Photography Release Questions. PLEASE HELP.

[SGPhoto]

Hey guys and gals I have a question concerning a Photography release that I would like to know more answers to if possible before I sign it.

Looking at the release it states:

This Letter serves to confirm that you, (Photographer), may photograph xxxxx (Insert name where xxxx is) on the condition that any material arising from the photographic session to be held on such and such date at such and such Venue, is used for Editorial use in the following publication(s) only XXXXX

It also goes on to say:

The license hereby granted to you to photograph the artist is limited to the above grant only and NO right to sell, license or reproduce the material for advertising or commercial purposes (e.g., for use as posters, calendars, T-shirts, biographies, etc.) either to be soldm to be distributed free or to be otherwise exploited in any manner whatsoever. Nor may any material arising from the said session be reproduced in any publication devoted exclusively or predominantly to the artist unless prior approval has been obtained from (Insert Major Band Name) and their managment.

You hearby agree to indemnify (Band Name), their management and agents against any claims, losses or damage suffered by (Band Name) and their management and agents as a result of any breach by you of the above. Please indicate your acceptance of the foregoing conditions by signing this letter.

Since I am shooting a MAJOR band with this release will I be able to show these photographs on my website or will I only be able to use them for the magazine that I am shooting for?

I mean I know I am not able to sell or re-sell the images at all but I would HOPE to GOD they would allow me to use them as part of my portfolio online but I do not see that listed.

I know the best place to ask is the Band's Publicist as they are the one's that sent me this letter but I thought I would post it here just in case someone has seen something similar or would want to know the answers to as well.

Any help on this before I sign it and fax it back over would be greatly appreciated.

Thanks,

Stephen Gibson

[ThePhotoBinder]

Looking at the wording it looks like you give them total rights to all pictures. I hope you charge them for your time before signing. I would ask if you can use or put the images on your web site. I would think it would be ok unless it something that they might not want the public to see until they start to promote. Be safe and ask.

[SGPhoto]

Marc,
Thanks for taking the time to look and respond I do appreciate it very much and although I am not getting paid by the band to come shoot, it will be at least the prestige of photographing them as well as being published in the magazine online but I also don't want this to become a "Habit" if you will and being the fact that I am doing this as freelance work at the moment I look at this venture with the magazine as a stepping stone to bigger an better things. Just last month alone the magazine has had 2.5 million hits to their site and they are listing with a link back to my website as a contributing photographer and I can use that to be able to connect with other major bands that "MAY" want to hire me in the future so I guess I have to take baby steps before I can walk and believe me I would LOVE nothing better to be able to charge for this but as stated I also have to look at the possible long term aspects of this as well.

My first publication with the magazine comes out tomorrow so once it is posted online I plan to share that here with everyone to see and yes I know people will say I need to be getting paid by either the band or the magazine but being the fact I just started with the magazine as a freelancer, I know for a fact if I said I wanted to charge for that they could find others that would JUMP at the chance to work with them for the access/contacts/shooting opportunities/possible eventual business this could generate for me.

Thanks again and I'll see what comes back from the publicist of the band and report back.

Steve

[Jeff Lane]

Any time you are presented with a document like this, you might want to consult a lawyer. Although I am sure everyone on this site would respond with best intentions, there may be something about your conversations or other transactions with this band or their management that could impact how you should respond, and that could make their (or my) advice here completely wrong. An ounce of legal prevention is about 4% of the expense of a pound of lawyerly cure.

(Full Disclosure and Disclaimer: I am a lawyer. This is not an advertisement for my services as a lawyer, nor for lawyers in general. I am not a schill for the American Bar Association or the State Bar of Texas. Nothing in this post, including this Disclaimer, should be read a legal advice, or as creating an attorney-client relationship. The "4%" estimate expressed in the first paragraph hereof is not a final estimate of any bill for legal services that may or may not be rendered. 87.3% of all statistics are made up right on the spot, without any factual basis whatsoever, including the statistic stated in this sentence. No true lawyer is ever capable of writing, talking, or walking and chewing gum at the same time, without over-qualifying everything with an overly-verbose disclaimer, full of legalese, and with all appurtenances thereunto appertaining.)

All that said, you (or your lawyer) could certainly contact the management, explain that you want to use your photos SOLELY on your own Web site, and ask them to confirm their permission by countersigning a letter confirming the conversation. Anything can be negotiated. (Well, almost anything.) And open communication with full disclosure certainly helps that process.

Jeff

[CobyPhoto]

What Jeff said. With the wording they are presenting there, I wouldn't assume ANYTHING. That is a pretty specific one-time release for the publication listed; nothing more. If they don't have a problem with you using them on your website, I would have them re-word the contract/release to state that.

CJ

[SGPhoto]

Thanks so much Coby and Jeff, I did get confirmation in an e-mail from the band's Publicist that I could post the images on my website for "Viewing" Purposes only and not "FOR SALE" which my website is not an e-commerce site in the first place.

However I did fax it back to her with the magazine's website address as well as my Website address listed on the form to CMA.

I just wished I knew of an Attorney here in Va that dealt with this kind of thing, since moving here and just now getting started with the magazine I know I need to do this.

I will also be getting with the editor of the magazine to see why I am having to sign this release even though no one that I have talked to that actually works for the magazine has EVER had to sign one of these releases.

Thanks again for all your help guys.

Steve

[CaptainTom]

Originally Posted by CobyPhoto

What Jeff said. With the wording they are presenting there, I wouldn't assume ANYTHING. That is a pretty specific one-time release for the publication listed; nothing more. If they don't have a problem with you using them on your website, I would have them re-word the contract/release to state that.

CJ

Mark you calendars: I agree completely with Coby. A rare occurrence.