Need Advice Please.

[SGPhoto]

I searched this section and couldn't find this specific discussion so I came here to post this thread needing advice on what to do.

I was allowed to be in the photographers pit at a recent concert event (Public Venue) by the bands management for the magazine that I freelance for.

Images from the concert have been used in the magazine for publication as well as the images are being used with my permission on the bands website.

Here is my question:

I received an email from a company wanting to possibly purchase one of the images to use as a "Promotional" flyer for their company.

The company is also in contact with the bands management and they have told the company they could use any images they want for this particular reason.

I am really glad the company reached out to me before just "Grabbing" it from not only the bands website but mine as well, but my questions are:

Am I within my right to sell this image?
Can the bands management ask me to release the photo without selling it?

I understand that the bands management allowed me the access to the "PIT" but even if I was there at this particular concert, I could have gotten the same images with a P&S so that is why I am wondering, and there is nothing on the ticket that I have that states ANYTHING about photography policies.

Any advice would be greatly appreciated because there is the potential that this particular image could be seen by @ 1200-1500 independent dealers that deal with this company.

Thanks,

Stephen Gibson

[w9ctm]

Stephen,
Although you took the picture, you may own the copyright, but you have to worry about selling someone else's image. If everyone in the image gives you written permission to sell that image, or license the use of that image, I think you'll be OK. Get the release. I would think it would be the same as a model release in a sense. I think in reality, you would want the management company's release as well as each band member's release. Even if it is only for this one use. That way, your butt should be covered.

While the band's management 'could' ask you to release it, they can't make you release it. You own the copyright, unless you signed something that is.



Oooohhhh, my 700th post!