I'm looking for a legal answer here... not just what seems right (as we all know, those can be different).
If a photographer were to go to a band's gig without being asked there by the band, and not under any legal agreement with the band... would the photographs that this person took be legally owned by the band or the photographer?
It seems right to me that although the band members are the subject of the photographs, the photographer owns the rights to the images, and the band cannot distribute them without his consent. Is that true?
Reason being, we were recently photographed by a "professional" photographer at a gig, and the images were posted on the individual's personal website. We like a few of them, and so we downloaded the high-resolution versions of them. Then we were told that we can't use them without buying them.
I can see both sides of this one, but it would be nice if there was a clear line.
Anyone care to enlighten me? Thanks!
EDIT: What would intend to do with these is put them on our website as general band photos. We would have no problem giving full credit to the photographer, and we're not trying to profit from them specifically.
Comments
Point taken, thanks for the response. I personally don't care ei
Point taken, thanks for the response. I personally don't care either way, but in case it came up, I wanted to have an idea of the situation.
It was a public event as far as I know, nothing would have been prohibited.
On a similar note, although the photographer owns the images, can he profit from them without our consent?
corrupted wrote: Point taken, thanks for the response. I persona
corrupted wrote: Point taken, thanks for the response. I personally don't care either way, but in case it came up, I wanted to have an idea of the situation.
It was a public event as far as I know, nothing would have been prohibited.
On a similar note, although the photographer owns the images, can he profit from them without our consent?
That's a tough call... He owns the image, you (collectively) own the face.
If you are asking if he can sell the image, yes AND no.
He can sell the image to a news source and you have no say so whatsover. He cannot sell/distribute the image as "art" without your written consent/contract... That is, provided that you (collectively) are a copywrited/registered business entity...
If not, it becomes a fair use civil case... NASTY.
X
Yes, the clarification is: the photographers owns the data files
Yes, the clarification is: the photographers owns the data files (or film) because their are his and were his when he took the photos.
The PUBLISHING/EXPLOITATION RIGHTS of such photos are a different matter, as pointed out and that would require expressed, written permission.
Photos taken without persmission (and when such activity is expressively forbidden) are the equivalent of a bootleg recording. Some people try to use them but, if/when they get caught they may/will have to suffer the consequences of whatever legal action may be taken against them.
The photographs would be owned by the photographer. However, if
The photographs would be owned by the photographer.
However, if the event prohibited such recording devices like cameras, then the photographer would still own the illegally obtained photographs, but could be prosecuted if they were used.
In your situation, the pictures are his. You might want to try and strike up a partnership with him. See if you can get him to let you use a couple for free or reduced price and in return promote his services. You could recommend him to other bands, promote him on your website which would hopefully bring him some additional revenue.