Okay, since I get asked almost daily about how to sell prints, the legality of it, etc. I figured I would post up a full blog not just so I don’t have to answer this long winded question daily, but so others have a spot to find the information they need.
In terms of the prints I sell. I only sell prints of friends, bands who are friends, or bands I work with many times. I do not sell prints of bands I do not personally know, and I do not sell prints of bands I’ve only worked with once or twice. Each print is approved by the artist or band and we work a deal out (I will get more in depth with that later on). I do not sell prints unless I have written expressed approval to sell them. Why? Well, many reasons.
SO! The legality of selling prints to begin with kind of follows under a few different laws… first the DMCA states that ANY photo you take, as soon as you take it, is copyrighted as your work. The only thing that can possibly negate that, is if you have signed a contract that says other wise. For those who shoot bigger bands live, I’m sure you have signed a waiver saying exactly that, or stating that you can ONLY use the images for the approved specific outlet you are working for.
There is also a law that you cannot use someone’s image for commercial purposes with out their legal permission or they can in fact, sue you, give you a cease and desist, etc.
Now I often get asked if I use model releases with bands… no. I don’t. A band will likely not sign a legal contact during a photo shoot, for the photos, and generally that would immediately put them off to shooting with you.
So, here’s the thick of it… IF you decide to sell photos of a band with out their permission and they find out… a cease and desist is the LEAST of your worries.
Almost every national band has a label, booking agent, publicist and manager, you can assume there are at least 100+ bands under that umbrella. Every booking agent works with multiple promoters, who work with multiple booking agents, who work with almost every venue you could possibly shoot at.
SO! Here’s a somewhat uncommon but real occurrence. One of the above (publicist, band, manager etc) finds out you are selling images of their band with out permission. They BLACKLIST YOU. You are no longer allowed to shoot any bands that publicist, label, manager, work with, or at the venue or venues that the booking agent or promoter work with. This can last for an undetermined amount of time. Your career as a music photographer is put on hold until further notice.
I have seen this happen to a few photographers in my time, I wont post their names but ill call one… Mike. He was selling images of a certain arena metal band (who have a release form that says you can not sell their images). And after being caught he was banned from all live nation venues, as well as shooting any bands that publicist and label work with (which are… many). He was out of the game for about 3 years and only recently started being allowed back into shows to shoot.
Another one, we will call Bob. Was selling photos of a small band (at the time), who weren’t even on a big label, they played 200-500 cap rooms at their best… but got caught selling photos and was banned from the venue and shooting anything else that label had – I haven’t seen him since.
And last… ME. I was selling live photos of bands with out asking them first. This was around 2004-2005. I even had them sold in a music store, because I knew legally, I owned the photos, period! I don’t know who found out… I wasn’t given an email asking to remove them, I was not notified at all… I was just told “no” to any press request by that label. Finally someone far above me, explained the situation of why this was happening to me, I removed the photos, apologized, and about a year later I was allowed to shoot their bands again. I stopped selling prints right then and there from about 2005 til the fall of 2011 when I started up again with a different business model.
I looked at it like when you walk into a store and buy an 8×10 of your favorite actor, or batman or some sports photos… I didn’t know about licensing and releases.
SO! After that learning experience I started a new way to do prints, each print is approved by the artist, and either they get copies of the prints, a percentage of sales, a discounted shoot, cross promotion etc. Everything is fully locked in before I even put the image up, which is why some shoots I do, do not become prints, and why sometimes I will do a shoot in November, and it will become prints the following April. But each print has written approval to sell, with a full agreement prior to it going on sale.
Also, and most important to me… I am only selling prints of people I am close with, friends, and bands I work with often. I do not sell photos of bands that don’t know me, I don’t sell photos of bands I’ve only worked with once or twice.
You want to sell prints? My advice, start with a band you are close with/friends with. Work out a deal that is mutually beneficial and build from there. If you want to sell prints of a band you do not personally know, contact them or their management, but just know, bands and management are generally hesitant to work with someone they don’t know in a licensing and product capacity, however, its worth a shot!
Last bit of advice, don’t make the mistake of selling photos of bands with out their knowledge or approval… because while you can argue the legality of it… you cant argue yourself into a guest list, photo pass, or a venue.
EDIT: Vince (publicist from Metal Blade) and also a photographer, left a very important comment on this that everyone should read: “This is most definitely a case where asking for forgiveness instead of soliciting permission isn’t advisable. Additionally, when press/photogs are black listed, if the offense was grievous enough, publicists will even notify other publicists and labels. Fuck up hard enough, and everyone will know about it.”
Hope this helps – I will update this with any relevant questions I get about this.
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