The whole idea of only being allowed to sell photos to one magazine, one time only, put a damper on the business in the late 1980’s. Then more restrictions started appearing in the contracts. The first one was that the artist wanted to co-own the copyright with the photographer. While this in itself is perfectly legal, the thought behind it came into question. The answer I was given several times was that in the case of a violation of the copyright and the rights of an artist to his or her visual image, the artist wanted to co-own to be able to sue for damages. As this would be something I would vigorously go after myself, I welcomed the thought that someone with an equal share (and a much bigger bank account) would be  working with me in the process. I gladly agreed to sign a contract with anyone giving me that explanation.
That was then and this is what has transpired:
Today, there is now a new kind of contract being issued. The term that photographers are using for it is “Rights grab.” On top of all that has come before, (years of learning our craft, thousands of dollars invested in equipment to pursue our profession, etc.) the artists are now asking for unlimited use of our photographs, free of charge!

Sample language:
Photographer hereby acknowledges and agrees that the Photographs to be used hereunder are subject to the prior approval of BAND NAME HERE.  In addition, in consideration for the rights being granted to Photographer hereunder, Photographer agrees to provide, at no charge, to BAND NAME HERE, duplicate negatives and/or transparencies (as designated by BAND NAME HERE of the Photograph(s)). BAND NAME HERE shall have the right to use the Photograph(s) for any and all commercial and non-commercial purposes whatsoever relating to BAND NAME HERE and BAND NAME HERE activities and BAND NAME HERE shall have no obligation to make any payment to Photographer, the Publication or any other third party in connection with any of such uses.
Sorry to not use the band’s name here, as they are friends of mine, and I think will remove this paragraph from their contract if logic prevails!

Here are a few from bands who recently played at Bonnoroo:

Beastie Boys:

1,_________________, hereby grant, transfer, convey and assign to BEASTIE BOYS, a partnership, (“you”), and your successors, licensee, and assigns, all right, title and interest, throughout the universe in perpetuity, in and to the photographs to be taken by me of the members of BEASTIE BOYS (either as a group or as individuals) on or about _________, 2009 (the “Photos”), including, without limitation, the worldwide copyrights therein and thereto, and all renewals and extensions thereof.
Without limiting the foregoing, I agree that you and your successors, licensees and assigns shall have the exclusive right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as you determine, without obtaining my consent and without any payment or consideration therefor. I understand that you will use reasonable efforts to give me appropriate “photo credit” where possible. I understand further that all aspects of said “photo credit” shall be determined by you in your sole discretion and that failure to accord said “photo credit” shall not be deemed a breach of any obligation, express or implied. I will, upon request, execute, acknowledge and deliver to you such additional documents as you may deem necessary to evidence and effectuate your rights hereunder, and I hereby grant to you the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute same within five (5) days after so requested by you.

Mars Volta:

I, __________________________________ (name of photographer) hereby agree to the following with respect to the photographs that I will take, or cause to be taken,  of the musical group collectively known as The Mars Volta(“you”) on the date ______________, 2009 (the “Photos”):
1. I have the limited right and permission to use certain Photos that have been approved by you solely in connection with one (1) article about you contained in ________________________[State name of publication].
The Photos may be used only in an article, publication or other medium initially disseminated to the public within one year of the date of this agreement.  I shall have no right to otherwise use or re-use the Photos in whole or in part, in any medium or for any purpose whatsoever, including, without limitation, promotion, advertising, and trade, without your written consent therefor.
2. I hereby acknowledge that you shall own all rights in the Photos, including the copyrights therein and thereto, and accordingly, I hereby grant, transfer, convey and assign to you all right, title and interest throughout the universe in perpetuity, including, without limitation, the copyright (and all renewals and extensions thereof), in and to the Photos.  I agree that you shall have the right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as you determine, without obtaining my consent and without any payment or consideration therefor.  I understand that you will give me appropriate “photo credit” where possible.  I understand further that all aspects of said “photo credit” shall be determined by you in your sole discretion and that failure to accord said “photo credit” shall not be deemed a breach of any obligation, express or implied.  I further grant to you the right to use my name, likeness and biographical data in connection with the distribution, exhibition, advertising and exploitation of the Photos.  I will, upon request, execute, acknowledge and deliver to you such additional documents as you may deem necessary to evidence and effectuate your rights hereunder, and I hereby grant to you the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute same within five (5) days after so requested by you.

These two contracts were emailed to all photographers that requested photo passes to the Bonnoroo festival a week before the festival. So they knew before they left home that they either had to agree to them, or tell the editors of the publication they were working with that they wouldn’t have photos of two of the hottest bands at the festival for inclusion in their coverage (hopefully the latter)

More contract talk next week!

In August of 1987, Roger Waters was about to embark on a solo tour, announcing that he was going to play Pink Floyd songs along with his solo stuff. Lot’s of controversy!! His publicist called me and asked if I would like to shoot the show (First three songs only, of course.) I weighed the 80 mile, 3 hour round trip and decided it would be worth doing. Then she asked, as an afterthought “ What magazine are you shooting for? Because you can only sell photos to one magazine.”
Remember last weeks post, when I discussed the cost of a show like this! So I innocently asked, “ Can I put down a number of magazines?” She replied, “ Make a list of any magazine you might sell a photo to, and attached it to the contract when you get there.”
So….. I started compiling a list of every publication I had ever sold a picture to! This was back before the days of computers, so 2 hours later and a lot of Whiteout my trusty typewriter spewed out a 2 page, two column, single spaced list the included everything from Rolling Stone to Popular Mechanics (You never know!) When I got to the venue, I had the people in the box office staple my list to the contract, and went in to shoot 3 really boring songs of Roger Waters.
I failed to mention that this took place at my favorite all time venue, the Poplar Creek Music Theater, where I knew everyone on the staff. At the end of the concert season, I walked up to the box office to pick up a pass for the last show of the year, and the box office manager motioned me to the side, and said, “Hang on a second, I have something that I thing might be yours. When we were cleaning up for the end of the season, I found this pile of Roger Waters contracts. Obviously, his people never came to pick them up!”
So all the discussion and listmaking was a total waste of time!
Also a waste of time was shooting the show in the first place. As far as I can remember, I have never sold any publication a picture of Roger Waters!

Shortly after the three song rules started coming into play, more rules started cropping up. Prime among them was a contract that appeared in an envelope with the photo pass, which had to be signed before the photo pass could be used. Some of them were fairly innocuous, such as a clause stating that the photos could only be used for editorial purposes, and not for merchandising. Since that was what we were already doing, it was easy to sign. The clause that caused a big problem was “You can only sell a photograph to one magazine” which you had to designate on the contract.
Let’s dissect that for a second. I have spent my entire adult life perfecting my craft (Still haven’t gotten there yet.) I have spent many thousands of dollars purchasing the best equipment money can buy to pursue my chosen profession. When the bands who were providing these contracts were started out, they wanted me to get my photos in as many publications as possible, to help further their career. As soon as they get to the point where their pictures would be saleable the restrictions started.
Let’s talk about the monetary equation. I walk out of my house with about $20,000.00 worth of equipment. Another $10,000.00 worth of computer equipment waits for me at home. (Back in the days of film, I would have about 30 rolls of film in my bag- with processing costs, and shipping to magazines, it would cost me about $250.00 minimum to shoot three songs of a major band.) Most publications pay in the range of $50.00 to $250.00 per photo. So let’s do the math- even today in the era of digital photography, factoring in gas and tolls, I could probably expect to make about $150.00 for about seven hours of my time (Travel time, getting to the show an hour before the start time to beat traffic, waiting at the box office for a pass that is not always there, and travel home after- a few hours of computer time at home to edit and archive and email out). That comes to a little more than what the hourly wage is for a fast food worker- and they don’t have to purchase $30,000 worth of equipment to serve burgers!
Another part of this problem is the history angle. Over my career, I have photographed about 3900 artists. Although I don’t shoot much anymore, I make my living, such as it is, by selling archival images to magazines television and especially record companies for repackaging of their product. Too bad they won’t have much of a choice of images 10 years down the road, due to the fact that everyone is shooting the same three songs, and are not allowed to sell them those images!!
Some examples coming next week!

In 1999, I  was asked to be Brian Wilson’s tour manager. During rehearsals for the tour, I got a phone call from his manager (who was also his publicist), a wonderful woman by the name of Ronnie Lippin, who has since passed away. Ronnie was one of the great publicists in rock and roll history, and a very smart lady. She laughingly asked me, “What are we going to do about photographers on this tour,” knowing my answer before she asked the question. I, of course said, “Everyone with a photo pass gets to shoot anything they want!” She agreed and we hit the road.
The first night of the tour was at the State Theater in Ann Arbor, Michigan. During sound check, I met with the head of security for the venue to discuss security arrangements. During the course of the conversation, I said, “By the way, our photo police is that all photo passes allow the person to shoot the whole show, with no flash.” His reply was “Sorry, we can’t allow that.” My reply to him was “Sorry, you have to- it is our decision, not yours.” We went back and forth for a few moments, getting nowhere, and I finally asked him to call the theater manager. When the manager arrived, the security guy said “This guy is trying to tell me that all photographers are allowed to shoot the whole show!” The manager replied “OK with me- it’s his show.”
In two years on the road, that same type of conversation happened about once every three venues. I always won the argument, but the argument never should have been needed in the first place!

A few short stories about why the rule sucks:

July 4th, 2007.

John Mayer was playing at a large free festival in downtown Chicago. I helped his people contact Buddy Guy, and make arrangements for Buddy to come down and play some songs with John. Because John and I are friends he always allows me to shoot the whole show. There were about 30 photographers in the photo pit, including both daily papers. They were all asked to leave after 3 songs, leaving me alone in the pit. Of course, Buddy came on for the encores, when all the photographers were home watching TV or back at their offices!

September 8th, 2006. John Mayer again (Don’t worry John, I am not picking on you)

John and Sheryl Crow were touring together, Sheryl playing first and John closing the show. Each night during Sheryl’s set, John would come out and do a song with her. On this night, it happened to be the 4th song of Sheryl’s set, so not only were all the photographers except for me kicked out after three songs, but they were still in the pit packing up their stuff when this took place about 5 feet from them! They begged the local promoter rep in the pit to let them shoot, but she was so programmed to consider anything after 3 songs to be off limits that she hurried them all out of the pit before any one could unpack their gear and get a shot. Knowing Sheryl and John as well as I do, I feel fairly certain that neither of them would have minded everyone staying one more song, but it wasn’t to be. Talking to the production people after the show, I found out that that song usually was the 3rd song of the set, but was changed just that night!

ONE MORE!!!

Summer of 1998.

Liz Phair was playing on the Lilith Fair tour. Every day during one of the last songs of her set, all the other headliners from the show would come out and sing a song with her (Sarah McLachlin, Natalie Merchant and Bonnie Raitt, if I remember correctly) Of course all the photographers were safely away from the stage when that took place and no pictures were taken of that event. When I suggested that they bring all the photographers back for that song, people said “OH, great idea, but too much trouble.”

In November of 2007, Stevie Wonder played a show at Madison Square Garden in New York City. His press rules are as follows:

PRESS RULES:        STEVIE WONDER – “A WONDER AUTUMN NIGHT TOUR”
Photographers shooting time:
•         First 5-10 seconds of the entrance
•         After first 5-10 seconds refrain from shooting until the first song starts
•         Ok to shoot first 60 seconds of the first song, then publicist will escort from pit
area and exit through security
***All photographers and crews will be escorted from concert after photos and video***
PHOTO & VIDEO RELEASES MUST BE SIGNED BY ALL THE DAY OF THE SHOW
All photographers/crews must be able to present written proof of assignment from an approved
media outlet or wire service
The way Stevie is situated on stage, there is a very small opening between his two banks of keyboards, which allows a photographer from the pit to see most of his face and nothing else. I can only imagine a large group of NY photographers lined up in a row shooting over each others heads to try to all capture the same boring photo for one minute.

The New York Times printed all fifteen of the frames that their photographer captured (all the same and really boring!) in a grid to accompany the review. In a separate article, the following was discussed:

Capturing the Moment With Fewer Minutes
By FELICIA R. LEE  Published: November 19, 2007
Pop stars have kept photojournalists in check for a long time now, having them restricted to pens or escorted from concert halls after only a few songs. But lately some leashes have been especially short. At Stevie Wonder’s concert at Madison Square Garden on Saturday night, photographers were told they could shoot only the first 5 to 10 seconds of Mr. Wonder’s entrance and the first 60 seconds of his first song. Then they had to leave.

Further along in the article:

“It’s harder for me to find that amazing shot,” Michele Romero, a photo editor at Entertainment Weekly, said of shooting only the beginning of a show. “If something happens, it happens at an encore or halfway through a concert. Imagine if Jimi Hendrix burned his guitar and no one saw it. That kind of photography doesn’t happen anymore.”

Accompanying that quote was the famous photograph that Jim Marshall took at the Monterrey Pop Festival in the late 1960’s, showing Jimi Hendrix on his knees with his guitar on stage in front of him in flames.

The article concluded with a quote from Stevie’s publicist:

LaTanya Marble, the publicist for Mr. Wonder’s tour, said that photographers are getting what they need. The 5-to-10-second shooting time is “more than enough,” she said, to capture his entrance. After that, photographers are asked to wait until the first song so that Mr. Wonder has time to get situated at his piano.We’ve been on the road since August, and we’ve had no problems,” Ms. Marble said. “This is not new at all. It’s just been our rule.”

What the article failed to mention was that later in the set Prince joined Stevie on stage for a song, as did Tony Bennett. Too bad no pictures were taken of those moments!
There are many more examples of this craziness. It seems that the first three songs, which used to be a huge problem, is now a luxury!
Last summer, I asked for photo access to Taylor Swift, at a free city sponsored concert in downtown Chicago. I was told that that was no problem, although the restrictions would probably keep me from bothering. When I asked what they were, I was told that I could shoot the first 30 seconds of the show. If that wasn’t bad enough, I would have to shoot those 30 seconds from the sound board, about 50 yards away. Luckily, there was a good football game on television that afternoon, that could much better occupy my time! (Beyonce also has that 30 seconds from the soundboard rule!)

Things start to change!!! Because of the crowded state of the photo pit and the many amateurs and/or semi-professionals shooting there, changes began to appear. The most significant change was the idea that after the first three songs, all photographers had to leave. A few bands started doing that to stem the tide of photographers shooting off flashes in their faces throughout the entire show. That was one reason. The second reason was this: MTV. When MTV came along, everyone looked perfect for their 3 minute video. If someone photographed the entire show, actual sweat would appear on the artists faces (and their hair wouldn’t stay perfect). Never mind that all photographers were now missing the best part of the show! Remember, when a band writes out a set list. This started as a gradual thing, one or two bands tried it, and it soon became the industry norm, resulting in venue security at most venues kicking everyone out after three songs, whether the band wanted it to happen or not.
In the spring of 1994, a Chicago band called Jesus Lizard came over to my house for a photo shoot for the cover of Magnet magazine. After the shoot, with the bonus of free beer, the band and I sat around talking. In the course of the conversation, David Yow, the singer jumped up and said “You are a concert photographer- tell me why every night just at the point that our show is getting really exciting, all the photographers pack up and leave?” I explained what was going on and suggested a solution: The band and their management always have the right to control access to the media. All he had to do was have his road manager meet with the head of venue security before the show and explain that all accredited photographers would be allowed to stay for the whole show! About a month later, the band went out on that years Lallapalooza traveling tour. When the tour hit Chicago, I went to the show. Included with my photo pass was a note that said: “The rules of the tour state that all photographers are allowed to only shoot the first 3 songs of each band. The exception is Jesus Lizard, who has requested that all photographers shoot their entire set.
Final footnote for this week:
When the tour hit New York City, a friend of mine was assigned to photograph for the New York Times. I had told her the Jesus Lizard story, and she arrived early to make sure to shoot their set. During their last song, David dove into the crowd and sang the last song while being carried around the audience on his back. When the Times ran their revue, guess what the lead photo was? Yes, Jesus Lizard.
By the way, Stevie Wonder allows people to photograph the FIRST MINUTE of his show only. I will talk about that next week!

In the late 1970’s, the music business exploded. Musicians became ROCK STARS, and magazines started covering them more closely. These included Rolling Stone, Circus, Hit Parader Teen Beat, and the best of them –CREEM. These magazines had an insatiable need for photographs, and more and more photographers leaped into the fray to supply them with their images. Among them were west coasters Neil Zlozower and Jeffrey Mayer, east coasters Ebet Roberts, Lynn Goldsmith Roberta Bayley and Laura Levine and Midwesterners Bob Alford and Ross Marino and too many more to mention. (And, oh yes, I include myself in the last group). Over in England, Ross Halfin, Michael Putland, Robert Ellis and Jill Furmanovsky, among many others took to the task overseas. When new bands would come along, one or more of us would befriend them and “grow” with them as they became well known. We built up a trust that could only be broken if we sold a “Bad” photograph to a publication. So we didn’t do that!! Publicists were our friends- they knew that if they gave us access, whether it was a photo pass to shoot the whole show or a posed photo shoot, our pictures would make the band look good, and make a two page story into potentially a four page story. It was our job to make the artist look good. It would also help these many magazines put together special photo issues, which would help publicize the band even more.
As the 70’s became the 80’s many more magazines started covering popular music, from People and US Weekly, to Newsweek and Time. The rock magazines, especially Circus, started demanding a certain kind of photography (Circus publisher Gerry Rothberg stated that all photos in his magazine had to be taken with a flash, so that skin tones would be normal.) This opened the door for amateurs who knew very little about photography to soon have the same access as professionals. At times the photo editors of the magazine would obtain a photo pass for a friend, load a roll of film into a camera, set all the settings and tape them into place, and send the friend to a concert with a small lesson in focusing and advancing the film. When the roll of film was finished, the “Photographer” would sit back and enjoy the show. When he brought the camera back to the office, the editor would unload the film, have it processed, and usually end up with three or four usable shots. The added bonus for him was that the “Photographer” didn’t know anything about copyright or ownership. So the magazine would have three or four photos that they could use many times free of charge. (Circus also had the policy in place to “Buy” one or two rolls from a photographer for $100, which, after processing, would yield many usable photos that could also be used over and over).
Soon, every photo pit became a rugby scrum, especially on the coasts, as more and more people became photographers. Something had to give and the rules had to change.
Next chapter: Restrictions and rules began to appear!!

From the beginning of time, when anything happened in life, the possibility existed that someone was there to document it. From the early cave drawings to digital cameras of today, civilization, including its culture has been documented in various forms. This documentation has been a means of preserving our history and culture for future generations.
In the 20th century, photography became a prime means of documentation. As culture became more interesting to the masses, photographers gravitated to it to document it. It was exciting and interesting (and a lot safer than documenting wars).
In the 1950’s, music photography started to become an acceptable form of journalism, and a group of photographers, most prominent among them Jim Marshall, Henry Diltz and David Gahr, began establishing the standards for the art form. Given unlimited access to musicians from all genres, they started creating bodies of work which will never be equaled. From live concert photography to formal and informal offstage work, they set a standard that is still the mark that any photographer today should strive for.
The most obvious thread that runs through all of their work (and many other photographers’ work of that era) was their unlimited access to the subject. All of them were allowed to shoot anything they needed to shoot, from whatever vantage point they deemed necessary. They all have told stories about inviting major stars to their houses for informal photo shoots, or going to the stars’ houses. They roamed the backstage areas of venues they were working in with total access. Their work was a collaboration with the artist, as they both realized that what the photographer was doing was helping the artist.
Some of the most striking images of that era were taken by these photographers, and many others like them on both sides of the Atlantic.
To better understand these years, please check out the Morrison Hotel Gallery, which was founded by Henry Diltz and a few partners to display the work of the best of the best from that era onward.
Next chapter: The 1970’s and 1980’s- Things start to change.