Freelancer’s Question: I want to sell some of my photographs for the first time but need guidance on rights issues. If I have taken shots on a compact camera at a ticketed event, am I able to sell prints in a small capacity, such as on eBay? Or is the fact that I'm not the official photographer for the event likely to cause me a problem? Do the venue or artist have the right to complain or mount a legal challenge? I don’t want to break any rules, but would like to start selling for my own confidence and self esteem.
Expert’s Answer: Standard terms and conditions for entry to live music events will make it clear that commercial photography is not allowed, is in breach of the terms, and the promoter will retain the right to refuse entry and remove you from the premises. Should your photos be successful, then there is potentially scope for the promoter to sue you for breach of contract. However damages for such a breach would usually be restricted to the price of the ticket.
Another concern is that they would claim some kind of implied licence over the photographs. Basically it is up to the promoter who can and who can't take photos of the event. If you have taken photos and they haven't stopped you, then they may claim that they have effectively consented to the photos and have an implied licence.
As for the artists, they have no rights over the photographs. The artist has performers’ rights over the musical performance itself. This restricts making recordings of it (including video and audio recordings) but not photographs.
Unfortunately, as you can see, this is not a clear cut area. The likelihood of being sued for breach of contract is remote, especially if the photos are only going to be sold via eBay. However the risk remains.
The expert was Ben Evans, trainee solicitor at Lawdit Solicitors, a legal firm that helps freelance professionals.
Editorial image Cameron Cassan.
Jan 22, 2010
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