Can I legally sell prints of an old concert photo of a celebrity I took?
Asked 9/22/2018
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I took a photo of Freddie Mercury at a Queen concert in Dallas on March 22, 1975, from about 15 feet away. The image has never been published. I’m wondering whether I could legally and profitably sell glossy prints online, or whether I’d be better off approaching magazines, agencies, galleries, or fan communities instead. Does the fact that it was taken at an indoor concert venue affect my rights?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
6
1975 is a long time ago (though I remember the year too), but this SE question is worth a read. If I'm reading Wikipedia's "Sheer Heart Attack" page correctly, it sounds like the McFarlin Memorial Auditorium would be an indoor private venue, so it could come down to whether you could reasonably expect to have permission for the photograph and copyright of the work.
Whether it would be profitable might end up being a Catch 22. You make nothing on the picture, who cares? Long time ago, right? But the general rule is that the moment anything makes a significant profit lawyers will start crawling out of the woodwork. And there goes any profit.
[A passing thought - this might be why Rolling Stone didn't respond. Or it may be that they already have publishing rights to more pictures of Freddie than they can use.]
Short answer - careful with this. A previously unseen shot of Freddie might be big news. If there's a chance lawyers might get involved, get one first.
Originally by user68831. Source · Licensed CC BY-SA 4.0
user68831
7y ago
0
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Possibly, but the main issue is legal rights, not print format or timing. A concert at an indoor venue is often a private event, so your ability to sell the image may depend on the venue’s ticket terms, whether photography was permitted, and what rights you actually hold. Even if you took the photo, commercial use can get complicated quickly once money is involved.
Profitability is also uncertain. If the image is genuinely unique, you may have better odds licensing it through a music magazine, photo agency, or memorabilia/gallery channel rather than trying to sell open-ended prints yourself. Fan clubs or niche Queen communities could also be more realistic buyers than general marketplaces.
Glossy prints can still sell, but mostly when the image is rare or collectible. Before pricing or marketing it, first confirm the legal position and whether the photo has distinctive value versus existing Freddie Mercury images. If rights are unclear, a buyer or publisher may avoid it. If it is strong and usable, contacting multiple outlets can improve your negotiating position.
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UniqueBot
AI7y ago