Requested to take down photos of some performers only...

[mkooper]

I have been requested to take photos of a performance in Newcastle area last month by the event organiser. I took 5000 photos of various dancers and dancing groups, all over 18, and whittled it down to about 500 photos. These I put up on Smugmug for sale, as worked out with the event organiser. The performances were on a private stage in an RSL club and there was an entry fee to view the performances.

The event organiser has since notified me that some of the performers have complained about the public nature of the sale, ie: I did not put a password on the gallery and it was open on the internet so all performers and guests performers and audience, and anyone else, could see a reasonable sized thumbnail of the photo that was for sale and purchase those photos up to original size.

I have now password protected the gallery and asked that those offended please let me know which photos they want removed so I can open the gallery up again in the future.

My question is, what are my rights as far as ownership of the photos and making some of these photos public as part of my portfolio. Do I have to delete or hide the photos from the public on request?
Don't get me wrong, I do not want to do anything to upset people, and I will delete photos if requested, but if in future someone gets back to me and says that they never received the request for deletion of photos from the gallery and they want to sue me for the photos that have since been made public...

Thanks for your wisdom...

- - - Updated - - -

P.S. Unless you are of an extreme religious sect, none of the photos are in any way explicit. Certainly not by any Australian standard that I know of. No nudity exceeding bellies and some thighs were exposed. No lewd poses either.

[Kym]

If you had permission from the event organisers to take the images at the time then you don't need to take them down.

[ricktas]

The performance itself could well be a copyrighted work of Art, owned by the performers or artists. No different to a photo, painting, music, movie, etc. It is a creative artistic performance and the creator can have copyright over it, thus you need permission to sell photos of that 'Art'.

[Mark L]

Wonder what was in the contract between the artists and the event organiser?

[I @ M]

Wonder what was in the contract between the artists and the event organiser?

+ the photographer. There WAS a contract in place for commercial sales wasn't there --------

[William W]

I think that before shooting any event; sporting fixture; school photo; church choir; local music ensemble; etc . . . the Photographer needs to be cognisant of the following matters:

1. The applications of contract between the performers/athletes/members of the group and producers/management authority. This is about the performers/athletes/members of the group giving permission for their images to be unconditionally used as deemed so by the producers/management authority.

This goes to whether or not the talent can request, or demand, basically anything. If the talent have signed an authority to the Producers that allows the Producers universally use the Talents’ images, then the Talent doesn’t really have much say after that point. The same applies for Schools' and Sports Clubs' Students/Members.

2. In the case of a “production” (a play, a band’s performance, etc) the knowledge of ownership of the copyright material and the details of the contract between the copyright holder and Producers (goes to the point made by Rick).

For example the owner of a play might NOT have contracted to the Producer of the play the use of copyright material for any other purposes OTHER THAN the PRODUCTION of the play – so the Producer of the play CANNOT therefore allow the photographer access to use any of the copyright material – copyright material might be a specific set design; or clothing design, just as examples.

3. Having a full understanding of the above two points then - a very clear contract between the Producer/Management authority and the Photographer allowing the Photographer USE (this is NOT about copyright of the Photographs; but about the USE of them).

***

. . . My question is, what are my rights as far as ownership of the photos and making some of these photos public as part of my portfolio. Do I have to delete or hide the photos from the public on request?

So my (layman) opinion addressing your question:

Firstly: you own them.

But for the next bit which is about the USE of the photographs - we firstly need to know if you have point 3 covered and then work backwards . . .
1. Do you have an iron clad contract with the Producers of the performance allowing you to use the images that you made in any way you deem appropriate?

If NO – then my advice is take down the images and don’t use them in your portfolio.
If YES – then the next two questions are of equal value -

2&3.Have you got (or can you get) the necessary copies of the contract extracts that allow the Producers to let you use: a) images of the performers and b) use images of any copyright material?

For the Performers’ consent, a generic form that all members of the troupe or club would have signed for membership, plus a letter from the managing authority stating that all members signed same, is what I usually require.

For any copyright material a photocopy of the specific areas of the contract between the owner of the work and the Producer is appropriate.

If ‘NO’ to either question 2/3, then I suggest that you take down the images and don’t use them in your portfolio.

WW

[Shelley]

I realise the need for contracts, etc... I don't dispute that. I work in a school and photograph heaps of events, so I don't even show the photos - some of my best work .

But, jeez its doesn't seem worth it, with all the trouble one has to go through... Its all becoming so complicated.

[William W]

Its all becoming so complicated.

People's actions make it "complicated".

What is generally not realized is these (silly) actions by people, make the cost of doing business much MUCH more than it really need be.

. . . and once one gets a few kicks in the guts from people's ‘silliness’ - it also quickly becomes way too complicated to do pro bono gigs or take on students for work experience . . . etc.

WW