How can I keep copyright to band promo photos while allowing limited use?
Asked 1/2/2013
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2 answers
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A friend asked me to photograph his band for promotional use with a newly recorded album. I’m not charging them, but I want to make sure I keep the rights to my photos and that any use is limited to the band’s own promotion unless they get my permission later.
I’m in the US. Do I automatically own the copyright, or do I need to register it first? What kind of agreement should I use so the band can use the photos on their website, Facebook, and when contacting record companies, but a label or other third party can’t reuse them without my approval?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
13y ago
2 Answers
7
You have automatic copyright on your own pictures. Regardless of who you hand them to. What you want is to establish a "usage agreement", a.k.a. a usage license, where you will grant the band the rights to use your pictures for their own promotion, and only that, in exchange for being credited for your work. Based on this, the records company will not legally be allowed to use the pictures themselves, unless they reach out to you for a new agreement. However, I'd more imagine that if the records company like your pics of the band, they'd reach out to you to take more pictures :)
Originally by user14163. Source · Licensed CC BY-SA 4.0
user14163
13y ago
0
Generated from our catalog & community — verify before relying on it.
In the US, you automatically own the copyright to photos you take unless you’ve signed it away. Simply giving the band the files does not transfer copyright.
What you need is a written usage license/agreement, not just a copyright notice. The agreement should say:
- you retain copyright
- the band is granted limited permission to use the images for specific promotional purposes
- the license is non-transferable
- any other use requires your permission
- credit is required if that matters to you
- optionally, a time limit or other restrictions
That helps prevent a record label or other third party from legally reusing the photos under the band’s permission alone.
Adding a copyright notice can help communicate ownership, but it does not replace a license. You can also register your photos with the Library of Congress to formally register the copyright, which can strengthen your legal position.
If you want real protection, especially if the images might become commercially valuable, have a local lawyer help draft a simple license agreement.
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