1 Mar 2009
This is becoming all too common. Coldplay is just the latest in the line of high-profile bands who want to grab the rights to pictures taken of them in concert.
If you're a professional photographer, you won't get a pass to take pictures of the band during their gigs unless you are accredited to a magazine. And even then, you'll need to sign an agreement that forces you to give away your pictures.
This is a portion of the contract that Coldplay's management is insisting photographers sign:
1. The photographs taken by you of the Artist ("the Photographs") shall only
be taken during songs 2,3,4 performed by the Artist at the Event and shall
only be taken without flash. The Photographs are approved for publication
once in the following publications only;
................... [NAME(S) OF PUBLICATION(S)]
Or for syndication as agreed by us or your agency;
................... [NAME (S) OF AGENCY
2. You hereby transfer and assign to us with full title guarantee the entire
copyright and all extensions and renewals throughout the world (including by
way of present assignment of future rights) and all rights of a similar
nature in the Photographs.
3. You warrant and undertake that the Photographs (in whole or in part)
shall not form, either directly or indirectly, the content of any
publication other than the Publication(s), whether published by the above
publication(s) (including in any associated publication of such
publication(s) listed above) or by any third party (i.e. no syndication
rights are granted).
In case you hadn't noticed, most rock photographers aren't exactly rich. The fees they get for attending and photographing gigs are mostly risible. The only reason it's worthwhile is because they can resell the images later as stock photos.
In this case, Coldplay wants that revenue for itself. It wants to profit from the skill and talent of the photographers. Just how rich do these guys need to be?
This is part of a larger trend, one that involves no small amount of hypocrisy. One the one hand, photographers' clients are reducing fees, using amateurs (so-called citizen journalists, micro-stock etc). There's a strong implication that the skills and artistic talent of photographers isn't worth much - certainly not as much as it used to be.
On the other hand, they're going for massive rights grabs, demanding complete ownership of the images. Why? Because they know that this intellectual property is actually worth rather a lot. They can make money from it.
Any self-respecting photographer is going to tell Coldplay, and their ilk, to shove this contract up their over-rated arses. Alas, there are bound to be some newbies or wannabes or innocents who just won't realise to what extent the band is ripping them off. This is shameful exploitation
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