No what they are saying is that they own your work, and since you bought
the over priced ticket to begin with, you're paying them for the
privileged of them owning your work.
On 7/25/2010 3:38 PM, P N Stenquist wrote:
On Jul 25, 2010, at 10:25 AM, Igor Roshchin wrote:
Paul,
What you are referring to is the item 2), - about the photographer
selling merchandise with the photos. That part is understood.
Even without such a form signed, (and it is not always on the
back of the ticket) I wouldn't try to produce and sell,
say, calendars with the band photo.
The problem is in a different statement, -
where the band claims to own your photographs and to be able to sell
them, - as described in the items 6 and 3 quoted below.
They didn't pay the photographer to demand and own his photos.
All this reminds me the WTD strip posted by somebody here about
a year ago:
http://www.whattheduck.net/sites/default/files/WTD835.gif
Igor
I believe they're just saying that you can't merchandise the photos
above and beyond selling them to the publication you're shooting for.
The band retains rights to merchandising any and all of their photos.
It's just a way of ensuring that others aren't going to trade on their
name and reputation. The photographer is free to make a deal with the
publication that got him the press credentials. It's a bit more
restrictive than most agreements but fairly common.
Paul
Sat Jul 24 20:27:28 CDT 2010
paul stenquist wrote:
That's normal. The photographers are at the concert to shoot for a
specific publication that has been granted press credentials. The
publication pays the photographer. But rights to merchandising
photos of
the band are retained by the band and its marketing agency. They
have to
protect their product. They can't allow it to become a free for all.
The
audience is restricted as well. It's on the back of their tickets. You
better believe that if someone who was in the audience starts marketing
photos of the band, they'll be sued. .
Paul
6) To provide Artist and/or Artist's management or representatives
in a
timely manner with high-resolution files of the photograph(s) upon
request; and
3)Artist shall have the right in perpetuity throughout the universe to
manufacture, distribute, exploit, edit, advertise, display, sell,
license or, otherwise dispose of the photographs and derivatives
derived
therefrom in any manner or media whatsoever including without
limitation, in connection with any album, commercial merchandise,
websites and marketing, publicity and promotional materials relating
to Artist's career;
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