A new contract trend has been gaining use in the last few years and it’s making some photographers furious.
Most recently, music photographers in particular have been finding themselves metaphorically slapped with the increasing application of what are called “copyright grab” or “rights grab” contracts by major artists and performance groups.
In a recent post on the website Metal Talk, music event photographer Steve Ritchie describes what could be called a classic example of one of these contracts.
In Ritchie’s description, he made himself abandon a Marcus King music event in London, U.K. right at the last minute because he was pushed into what he viewed as a deeply onerous contract.
In the terms of the contract were stipulations that not only would have obligated him to waive copyright of his own photos from the concert but also forced him to email all high-res copies of them within seven days after the event.
If the above wasn’t heavy handed enough, he’d have also been obligated to “waive all so-called ‘moral rights in the Photographs” In other words, he wouldn’t even get credit for any of his photos if they were used.
Furthermore, the contract offered to Ritchie stated that Marcus King could
“use, re-use, publish and re-publish the Photographs, in whole or in part, individually or in conjunction with other photographs or material of any kind, in any medium now known or hereafter devised, and for any purpose whatsoever, including, without limitation, any and all commercial and non-commercial uses’.”
In another complaint, Ritchie mentions how the Marcus King event contract ruled that a photographer “will not use, sell or license, or permit any third party to use, sell or license, any of the Photographs in any manner without Company’s prior written consent.”
As Ritchie explains, this clause forces a photographer to ask for permission to use their own photos in almost any way at some future time.
Now let’s imagine for a moment if the musician himself were forced into anything resembling such a contract for the use of the music he creates? Somehow it’s hard to imagine King being very happy about it.
Applying it to photographers (and writers too as of fairly recently) seems to be increasingly okay among musicians and their representatives though.
The above is an example of one of these rights grab contracts, and they are apparently becoming more common in certain commercial photography markets.
Ritchie, lamenting this, explains in Metal Talk that aside from seeing the above from Marcus King, he’s also noted it coming from groups like Foo Fighters, Elle King and others.
He also adds, “Many photographers will sign these contacts, giving away rights to their work to add a photo to their portfolio. While photographers sign these, there is no reason for artist management not to issue them.”
Commercial photographers of all types often have to fight hard for work that pays decently, but even with financial needs staring us in the face, some industry trends need as much resistance as possible.
Credit : Source Post
