MicrostockGroup

I shot Simple Minds concert in Belgrade few days ago. I am a  newspaper photographer. Is it allowed to put these pictures at Alamy, for editorial usage, of course?
Thanks!

I know, for instance, that photos of the Thunderbirds (air force flying team) are not allowed to be sold under any circumstances, editorial or not, so a similar rule might apply to rock concerts.

I'm not exactly sure who you should contact to find out for certain. I suppose their agent, but then you know what the answer will be there. Everything is copyrighted nowadays and needs a release. Sorry to be negative but that's just about the truth.

I would think you can, considering there are other editorial photos on Alamy of the Simple Minds.

To qualify my statement...I should add without permission from the Thunderbirds. No, I don't think it's a 1st amendment violation, any more so than not being able to photograph and sell commercially half of the buildings in New York, etc. etc. Personally, I think it's all kind of bogus, but whatever. One can take all the photos they want (I sure did when I went to the last airshow), but I cannot sell them commercially without a release. I was also told that they cannot be used for editorial, without a release.

Maybe I was not clear in the point I was bringing in terms of editorial and press. ie: television crews and press photographers for news papers. If an event happens, I am sure the press are going to cover it in terms of the so-called newsworthiness. I don't think they are going to run to the Pentagon or National Defense for a release.

Otherwise, it will get to a point that any newsworthy event would require a release. No???

A.

So you have to have a special veto from Rupert Murdoch to be qualified as "press" these days? The whole point of editorial photography is that sometimes you take photos of things that you may not want vetoed by any government or any company. You don't need releases or a press pass for editorial photography.

All I hear from people in the US these days is assertions about copyright & trademarks. Most of those claiming these things actually have no clue as to what the law is. Quite frequently even governments get it wrong. Using what microstock agencies accept as a basis for what you can and can't do is even more misleading. 

In most places as long as you're in a public place you can photograph and publish whatever you like. As soon as that changes you'll find you're no longer living in a democracy that values freedom of speech.

This subject is much too complex with way too many variables for a simple answer.

http://news.yahoo.com/s/ap/us_abuse_photos

There are a number of issues here:

1. The US stopped publication of those photos in the US. The US does not own the whole world or even the internet. So those photos can still be used if you owned the copyright.

2. The distinction between releasing photos of events is whether it is on public or private property. A street march is public property, and anyone and anything in that domain is fair play for editorial. (except of course copyrighted things like coke cans.

3. Press passes or (more accurately) media accreditation is not limited to press agencies. You will see Shutterstock advertise they will help you gain accreditation if you wish.

4. Back to the Iraq/Afghanistan thing. If you are in either of those countries the USA has no say in what you do and who you photograph, and who buys your stuff.

"I shot Simple Minds concert in Belgrade few days ago. I am a  newspaper photographer. Is it allowed to put these pictures at Alamy, for editorial usage, of course?
Thanks!"

I'd get them straight up there - Simple Minds would be glad of any publicity! If you restrict their use to editorial, it will be fine - (in my humble experience).

I was with an agency who photographed a play once with Hutch out of the US show Starsky and Hutch in it. Not a lot of interest in the play, but as a head shot of a celeb it still sold as stock.

Anyway, time passed, and a very irate Mr. Hutch rang up asking why we were selling his pic and it was online for sale at our web site. Despite the oddness of a converation with a celebrity, we stuck to our guns, we hadn't actually signed anything or agreed to any condition - we were the press doing our job.

He backed down - case solved. Chances of being sued by Simple Minds are as little as them having a number one at Christmas.

Oldhand

I agree about the complexity. The answer to the OPs question might be a simple yes, he can post to Alamy and sell as editorial. I was merely trying to make the point about complexity also. The answer to the OPs question may have been a no...depending on a lot of other issues that factor in affecting editorial photos, whether those issues are legal or not.

Did the photographer standing on the street taking a picture of a bridge legally deserve to get hassled by the police for taking that picture? No, but he got hassled anyway. If he stood his ground and was willing to go to jail to get the shot, then good on him. Some people may not want the hassle just for the opportunity to earn $1.00 off their microstock editorial photo. We're not talking National Geographic stuff here, people. It's called picking your battles.


That is absolutely correct. You can photograph whatever you like. But the photographer likely has no control over what gets published, legally right or wrong.


Here again, it all goes back to the public vs. private matter. If someone photographed those detainees on military property, and the military says they can't be published, I'm pretty sure that legally they can be stopped from being published anywhere. I'm pretty sure that just because military property is government property, and the people of the US are the government, doesn't mean that military property is public property.

But hey, most of those claiming these things actually have no clue as to what the law is. Quite frequently even governments get it wrong. (As stated earlier in the thread, by Holgs). I'm one of those people with no clue and apparently our government has no clue.

Just to let you know ( and thanks for all your replies), I contacted Alamy and they think it is fine to put these pictures for editorial use in their collection.
Stormchaser, you are right. No cloning is allowed in news pictures. After some bad experience, Reuters limits their photographers just to plain levels, curves and brightness/contrast. No cloning, vignetting, selections or anything.