Marcus King, via the company King Family Touring, Inc., is the latest in an increasing line of artists who have issued photography copyright grab contracts when covering shows. MetalTalk were due to cover the Eventim Apollo show tonight, but, having previously been accredited, we were told this lunchtime that a contract required signing.
The contract is a rights grab, where the artist requires that the photographer works for them with no fee. King states that the photographer will “waive all so-called ‘moral rights’ in the Photographs,” meaning that the artist does not even have to credit the photographer.
The contract tells the photographer that King “hereby engages me on a work-for-hire basis to photograph ‘Marcus King'” though, of course, there is no mention of any fee to be paid to the photographer.
Furthermore, the photographer is asked to sign saying that “for copyright purposes, Company is the author of the Photographs and Company owns all rights.” This means that the photographer assigns all copyright to the artist.
Marcus King is “free to use, re-use, publish and re-publish the Photographs, in whole or in part, individually or in conjunction with other photographs or material of any kind, in any medium now known or hereafter devised, and for any purpose whatsoever, including, without limitation, any and all commercial and non-commercial uses.”
Marcus King states that the photographer “will not use, sell or license, or permit any third party to use, sell or license, any of the Photographs in any manner without Company’s prior written consent.”
This means the photographer has to get permission to use their own photos in any way.
The only exception to this is “the limited right to use the Photographs as part of my professional photographer portfolio and in my professional photographer marketing materials.”
The contract does say that Marcus King will try to credit the photographer, but if this does not happen, then tough shit. You can do nothing.
The final nail in the coffin is that the photographer agrees to “deliver to Company a copy of each Photograph in a high resolution storage format acceptable to Company within 7 business days following the Event.”
Many photographers will sign these contacts, giving away rights to their work to add a photo to their portfolio. While photographers sign these, there is no reason for artist management not to issue them.
“This is the complete agreement between me and Company with respect to the Photographs and this Agreement may not be modified except in writing signed by both me and Company,” the contract reads. “The relationship between me and Company is that of an independent contractor and this Agreement does not create any partnership, joint venture or similar relationship. This Agreement is governed under the laws of the State of Tennessee applicable to contracts fully performed therein.”
The Marcus King contract is the latest in a line of limiting and unfair contracts. Other recent examples are Elle King, Foo Fighters and Night Ranger.
No MetalTalk photographer is asked to sign these. We would rather miss the show.
King Family Touring, Inc. have been approached for comment.
