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Taylor Swift Listens to Photographers’ Concerns; Foo Fighters Not So Much

As we reported in June, the publicity engendered by Taylor Swift’s protest of Apple’s licensing terms on behalf of artists brought to light the onerous contracts her management company had been requiring concert photographers to sign. Photographer Jason Seldon pointed out the hypocrisy of the contract, since Swift’s takedown of Apple’s iMusic license was undertaken, in her words, on behalf of creators. The outcry cast a spotlight on other troublesome concert photography contracts. Lady Gaga has been demanding all copyrights to concert photographs since 2011, and the Foo Fighters’ contract includes a rights grab of supernatural proportions: photographers are limited to one use of the photos, and the band is granted all copyrights “throughout the universe in perpetuity.”

The fallout on social media was comprehensive, with photographers, trade publications, and photographers’ associations decrying the contracts. The American Society of Media Photographers (ASMP) launched a Twitter campaign under the hashtag #fair4photogs. Some media outlets took a stand as well. The Irish Timesdeclined to cover Swift’s sold-out Dublin shows in June, while photographers for six Montreal newspapers refused to shoot her concert there. Instead of sending a photographer to a Foo Fighters concert, Washington City Paper offered to buy fan photos and, tongue in cheek, promised not to ask for either their copyrights or their first born children. In perhaps the most creative response, Le Soleil in Quebec bypassed the contract by sending a cartoonist to document a Foo Fighters concert (right).

Le Soleil front page with sketches

In an encouraging turnabout, in mid July, Swift released a new contract that has been lauded as a fair compromise with photographers. The contract is the result of negotiations between Swift’s representatives and Mickey Osterreicher, General Counsel to the National Press Photography Association (NPAA) legal counsel . The new contract permits photographers to use their concert photos of Swift in their portfolios and websites, permits news outlets to publish the photos more than once, and states that Swift’s agents can ask photographers not abiding by the contract to delete images, rather than destroy their equipment.

Unfortunately other musicians haven’t had a similar change of heart. The Foo Fighters management insisted to Washington City Paper that their contract is standard and exists to “protect the band.”  The Paper isn’t buying it. As they reported, “…that’s not even close to being true. The Rolling Stones, to name one huge act, aren’t demanding newspapers sign over their pictures and the Stones are in the middle of selling out half of the stadiums in North America.”



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