A growing collection of photography, creative ideas, arguments, satire, inspiration and lame attempts at humor, all brought to you by Drew
4.23.2014
Weighing in on this Photographer vs Musician debacle
In the last few days there has been quite a stir over the Band/Photographer relationship, who has rights to images and so on. I have a very unique perspective on this subject as most of you reading this probably know. Having been both a music photographer, as well as a tour assistant FOR a band (Pop Evil), I was regularly on both sides of the argument, usually at the same time.
I can not even guess how often I was approached by photographers who wanted to shoot the band, but it was nearly every single show. There are a lot of factors to consider when arguments over who has the rights to the photos pop up, and it the vast majority of cases, those rights do belong to the photographer. HOWEVER, if it was the photographer who approaches the band/management asking "Hey man, can you get me a photo pass for the show tonight??" then first of all, he's probably pretty unprofessional because that is something that should take place WELL IN ADVANCE of show day, and secondly, if you are asking the band for a favor, (a photo pass, getting in the show, etc...) then you really are forfeiting all your rights to MONETARY COMPENSATION if the band should decide to use any of your images for social media or promotional purposes.
THIS IS NOT TO SAY that the band has full rights to those images to do whatever they wish. In the eyes of professional courtesy, the band still has the obligation to give the photographer credit for his work as well as presenting that work in an UN-ALTERED fashion, UNLESS some other agreement has been worked out ahead of time.
It's also important to realize that this works both ways. As a photographer, you can NOT turn around and sell your images of a band for your own profit, UNLESS it has been previously discussed and agreed upon by the band, because it is THEIR likeness that you are profiting from. Conversely, as a band, you can NOT take a photographers images and sell them for your own profit either, UNLESS it has been previously discussed and agreed upon by the photographer. (Are you noticing a pattern here?)
Come on, guys (and girls), we're all a big family here. We can't do this without each other, and the closer we work together, the more beneficial it will be for ALL PARTIES INVOLVED. So in closing, get out there, have fun, be professional and DON'T BE A DOUCHE!
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