Re: using photographs of musicians for commercial purposes

Ann Okerson wrote on behalf of Jan Jenson:
> How do I go about getting licensing rights to use those photos (taken
while I had a press pass) on my www.cafepress.com/vizual website I want to sell posters, framed and unframed photos, greeting and postcards, mugs, ornaments, tile coasters and wall calendars.

<<< Ann and Jan -- My answer to your question is based on the assumption that Jan is the copyright owner in the photographs ----- that Jan is the author but did not create the photographs as an employee of a publication or other employer, and Jan did not sign a work for hire agreement or otherwise cause Jan's ownership to be transferred or Jan's exclusive rights to be in any way restricted. If my assumptions above are inaccurate, then Jan may not be the copyright owner in the photographs and should seek a license from the owner. If my assumptions above are accurate, then your question is *not* a copyright question. It is a "right of publicity" question. Before you commercially exploit your photographs of musicians in the manner that you have described, you will need the written permission of the musicians appearing in your photographs. Either a signed model release or other agreement in which you receive the right to exploit the likeness/es of the musician/s. This generally involves payment of either a substantial flat fee in advance, or a royalty arrangement whereby you remit a percentage of your revenue to the musician. Note that if the photographs also picture recognizable venues, instruments or corporate banners, you may also need to obtain property releases and other permissions from the respective owners. I am not an attorney. I advise that you consult with an attorney before proceeding.

Jeff Sedlik
APA Received on Tue Nov 18 2003 - 02:25:59 GMT