|
|
Steven Steele Chief of Staff 1868 Posts |
Well this is first for me. In the past, when I have asked the client for photographs to use in my marketing, they have been very cooperative, although it usually requires on my part to make sure they carry through (marketing my business is more of a priority for me, than for them). And I'm OK with that.
However, a recent show took me by surprise. After the show I asked the client for a few photos and they declined. They said the photos were for their use only. I have never had this happen before. So my question is... Is this an isolated case? Or is this something new happening in the corporate world? Is there something in your contract that says you have rights to the photos? Or how do you handle it? Let me know your experience. Thanks!
Coram Deo
|
Al Angello Eternal Order Collegeville, Pa. USA 11045 Posts |
Steven
My facebook fan page is full of action shots of me at parties with kids, and one out of ten parties do not want pictures of their children on facebook. The evening news is full of stories of child abuse, and people want to protect their kids. What you have experienced is part of the price of doing business in the 21st century. https://www.facebook.com/AlAngelloJuggle......a?ref=hl I carry my camera to every show, and ask permission to take pictures at every party. There will be enough yes' to compensate for the no's.
Al Angello The Comic Juggler/Magician
http://www.juggleral.com http://home.comcast.net/~juggleral/ "Footprints on your ceiling are almost gone" |
Mindpro Eternal Order 10586 Posts |
Hopefully it's more of an isolated incident. I've been getting similar responses a bit more often regarding videotaping, but this is more easily understood, but I am surprised about photos. Especially in this day and age of cell phone cameras and photosharing, I would think this would be more acceptable
|
Al Angello Eternal Order Collegeville, Pa. USA 11045 Posts |
Mindpro
One out of ten mom's absolutely forbid it. The TV news is full of child abduction, and abuse stories.
Al Angello The Comic Juggler/Magician
http://www.juggleral.com http://home.comcast.net/~juggleral/ "Footprints on your ceiling are almost gone" |
Blair Marshall Inner circle Montreal, Canada 3660 Posts |
Steven, It sounds like it may have been a corporate event? In your contract do you allow photos, or video, of your show to be taken? If so, you should have in there your right to copies of any material taken, photos or video. OR you can have note saying that photos and video are not permitted. It's all up to you.
Blair
Visit My Facebook Fan Page At
www.Facebook.com/BlairMarshallMontrealMagician www.BlairMarshall.ca www.ShaZzamShow.com www.MontrealMagicien.com |
Al Angello Eternal Order Collegeville, Pa. USA 11045 Posts |
To some people who they are, where they live, what the inside of their house looks like, what their children look like, and what their names are is information that is extremely private. I try to get a lot of shots of the back of kids heads, and I always ask the parents for their permission. I also invite them to see what I do with these pictures on facebook so there is no doubt that the pictures were just for my facebook scrap book.
Al Angello The Comic Juggler/Magician
http://www.juggleral.com http://home.comcast.net/~juggleral/ "Footprints on your ceiling are almost gone" |
Michael Messing Inner circle Knoxville, TN 1817 Posts |
My perspective is from two sides. I am a full-time performer and a part-time photographer. The photographer (regardless of whether they are pros or not) own the copyright on any photo they take. If you don't want to be photographed or don't want them to use the photos, you can specify that but you can't require them to give you use of the photos they take. The photographer owns the photos and, if he doesn't want you to use them, then there's nothing you can do about it. (I am assuming that the client had someone taking photos for them and declined sharing them with you.)
As Blair alluded to, you can specify in your contract that photos may be taken only if you can have photos for your use. |
magicofCurtis Inner circle Los Angeles 2545 Posts |
Steven Steele
Blair basically stated it. I have a clause in my agreement that photographs are permitted, but not permitted for any commercial tie ups. Also, it states I am to receive a copy of each for my own commercial tie up usage. Also, I have a clause stating no video recording permitted, unless permitted in writing by Lovell or management. Also, I have included a clause that if video recording does take place the client will pay $3,000 per minute or $10,000 per min. or there of for broadcast/commercial purposes. This usually stops them from recording. However, one time I had a corporate client who wanted to licensed 2.5 minutes of video for their company video. That was a pleasant surprise 18 days later. lol Steven, Also, at special events sometimes the photographers will say no, because the client is paying for them. But usually the client will send them to you. Most of the time just give them a b-card and they usually will email you. you could put a clause in for what ever price you would like and see what happens. Best wishes.
Curtis Lovell II
http://www.CurtisLovell.com http://www.MagicofCurtis.com www.facebook.com/curtislovellii Los Angeles, California - U.S.A. |
Al Angello Eternal Order Collegeville, Pa. USA 11045 Posts |
I have given my business card to official photographer at corporate events to send me the proofs shots of me to buy.
Al Angello The Comic Juggler/Magician
http://www.juggleral.com http://home.comcast.net/~juggleral/ "Footprints on your ceiling are almost gone" |
Starrpower Inner circle 4070 Posts |
When I was doing more hypnosis shows, my contract stated that the show and its content were copyrighted. This is sort of like NFL games: they could not record content without my consent. It was profitable for me in those cases, because I recorded my shows and sold DVD's to those who attended.
I don't do this with magic, but if you include such a stipulation they would have to ask first to photograph, and at that time you could work out a "quid pro quo" agreement; that is, I'll let you take pics of you give me copies. You are being a "nice guy", and they will be obligated to provide you with photos. In fact, it would make THEM look bad to say, "We want you to bend your rules for us, but we will not do you the favor of sharing the pictures with you." You also have the option of allowing anyone you want to take pictures. |
Steven Steele Chief of Staff 1868 Posts |
Thanks everybody for your comments. I think I have an idea now of the direction I'm going to take.
Coram Deo
|
TomBoleware Inner circle Hattiesburg, Ms 3163 Posts |
While a client can give you permission to photograph everyone in the room, you may still need permission from the
individual that you use in your material. Don't you? I would think you would if you used a single individuals photo. I do know that with children you have to be careful using photos. You better have permission directly from the parent. As a daycare owner I have written permission that I can photograph all the children at my center. It's a part of the contract. But this doesn't give me the right to grant others permission to do the same. Regardless of what you have in your contract, you can't legally use a child's photo without the parents ok. Still, most parents are understanding and will grant permission, but with so many divorced parents fighting over the kids I can understand why some may not want pictures out there. Tom
The Daycare Magician Book
https://www.vanishingincmagic.com/amazekids/the-daycare-magician/ My Blog - https://boleware.blogspot.com/ |
charliecheckers Inner circle 1969 Posts |
It also depends if it is a private party or public event. I post pictures from my public events without express permission, whileI receive permission for private events prior to posting.
|
Steven Steele Chief of Staff 1868 Posts |
Just to be clear, I don't do many, if any, children's shows anymore. Haven't in a few years. My focus in corporate work so that's where my concerns were.
Coram Deo
|
MichaelDouglas Special user Portland, Oregon 766 Posts |
I've had a couple of corporate gigs in the last year where they would not allow me to take any video's or pics. They're not all like that, but a few are. My standard contract includes a clause giving me permission to take pics and video to use for "quality improvement and promotional purposes." They have to notify me if that is an issue for them.
|
Starrpower Inner circle 4070 Posts |
Michael, we do run into that on occasion, which is why I think we should remember that it's a two-way street. Yes, if they hire you for their event they certainly can deny your taking pictures. You, in turn, can stipulate that your show is intellectual property and cannot be recorded by them (including taking pictures).
I generally don't like to play hardball with customers, but it's give-and-take. Many organizations want it all their way, and I simply think it's a good idea to put that language into the contract to give negotiating leverage if and when we need it. The old "if I do this for you, what are you willing to do for me?" has always been an effective negotiating tool, and backing it up with confirmation of same within the contract they signed can't hurt. |
Sam Sandler Inner circle 2487 Posts |
As most stated having a clause in your contract is the way to go.
what you need to think about also especially kid performers is that you NEVER post WHERE the show was. putting a picture from your kids party on you site with kids in it wont hurt as no one has any way of knowing where that picture was taken. but you still should get permission from Mom before posting. I am currently on a national school show tour and we check with the schools to make sure they have photo release forms on file for the kids. some times they will tell me yes but they have 3-5 kids that their parents don't want them photographed. we ask then to have them sit in a specific area so that we can know and then avoid shooting any pics in that section. a lot of this just comes down to common courtesy and common sense. sam
sam sandler- America's only full-time DEAF Illusionist
http://www.samsandler.com http://www.deafinitelymagic.com |
BrianMillerMagic Inner circle CT 2050 Posts |
It's in my contract that I have the right to use any photo or video taken at the event for promotional purposes. It then mentions that the client has to right to strike this clause from the contract, but only with my written permission. In other words, I don't have to accept the gig if you won't let me use it for promo. I've had maybe less than 5 clients in my career choose to strike it, and of course I said, "No problem."
|
The Magic Cafe Forum Index » » Tricky business » » Obtaining Photographs (0 Likes) |
[ Top of Page ] |
All content & postings Copyright © 2001-2024 Steve Brooks. All Rights Reserved. This page was created in 0.04 seconds requiring 5 database queries. |
The views and comments expressed on The Magic Café are not necessarily those of The Magic Café, Steve Brooks, or Steve Brooks Magic. > Privacy Statement < |