I’ve never really spoken publicly about contracts for photographers before but I feel now is the time to speak out. In early 2014 I contacted Boyce Avenue’s management about shooting one of their UK shows as press. The reply I got was “Your photos look awesome and we would love to have you photograph at the show.” and then they gave me a contract to sign for the show. For the full contract find it below.
Point 1 of the contract describes how the photographer can only use images with prior permission from the artist. But who’s to say you’ll ever get permission or a reply? Point 2 states that the artist owns all rights to the images including copyright. Forever. Yep, that’s right they own it all in perpetuity. It goes on to explain that the artist will credit the photographer where possible but is not contractually obliged to do so. Basically, “we probably won’t credit you”.
Point 3 of the contract explains that you as the photographer will waive your “moral right of authors” which effectively means they can use your images for what ever they want without ever having to state it was you who took them. (Undoing any credit they may or may not give you.) I explained why I wouldn’t be signing the contract as it was extremely unfair especially as I wasn’t even being paid. Then this year, I again ask if I can photograph Boyce Avenue at one of their UK shows. I was told once again how they loved my work but can I sign this contract… again.
Over recent years artists have been arguing people should value their art and should be paying for it as so many are either illegally downloading or using streaming services that devalue their music. Yet their management want me to give them all the rights to my images, have no chance of credit nor payment. This isn’t the only case of this happening, it goes on all the time. Taylor Swift famously wrote an open letter to Apple about artists not being paid during the trial period yet imposed a similar overreaching contract on photographers. When Taylor Swift found out about this contract he changed it to be photographer friendly. The thing is, I don’t blame the artists for this as I doubt they even know the contract exists in most cases. I think whoever is imposing these kind of contracts, management companies, record labels or whoever should really start to think about other arts and value them as much as they value music. In addition, part of the problem is photographers who value the opportunity to photograph a band or artist over valuing their own work. Trust me, it’s hard to turn down an opportunity to photograph a huge band but you HAVE TO so that the whole industry will start to value photographers. Certain labels and management companies know they can find someone to agree to this kind of contract but please, don’t.
I’d like to make it clear, I’d still like to work with Boyce Avenue in the future IF the contract was changed.
The contract:
PHOTOGRAPHER RELEASE
__________________ (“Photographer”) and Boyce Avenue Global, LLC f/s/o “Boyce Avenue” (“Artist”) hereby
agree to the following with respect to the photographs (“Photos”) that Photographer will take, or cause to be taken at
their specific direction and control, of the musical group known as “Boyce Avenue” on the date(s)
______________, 2014:
1. Photographer has the limited right and permission to use certain Photos that have been approved by Artist
solely for Photographer’s personal, private, non-commercial use (for the avoidance of doubt, Photographer may use
such Photos on Photographer’s personal or professional web site). Photographer shall have no right to otherwise use
or re-use the Photos in whole or in part, in any medium or for any purpose whatsoever, including, without limitation,
sale, promotion, advertising, trade, merchandising, or publication, or to authorize any third party to do the same,
without Artist’s written consent. Photographer agrees to provide Artist and/or Artist’s management or
representatives in a timely manner with high-resolution files of the Photograph(s) upon request.
2. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Photographer
acknowledges and agrees that Artist shall own all rights in the Photos, including the copyrights therein and thereto,
throughout the universe in perpetuity, including, without limitation, the copyright (and all renewals and extensions
thereof), in and to the Photos. Photographer agrees that Artist shall have the right to exploit all or a part of the
Photos in any and all media now known or hereafter devised, throughout the universe, in perpetuity, in all
configurations as Artist determines, without Photographer’s consent and without any payment or consideration
therefor. Photographer understands that Artist will give Photographer an appropriate photographer credit (“Credit”)
where possible. Photographer further understands that all aspects of Credit shall be determined by Artist in Artist’s
sole discretion and that failure to accord Credit shall not be deemed a breach of any obligation, express or implied.
Photographer further grants Artist the right to use Photographer’s name, likeness and biographical data in
connection with the distribution, exhibition, advertising and exploitation of the Photos. Photographer will, upon
request, execute, acknowledge and deliver to Artist such additional documents as Artist may deem necessary to
evidence and effectuate Artist’s rights hereunder, and Photographer hereby grants to Artist the right as attorney-infact
to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such
documents if Photographer shall fail to execute same within five (5) days after so requested by Artist.
3. Photographer hereby waives all rights of droit moral or “moral right of authors” or any similar rights or
principles of law which Photographer may now have or later have in the Photos. Photographer warrants and
represents that Photographer has the right to execute this certificate (“Certificate”) and that the Photos are and shall
be new and original with Photographer and shall be capable of copyright protection throughout the universe, that
they do not and shall not violate or infringe upon any common law or statutory right of any party, or constitute
unfair competition and are not now and shall not be the subject of any litigation. Photographer shall indemnify and
hold Artist and Artist’s employees, officers, agents, assignees and licensees, harmless from and against any losses,
costs, liabilities, claims, damages or expenses arising out of any third party claim which is inconsistent with any
warranty or representation made by Photographer herein.
4. This Certificate contains the entire understanding of the parties and will be governed by the laws of the
State of Florida applicable to contracts entered into in the State of Florida.
IN WITNESS WHEREOF, Photographer has signed this Certificate effective as of _____, 2014.