Can I sell print of concert photos without a Release from the band?

[Texaken]

I love taking concert photos and have had people wanting to buy some prints. I've been thinking about creating a website (smugmug, zenfolio, whatever) that would allow folks to buy some of the concert photos that I take. Can I sell the photos to individuals?

[jeffkohn]

That's kind of a gray area. They can't be sold for commercial use (ie advertising), but of course editorial is fine. Outside of that you should probably be able to sell prints (but not mass-produced posters). but you can't use the band or members's names (ie you can't put the band's name on the print), or do anything else that would imply some sort of endorsement or affiliation with the band. The laws on this vary somewhat by state, CA in particular has stricter lasws. If you really want to be sure I'd talk to an IP attorney.

[srwatters]

If you bought a ticket to the event, make sure to read the fine print. I worked for Bill Graham Presents at Shoreline Ampitheatre for several years and the fine print on the ticket prohibited selling photographs (also called 'professional' photography).

If these are club style events, check with the band and it's management.