Personally, without some significant costuming and airbrushing available, I hate having my photograph taken. Fortunately, I\u2019m not a public figure who needs to attract audiences or sell albums. However, for those who are, there\u2019s a reason agents and managers want to control what images are used to promote their artists: not everyone looks good in a candid photo. And it\u2019s not merely a question of vanity. Singers and musicians often contort themselves into considerably unnatural\u2014and unappealing\u2014positions to achieve just the right note or sound. How an artist looks during a performance, or even in candid shots taken backstage after a performance or during a donor reception, doesn\u2019t necessarily reflect how the artist wants to be seen professionally. And that\u2019s really the point. At the end of the day, it\u2019s the artist\u2019s decision, not yours.<\/p>\n
Just because you took the photograph, doesn\u2019t mean you have the right to use it. Legally, there are two sets of rights inherent in every photograph: the rights of the photographer and the rights of the person being photographed. In order to use a photograph for commercial purposes (which includes marketing and publicity), you need to have permission from both. Most booking contracts require the manager or agent to approve all photographs precisely so that the artist can control their publicity and image, but even if the contract doesn\u2019t require this, you still have no right to use anyone\u2019s image for publicity or marketing without their permission.<\/p>\n
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<\/a> legal and business issues for the performing arts, visit ggartslaw.com<\/a><\/p>\n