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Think I did something stupid last night... Ok. A few weeks ago I was contacted by the manager of one of my fave metal bands and he told me that the band in question was interested in using my live photos of them for an upcoming special edition re-release (booklet, extra DVD etc) of their latest album. VERY flattering and well, since I like the band and they've been very nice chaps when when've met I said "Sure thing!" even though they didn't have any budget for the photos. Another, Brittish photographer, was offering them his pictures for free but they prefered some of my shots to his and well, not much chance for negotiations I guess. So last night I recieved a contract from the record company in New York that they wanted me to sign, scan and send back. And I did. *sigh* The THING about the contract is that it doesn't only cover the rights to use the photos for the CD-booklet, instead it reads like this: ---- 1. With respect to all artwork (such artwork is hereinafter referred to as the “Material”) delivered by you to us, we exclusively shall have all copyrights, the exclusive worldwide publication rights and all other rights in the material, including but not limited to, the exclusive right to use it for any purpose and in any medium, now known or devised in the future, perpetually and throughout the world. 2. You may retain copies of the Material only for your personal portfolio and for use in printed matter the sole purpose of which is promoting your work as a photographer or artist. You will not publish the Material or use it in any other manner without [labelname]'s prior written permission each instance. No such permission will be effective unless it is in writing and signed for by [labelname] by one of its officers. If [labelname] grants that permission you will cause [labelname]’s copyright notice to be affixed to each reproduction of the Material you make or authorize, and you will comply with all other conditions [labelname] may prescribe. ---- So basically I GAVE away the exclusive rights to my four pictures to the record label. They can use them for pressreleases, posters, all kinds of merchandise etc and make money from them, over and over again. I can't use them without a printed permission from the label. I know they sell large print photos of the band during the US tours and they sold merch for between 100-200k euros during the latest european tour. I feel... used. They stole my commercial photographer-virginity  *unclean* Think I have to do some p2p filesharing now. |
Stupid, stupid, stupid me! [don't sign contracts you don't like]
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reflux 1,804 posts
Seen 1 day ago
Registered 20 years ago -
marilena 8,238 posts
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Registered 18 years agoWell, the value of the pictures is given by the fact that they're with them, not that they're made by you. Sure, they cut some costs by getting them for free from you, but that's not very much. And the contract is exactly what I'd expect. They need the exclusive rights for them, otherwise it would be like giving you a license to make money off their backs.
I don't get what changed since then. Your favorite band asked a favour from you and you did it gladly. So why are you upset? -
deem 31,667 posts
Seen 8 months ago
Registered 18 years ago -
Pike 13,459 posts
Seen 1 year ago
Registered 18 years agoBill Door wrote:
If it states a particular usage in the contract, UK contract law would say that the signatory would have been expected to read and understand a legal document before signing it, and would therefore have agreed to that usage. Dunno what American law would say on it.
Or in this case Swedish law, which, in this regard, is the same as British law.
Edited by Pike at 08:59:40 09-06-2006 -
Pike 13,459 posts
Seen 1 year ago
Registered 18 years agoBill Door wrote:
Sorry, I read it as he received a contract from New York. O_o
Well, yes. But Reflux , IIRC, lives in Sweden. That probably means any disagreement s between the parties would be tried in a Swedish court according to Swedish law.
There are of course exceptions. Determining the right domicile can be a right bitch at times. -
Hm. Stupid indeed. .gif)
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bivith 2,469 posts
Seen 2 hours ago
Registered 17 years agoThat seems pretty normal for record companies. The band will have signed a similar contract with regards to their music. The label own the copyright for anything the band releases.
Edited by bivith at 09:45:09 09-06-2006 -
reflux 1,804 posts
Seen 1 day ago
Registered 20 years agoOfcourse, I want to help my fave band and it's good exposure for me, but I also feel a bit miffed about the record label saying "Sorry, we don't have any photo budget for the CD booklet" and then it turns out that they can use the photos for whatever they want to, not limited to that CD. I want my pictures there, so I signed the contract since there really wasn't any time for negotiating the terms.
I did read it and understood the full meaning of what I signed, I'm just irritated over the way they moan about money and then they can sell tons of merch based on material I normally give away for free to anyone who wants it. Now I can't even print out those images and give to a friend without a written permission. Fair? I don't think so.
Credits and exposure is fine, but next time they'll have to pay for my work as well, it's not like my equipment doesn't cost money... I'm just worried that "this is how it works".
Poor musicians. -
sam_spade 15,745 posts
Seen 5 hours ago
Registered 20 years agoWell next time you'll be more knowledgeable. -
UncleLou wrote:Hm. Stupid indeed.
The lawyer has spoken!
*makes mental note to ask Lou about fishy contract stuff before signing it*
Sorry to hear about that reflux, the only time I've "given away" my pictures was when I was sure of having my& the company's name credited on/next to them. -
TwistidChimp 8,825 posts
Seen 14 years ago
Registered 16 years agoI seem to remember someone telling me that you have a certain amount of time to back out of any contract ? was probably total bs though.
Consult a solicitor if you can, if not I guess just get as much out of it as you can, must be good publicity to have your photo's used in this way. -
Pike 13,459 posts
Seen 1 year ago
Registered 18 years agoTwistidChimp wrote:
I seem to remember someone telling me that you have a certain amount of time to back out of any contract ? was probably total bs though.
Not probably. It *is* complete and utter bs. -
TwistidChimp 8,825 posts
Seen 14 years ago
Registered 16 years agoPike wrote:
TwistidChimp wrote:
I seem to remember someone telling me that you have a certain amount of time to back out of any contract ? was probably total bs though.
Not probably. It *is* complete and utter bs.
hehe, yeah I suspected as much. In that case, just publicise the fact that your photo's are being used by the band to get more work for other bands. -
WarKitty 566 posts
Seen 11 years ago
Registered 16 years agoTwistidChimp wrote:
Pike wrote:
TwistidChimp wrote:
I seem to remember someone telling me that you have a certain amount of time to back out of any contract ? was probably total bs though.
Not probably. It *is* complete and utter bs.
hehe, yeah I suspected as much. In that case, just publicise the fact that your photo's are being used by the band to get more work for other bands.
Just don't mention to them how much you got shafted... I mean paid
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funk 982 posts
Registered 19 years agodownload their album 
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reflux 1,804 posts
Seen 1 day ago
Registered 20 years agoTwistidChimp wrote:
Absolutely, I will, but I'm starting to wonder if ANY bands actually pay photographers
hehe, yeah I suspected as much. In that case, just publicise the fact that your photo's are being used by the band to get more work for other bands. -
reflux 1,804 posts
Seen 1 day ago
Registered 20 years agofunk wrote:
Unfortunatelty, I own them all
download their album But I WON'T buy this limited edition thingie, I expect a signed copy. Hrmpf. -
morriss 71,293 posts
Seen 3 months ago
Registered 17 years agosam_spade wrote:
Well next time you'll be more knowledgeable.
Like wot you is?
Edited by morriss at 12:36:38 09-06-2006 -
sam_spade 15,745 posts
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Registered 20 years ago? -
Dirtbox 92,600 posts
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morriss 71,293 posts
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Registered 17 years agoIt was just a joke. A bad one. Absolutely no offence was intended. -
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