Music makes the world go round.

Music may make the world go round but it is driving many of the countries specialist band photographers insane.

In the good old days, one turned up to photograph the band, one was treated with respect and indeed as a fellow professional. The musicians, the management and the promoters all valued the product that we supplied them with and that was published in such publications as the National and regional press, the music press, other magazines and books. Indeed having pictures being published helps hugely in promoting any brand – musicians are no different.

Things are different to day. We have been seeing strange and weird ‘ photographers contracts’ for a number of years now. This is on top of the ‘First three, no flash’ referring to the fact that the photographer is only allowed to photograph the band during the first three songs and not allowed to use flash. The use of flash is debatable, using it denies the picture the (sometimes) wonderful lighting that a bands set utilises, but at the same time if the band are back lit, the use of flash can be a life saver. First three is more important. Many photographers can get some excellent pics during the time that this allows (say fifteen minutes), but actually that is not the point. For many bands the first three songs are often little more than a last minute sound check. The set isn’t in full swing, and there is little of the emotion or sweat that makes say the last three songs so much more interesting.

However, there are more sinister things a foot. (Some) bands are now making demands of photographers, which defy belief.

Lenny Kravitz recently sent out a ‘photo Release’ to photographers wishing to attend the show stating (amongst others):

“All photographs to be used are subject to the prior approval of the Artist. Photographer shall not authorize or permit any use of any Photographs in any manner or media without prior written consent of Artist.”

Clearly that was well thought out. Apart from the nonsensical viewpoint that an artist will be a better judge of editorial imagery than a photographer, just how does Mr Kravitz expect the photographer to comply with such a demand? Presumably, after every frame the Photographer turns the digital camera around to show the artist, who breaks off from the song to say yes or no? Imagine the fun when seven or eight, or even a score of photographers are doing this. And of course it would have to be done this quickly, as many of the photographers would be wiring their work straight after they have finished photographing.

Here is another good one from the same document:

“Photographer hereby grants to Artist the irrevocable right in perpetuity to use the Photographs in any and all manner and media, now or hereinafter known, without payment, or other compensation to Photographer.”

Oh yes, that makes sense doesn’t it! What on earth would possess any photographer to agree to that? And in the case of workers contracted to a title, how could that ever be made to work?


There is more!

“Photographer agrees to promptly provide Artist, at no charge, with duplicate negatives, transparencies and /or digital files of the Photographs as requested by Artist.”

Oh yes, of course, why wouldn’t we want to do this?

And the final turd on top of the cake:

“Photographer agress to indemnify and hold harmless Artist and Artist’s management, agents, representatives, licensees, successors and assigns (the ‘Indemnified Parties’) from and against any claims, losses, damages and expenses (including attorneys’ fees) incurred by any of the Indemnified Parties arising from or relating to any use of the Photographs”

So after giving the artist title to ones work, letting him have everything for free, and agreeing that he can use the material in any way he wants – for ever, the photographer also now has to indemnify him for any use he chooses to put those images to, done of course without any recourse to the photographer

Even knowing that Mr Kravitz is American doesn’t absolve him from the stupidity of this document.

My guess is that Mr Kravitz himself has never seen the ‘photo release’ put out in his name, and that this document has been constructed by some office junior in an attempt to impress some senior in the Kravitz management organisation with how clever and resourceful they are?

The terrible thing is, this is not the worst document of its kind



© Pete Jenkins
www.petejenkins.co.uk
www.photographerspro.eu/pete_jenkins/ www.onlinepictureproof.com/petejenkins