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|| SportsShooter.com: Member Message Board

Tom Petty and the Heartbreakers waiver
 
Jim Wells, Photographer
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Calgary | AB | Canada | Posted: 7:05 PM on 06.15.10 |
->> The Calgary Sun did not photograph the show...same thing happened when KISS came to town in the fall
Date:
By: photographer
PHOTO AGREEMENT
The following will serve as agreement between TOM PETTY AND THE HEARTBREAKERS and/or his authorized representatives of EAST END MANAGEMENT and photographer NAME:
In consideration of Artist's assistance and cooperation in the taking of photographs of Artist, Photographer agrees that he/she will permit the use of a selection of photos by the Artist for general publicity purposes, Artist website, etc free of charge. Those photos should be delivered digitally to the Artists publicist without unreasonable delay. Should artist choose to use photos for album packaging (not including the cover), the Artist will pay a one-time $3500 fee as payment for that usage. Should Artist choose to use photos for album cover packaging and/or merchandise, Artist would pay a one-time fee of $5000 as payment for that usage.
Please indicate your agreement to these terms by signing below.
Photographer |
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David A. Cantor, Photographer, Photo Editor
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Toledo | OH | USA | Posted: 7:47 PM on 06.15.10 |
->> Hey Mr. Petty,
"Well I won't back down
No I won't back down
You can stand me up at the gates of Hell
But I won't back down"
Sound familiar? |
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Sam Santilli, Photographer, Photo Editor
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Philippi | WV | USA | Posted: 7:57 PM on 06.15.10 |
->> So if someone signs, and people of lesser backbone will, then the "Artist" gets to use the images for whatever, but maybe you will get on the CD cover or on the jacket somewhere...ya, right. My fav line is: "without unreasonable delay" to get the images in to the artist. Would that mean when hell freezes over. How about delivering a very small image, with Tom Petty cropped out?
Can we charge Tom for the use of our ears to hear his tunes? My ears want a free "best of" CD to allow Tommy Boy to play for me. |
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Greg Foster, Photographer
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Atlanta | GA | | Posted: 9:23 PM on 06.15.10 |
->> This could be an interesting approach to these contracts:
If you're already at the show, smile, sign it, go in, turn the cameras off, smile, relax, shoot no photos, enjoy a few songs from your front row seat (the allowed three or whatever), leave, and if the publicists call after an "unreasonable delay", tell them that in your professional judgment there really wasn't anything worth photographing, and that no photos exist. Seems that would nullify the contract, as the consideration of "Artist's assistance and cooperation in the taking of photographs of Artist" was never consummated since no "photographs of Artist" exist. It would be fun to have the artists and publicists look in the photo pit and see a bunch of photographers smiling and taking no photos. I don't think they can sue you for not shooting photos...
Of course, mine is probably not always the best advice to follow... |
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Jim Wells, Photographer
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Calgary | AB | Canada | Posted: 9:40 PM on 06.15.10 |
| ->> I considered signing, then shooting pix of his feet, the mic stand, a speaker or two or a wide shot of the crowd... |
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Greg Foster, Photographer
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Atlanta | GA | | Posted: 9:44 PM on 06.15.10 |
| ->> Jim, that approach crossed my mind too... |
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Cooper Neill, Photographer, Student/Intern
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Nashville | Tn | USA | Posted: 9:56 PM on 06.15.10 |
| ->> If I shoot this show, they will receive a series of out of focus and under exposed shots of Mr. Petty. |
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David Harpe, Photographer
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Denver | CO | USA | Posted: 10:10 PM on 06.15.10 |
->> Don't bother. I saw the show as a spectator. Not worth shooting.
Joe Cocker, on the other hand, was awesome. |
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Mike Strasinger, Photographer
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Nashville | TN | USA | Posted: 10:23 PM on 06.15.10 |
| ->> I'm a little bit surprised. The last time I shot Tom Petty they had no restrictions at all. It was an outdoor show, and they let us shoot for as long as we wanted. No 2 or 3 songs limit. This was about 5 years ago ,though. He might have different management now. |
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Chris La Putt, Photographer
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Jersey City | NJ | USA | Posted: 10:51 PM on 06.15.10 |
->> this is actually one of the more lenient releases i've seen. i would sign it.
it's not like you're signing your entire rights away. the contract doesn't indicate hi-res shot. i would give them web-res (640x480 max i'm assuming) shots since they indicated it's just for "digital use."
i don't see anything in the contract that says you can't watermark it beforehand as well.
they've already tacked down a price that is not that bad for a promo or merchandising contract that most major artists would balk at.
these contracts are difficult to deal with in concerts just outright refusing them is not going to work. talking with the band's management before or after the show and indicate why you walked out and didn't photograph the show would have been more helpful. also, if you're working for a paper they should not have handed the contract to you but to your photo editor. |
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Jim Wells, Photographer
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Calgary | AB | Canada | Posted: 11:07 PM on 06.15.10 |
->> Chris, I agree the waiver is somewhat vague and open for interpretation.
As well, sometimes I get to run the dpt and photo editor when the boss is away or on holidays.
The music writer was sent the email (release) because she deals with the management/ promoter. She sent to me because when she left for the weekend on Thurs, I was PE for a couple weeks.
It was a no-brainer decision when I discussed with the boss this morning. |
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Chuck Liddy, Photographer
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Durham | NC | USA | Posted: 12:30 AM on 06.16.10 |
| ->> Geez, Tom Petty concerts have always been a pain in the ass to shoot. I like his music but whenever I was assigned to shoot a concert I liked it less and less because he (management) was a dick. |
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