Legally selling photos I took from a concert I attended?

4 years 10 months ago #642392 by Dana Beasley
Photos that I took at a concert, can I legally sell these?

Or is there some special branding I need to do to them first?  

Thank you for the help.


Dana


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4 years 10 months ago #642393 by Nikon Shooter
Not really… without the written permission of the band. They
are the owner of their image and their performance. The sa-
me thing applies to an audio recording of the show.

The pictures are for sure yours but to stay out of trouble, I
would contact the band and offer them to see, and possibly
select, some pictures and then ask them for their permission.

Light is free… capturing it is not!
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4 years 10 months ago #642394 by Dana Beasley
Well that is just a bummer.  I have some good shots.  

Can these sort of photos be used in my portfolio that would be published online?  I'm setting up a new website next month, so would include there.  


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4 years 10 months ago #642431 by Miss Polly
For your own portfolio will be fine, but you can't advertise the images.  


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4 years 10 months ago #642443 by garyrhook

Dana Beasley wrote: Can these sort of photos be used in my portfolio that would be published online?  I'm setting up a new website next month, so would include there.  


I'm not entirely sure how this works for the photographers in the pit, but there must be some sort of agreement with them. You don't have that (presumably).

There are some that claim that using images like this in your portfolio constitutes commercial use, and therefore requires a release. I'm not sure I fully agree (because I think this usage is nuanced) but you can always ask yourself about the likelihood of the band learning of them.

I agree with trying to contact the band, as well as doing some serious googling to learn about this.


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4 years 10 months ago #642507 by Scott Klubeck
Fast way to find yourself in trouble!  

ALWAYS get permission. 


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4 years 10 months ago #642511 by Nikon Shooter

garyrhook wrote: I'm not entirely sure how this works for the photographers in the pit, but there must be some sort of agreement with them.



The band needs promotion and the pit is a tacit agreement that 
should suffice in any case… if you were in the pit that is.

When it comes to your portfolio, no problem if in prints in a book
of some kind or, like I do, on my iPad. But on a website — which is
a form of publication — I would go only with a written permission.

Light is free… capturing it is not!
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4 years 10 months ago #642521 by icepics
You can look on asmp.org or try PPA to get info. from professional photographers organizations. Usually the guideline is for editorial use like newspapers, releases/permission wouldn't be needed (but might be requested). For retail use like T shirts etc. permission/releases would be necessary. For commercial use which includes business use, advertising etc. you'd need releases & permission.

I'm not sure about your portfolio but if that is to promote and market your business it could get into commercial use. I've done sports and usually permission is needed to use a team's logo, player images, etc. and depending on the level (major league, minor pro, etc.) they may prohibit unauthorized usage. I don't know if the band might see the photos and pursue unauthorized use of their images or not.

Usually an event or venue will have information somewhere (on their website, in a program, etc.) about photography. Unless you have a pass to have access to restricted areas to take photos, usually you can only take photos as a fan or attendee from your seat (except maybe before games or at practices/training camps) . In sports I've see restrictions about what lens you can bring in go from minor pro to college to even some high school sports.

Sharon
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4 years 10 months ago #642579 by Juan Anthony
That's why most concert venues don't allow cameras larger than certain size.  Any sort of photos are for your own private use.  You try to sell and you could be in some hot water very fast.  


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4 years 10 months ago #642599 by garyrhook

Juan Anthony wrote: That's why most concert venues don't allow cameras larger than certain size.


It's not the venue, it's the bands. And I think this is absolutely idiotic. They'd rather have a bagillion bad videos or photos out there than a few really good ones? How do mobile phone pics do a band any favors at all as far as image goes?

#againwiththeeyerolls


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4 years 10 months ago #642735 by ThatNikonGuy
So true, the cameras in the cell phones these days is better than many smaller DSLR cameras anyway! 


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4 years 10 months ago #642789 by garyrhook

ThatNikonGuy wrote: So true, the cameras in the cell phones these days is better than many smaller DSLR cameras anyway! 


Um, incorrect. Mobile phones work great when there's enough light. But an APS-C DSLR (because there isn't any other smaller sensor type in a DSLR) is going to outperform a phone sensor any day of the week. Even older bodies will handle adverse conditions with more grace.


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4 years 10 months ago #642967 by Nikon Shooter

garyrhook wrote: Even older bodies will handle adverse conditions with more grace.



Correct… and by far!

Light is free… capturing it is not!
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