their house shooter is unavailable. You want to be that one photographer the venue is always happy to see. You want to be as gracious, non-problematic, and responsible as any photographer can be.
Strive to be the example and the solution. Learn from your mistakes. We were all new once, and we all make mistakes. The key is to educate yourself. Listen to what the pro's have to say, and by all means, realize you are not only representing yourself, but an ocean of other photographers. How you behave, and what you do inside and outside of that pit can either positively or negatively effect us all.
Your best option, when considering doing any kind of "artistic" print or book selling (meaning if you want to do a book featuring your years of concert photography) is consult an entertainment lawyer who specializes in book publishing. For books, you want to protect yourself and it can never hurt to notify arenas and venues of your plans, as well as securing the artist's permission.
