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.
I would never let any of my photographers sign such a unfair contract. We have declined shows that are total photo rights grabs.
That Marcus King contract is more restrictive than the one I signed in Europe a couple of weeks ago. For example:
“Company shall also have the right to use the Photographs for other purposes, including commercial purposes, upon payment to me of a reasonable and standard fee for the respective use, which fee shall be negotiated in good faith.”
– so there is a chance to get paid, however slim…
“I will not sell or license any of the Photographs or permit the commercial use of any of the Photographs by any third party without Company’s prior written permission, which will not be unreasonably withheld;”
– maybe that last part was in your contract too? It changes the dynamics on my ability to sell the images.
Finally, I only had 5 business days to deliver the images, not 7 🙂
I’m not saying this is a great contract I’ve seen worse and, in general, where I am located (not in the US) most photographers simply don’t consider them binding as the other party has never signed it, especially if you’re asked to sign right before the show (at least Marcus King was with prior warning).
Compare that to one I turned down just before, where the photographer is held liable for any unauthorised use by a third party – effectively meaning that if someone takes your images without your permission and uses them, and the artist etc. deems themselves to have losses or damages, then they can sue YOU the photographer…
“Photographer and Media Outlet hereby agree to indemnify and hold harmless XXXXX, Artist, the Artist’s management and their respective agents, representatives, employees, associates, professional advisors and/or consultants (the “Indemnified Parties”) against any claims losses, damages and liabilities (including legal costs and reasonable attorneys fees) incurred by any of the Indemnified Parties as a result of any unauthorised use of any materials relating to the Performance, including without limitation any photographs, or any other breach of this agreement.”
I simply did not like that clause at all, despite what I said abut ignoring the contracts…
Marcus has talent but he’s become pretty much a d*ck in the last few years. He changed his music as well, and now it’s just boring. I used to try to catch any show nearby but now I wouldn’t waste my time.
The only way to change this is for photographers to start boycotting shows with these kind of contracts.
I’m a big Marcus King fan and I’m also a gig photographer and that’s some bullshit.
Why should photographers be expected to work for free?
Marcus King can kiss my ass and the asses of every other photographer. Let him use fucking cellphone pics!
Personally I’m just happy and grateful to play a gig these days…Anybody can take as many photos of me as they want to…I will hire my own photographer and pay them a negotiated fee…
Maybe Marcus should start
Playing free gigs and give up his right to all of his of his music in the presence of other photographers.
Dick move…
What an asshole. Never listened to his music and this turn of events is one more reason not to.
Fuck Marcus King! He’s a so so player but ever since he felt the need to change the lyrics to “the night they drove old Dixie down” at a last waltz concert I have no use for him
What a shock. A closet Trump lover forces independent contractors into a deal that will screw them out of money. I wonder where he learned how to do this…