Interesting Request on Flickr

[jcspenny]

Hello everyone. I'm a long time creeper of DPS, this board especially, but I haven't posted much. I recently received an interesting message on Flickr regarding the usage of a couple of my pictures.

This person would like to use two of the pictures I took of Casey James at an American Idol concert earlier this year in a photo album that they are sending to Casey. Here's the message:

Hello,
I LOVE your photos of the AI tour in Hamilton. We are putting together a photo album of Casey on stage for him and his family. Would love to use your two photos. POssibly using the dramatic one for the front cover!
I would like to request your approval. And if so, what name would you like us to use for your photo credit?
Hope to hear back from you...thank you

I've sent a reply asking for more information, but from the sounds of it there will just be one album, kind of like a scrapbook, that they will send as a keepsake.

I know that if I wanted to be taken seriously as a photographer then I shouldn't go around giving away my images. But, I'm not even sure if I'd be able to sell these images since I don't have a model release or anything. (Come to think of it, should I even have them on Flickr? Or are the rules different in cases like this?) Anyways, If they intend on making money off this album then I already know that my answer will be no. That being said, if they are just looking to create an album to send to the singer as a keepsake, I might be interested in letting them use my images. Whether I decide to let them use them or not, I'm flattered that they like them enough to want them.

If I am right and they just want the images to create one album to send to him, am I allowed to let this person use them? The only rule regarding cameras at the concert was that "no professional photography equipment" was allowed, so I was allowed to take the pictures. But is it assumed that pictures taking by someone in the crowd at a concert are only for their viewing and whatnot, or do I have the right to give this person the pictures? And if I am allowed, would I be crazy to give the images away for this reason, or should I just thank them for their interest but tell them no?

Thank you for your help!

[candleman]

photocredits are B.S.
nobody ever looks at the photocredit other than other photographers.
make them pay (limited rights, you retain Copyright)... AND they give you a photocredit.

EDIT:
wether you're allowed to sell rights to it.. errrr.... dunno
possibly not if there were signs up.

[jcspenny]

The only signs they had up said "No professional photo/video equipment allowed." Which I take to assume that I'm not allowed to make money off the pictures. That's okay, I'm not looking to make money off these pictures anyways. Should I just tell them no?

I totally agree that just credit is bs. And if they're using the album just as a souvenir to send him, it makes it all the more useless to me. I doubt he's going to look at the photo credit and say "Wow, I should get this person to take pictures of me!" And even if he did, I'm not looking to get into concert photography. All I'd be getting out of this is bragging rights... which I suppose is even more pathetic than credit.

I'm still curious about whether I'd be allowed to let them use the images for free if it's just for the one album. Even if I decide not to let them use them, I think it's a good thing to know for future reference.

[gturner]

I fail to to see an upside for you. The best that can happen is that his agent can demand the image is destroyed as it violates your terms of entry and images rights at the show.

You have some really nice captures from the event - not sure how you managed to with those rules in place.

[Sime]

Jamie.

You can sell it as an art print - you can't advertise with it / promote a product / endorse something.

If the person is making money from the scrapbook, as them what their budget is for your two images - if they don't have one, then that's up to you if you want to give them your images. (good work, btw - how far back were you?)

There's the line of thinking that if this is what you want to be doing and that they use and credit (yeah, you can't pay off your house with a credit) the image, if they have no budget, and it manages to somehow have a large print run, then it's great exposure for you...

...but, you can't pay off your house with a credit - so only you can decide.

[Sime]

Attached? Come on!

Sorry guys - was just checking to see attachments are working again!

sime

[kuvahmagh]

Originally Posted by gturner

I fail to to see an upside for you. The best that can happen is that his agent can demand the image is destroyed as it violates your terms of entry and images rights at the show.

You have some really nice captures from the event - not sure how you managed to with those rules in place.

At first I disagreed with this then saw that you used a XS, typically DSLR cameras, regardless of level, are considered professional Photo equipment. I'm amazed you got that into the venue, I'm assuming it was Copps Coliseum though it doesn't matter. Because of that your rights could be affected, particularly since you say their were signs posted.

[funcrunch]

I'd agree that any SLR should be considered professional equipment. Event promoters and bouncers are not so savvy so they may say ridiculous things like "no lens longer than three inches" as if it is impossible to have/use a pro camera with a shorter lens. I've gotten some of my best pix with my 50 1/4 which is quite short indeed, but it's attached to an obviously-pro SLR (5D Mk II or 40D) so I wouldn't be able to get away with sneaking it in anywhere, nor would I try.

[kuvahmagh]

Originally Posted by funcrunch

I'd agree that any SLR should be considered professional equipment. Event promoters and bouncers are not so savvy so they may say ridiculous things like "no lens longer than three inches" as if it is impossible to have/use a pro camera with a shorter lens. I've gotten some of my best pix with my 50 1/4 which is quite short indeed, but it's attached to an obviously-pro SLR (5D Mk II or 40D) so I wouldn't be able to get away with sneaking it in anywhere, nor would I try.

Typically the threshold they look at is a removable lens.

Here's a question though, would the promoter or whatever be able to go after someone since they have essentially broken the terms of service regarding the ticket sale and the no pro gear allowed?

[Mike367]

Canon does not list the Rebel as one of their professional cameras Canon U.S.A. : Professional Imaging Products : Digital SLR Cameras so, according to the manufacturer, (and they should know) you were not using professional equipment.