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Selling Concert Photos

Larry Wentworth Posted 13 years ago
Hey everyone Ive searched around the internet and in the discussions here but cant seem to get a solid answer. I shoot anything from small local bands to bands that are signed and tour. I was thinking about setting up a print shop online to try something new and put out physical copies of my photos. I was wondering if I have to get permission from any of the bands/management to sell images of them, I have never signed a photo release with any band Ive photographed but, I just wanted to be on the safe side and find out! Thanks!
Bec Reid Posted 13 years ago
You never signed anything?

RUN MAN, RUN.
instinctive humor [deleted] Posted 13 years ago
Many venues & organizer ban SLRs of any kind just because they don't want people to take quality photos and sell them. I'm sure the huge fineprint you "agree" when you click "buy a ticket" says the same.

Selling photos of a person for commercial use ALWAYS requires their consent. There are a few relaxed rules for news reporters and regarding celebrities.
garystafford.co.uk Posted 13 years ago
Theres commercial use and editorial use.

Selling prints comes under commercial use and selling prints en masse requires te subjects permission in the form of a model release form. Without that you are limited to a very few fine print sales of a limited edition nature, but even that is not so defined....
royal knot [deleted] Posted 13 years ago
What Gary said.

If you are planning to do something like this, it would be best to let the person providing the photo pass know that this is your intention. If you apply for one on the assumption it's for editorial use and they find out, things might get very difficult for you.

If you're up-front about it, you'll be less likely to get a pass (the band will have their own merchandise to sell - why would they want you there selling stuff they won't get any cut out of?). But at least, if they agree to it, you'll be in the clear.
MrTimCat Posted 13 years ago
I guess this isn't directly relevant as Larry is in the US, but I've noticed a a few UK concert photographers sell prints of pretty much everything they put up on their website. One was a regular shooter for NME, so had lots of big names who they surely hadn't gotten any kind of "commercial" release from, and had it as a fully automated process that linked though to something like Photobox so the customer could choose from a wide variety of print (and price!) options.
rachelparker Posted 13 years ago
A print shop is not okay. But lets say you were to have an exhibition of your images and make a very limited run of them for sale. That is considered editorial I believe from everything I've read and is okay.

But mass producing prints, that can get you in trouble yes.
Larry Wentworth Posted 13 years ago
Thanks for all the help guys, I wouldnt be selling them in mass quantities, 20 at the most would be printed of each but I dont want to step on any toes I havent been doing this for long.
Steven Barnhill Photography Posted 13 years ago
What about Todd over at ishootshows.com? He sells prints for $50 per 8"x10". I have no clue, so take this with a grain of salt, but my guess would be that he doesn't have model release forms for every print he offers, which is EVERY shot he's taken, basically, Lol. Or atleast the ones used in publications. I mean think about it, he shot Aerosmith for example, he didn't have Thanksgiving dinner with them. I doubt he spoke to them, you know?

Again, not trying to start anything. If he has permission prove me wrong and I'll shut my mouth, Lol.
m_g_gray Posted 13 years ago Edited by m_g_gray (member) 13 years ago
There was an issue a few years ago where a prominent local photographer was accused (entirely falsely) of having a print shop on their website. The PRs were most assuredly NOT happy about it.

Here's the thread
www.flickr.com/groups/concertshots/discuss/72157621861253...
garystafford.co.uk Posted 13 years ago
Todd's in the US, different laws apply, you also don't know what agreements he has made with artists etc...
Steven Barnhill Photography Posted 13 years ago
Yep, I would just play it safe and only use images in the fashion that you were granted permission. Better safe and broke than sorry with a few extra bucks!
Daryl Haight Photography Posted 13 years ago
Stargazer 95050 - Stated above."Many venues & organizer ban SLRs of any kind just because they don't want people to take quality photos and sell them. I'm sure the huge fineprint you "agree" when you click "buy a ticket" says the same.

Here is a cut and paste from ticketmasters purchase policy. "You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. "

Live Nation states "You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event.

The RL's tie your hands either way, rights grab or ticket policy