Tag Archive for "Contract"

Wikipedia tells us that the latest Queens Of The Stone Age album, Era Vulgaris refers to the Latin term for Common Era. The entry continues by saying that the title was chosen by Josh Homme because he thought “it sounds like ‘the Vulgar Era’, which I like, because that sounds like something that I would like to be part of…”.
After last Thursday experiences I can confirm that Mr Homme is definitely part of ‘the Vulgar Era’ he so wants to belong to…
My Thursday went as follows:
- Promoter rings me up at about 3pm and says be there at 9:15pm;
- Get there at 9:15pm and notice the signs saying that their set starts at 10pm;
- The box office call through to the tour manager/promoter rep/whoever, who tells them to tell me to come back at 9:30pm;
- Come back at 9:30pm, guy turns up, hands me a one page contract with very little white space on it;
- Start reading. Guy tells me it’s non-negotiable;
- Get to Clause 2; it says I transfer copyright to them for use throughout the universe for whatever use they want etc;
- I tell the guy this. He smugly tells me that I can use the photo once in the named publication but ‘they’ (whoever they is; I couldn’t actually find it on the contract…) own the photos;
- Guy tells me sign or I’m not coming in;
- I tell him I that I don’t think I’m going to come in;
- Whilst in the process of folding up the contract to put in my pocket he rips it out my hands, passes it over to the box office girl;
- I ask can I keep the contract;
- He tells me to get out.
In part I felt empowered doing it, but at the same time I was very seething, although I think was mainly to do with how this guy treated me and spoke down to me.
The only other photographer there, a woman photographing for a music website, didn’t even read the contract, signed away and told me it was just a standard contract. I told her it wasn’t as you were giving them copyright. She shrugged her shoulders and walked in… it’s kind of sad that photographers are willing to sign contracts without reading them and without caring for the rights that they have signed away.
I emailed my Editor first thing Friday morning to explain what had happened and why I wasn’t sending though any photos. Not only did she agree with me 100%, but she sent an email of complaint to the promoter; a big deal considering it’s a major promoter.
I don’t feel it’s a missed opportunity as the guy had already told us the pit was too small and we’d have to shoot from the staircase towards the back of the room… but no photos, not even rubbish ones from miles from the stage to show you. But, most importantly, no regrets whatsoever.
Remember kids, just say no…
See a slightly bigger/more readable version here or the full contract text and discussion from the ‘Concert Photography’ Flickr group here.
Tonight I was supposed to be photographing Carol King, which I had been looking forward to doing. It’s not every day you get to photograph one of the 20th century’s most renowned songwriters.
But I ended up turning it down when they sent me the contract to sign. The contract said that the photos could only be used once, for the publication I was doing them for. So I couldn’t include them on my website, show them here, upload them to flickr etc. I have ended up signing similar contracts before, even though I probably shouldn’t as I don’t agree with them, and as I’m not getting paid to do the photos there’s nothing in it for me, other than bragging rights; to be able to say to people that I photographed a certain band/singer.
However, the clincher was this:

Her album ‘Tapestry’ is estimated to have sold 22m copies.
Her songwriting credits (with Gerry Goffin) include:
Will You Love Me Tomorrow;
Up On The Roof;
The Locomotion;
(You Make Me Feel Like) A Natural Woman; and
He Hit Me (and It Felt Like a Kiss).
So you’d think that if Carol King wanted to use a photographer’s photos that she wouldn’t be short of a few bob to pay them for using them…
A shame, but I know I did the right thing.