Combed20 Posted February 23, 2019 Share Posted February 23, 2019 So last year my band played a local festival which raised money for charity, and we went down really well. The festival is on again this year, but we haven't been asked to play. That's fine with us (I can't stand the woman who organizes it, the charity is for stray animals abroad & the sound man is incompetent) but I have seen the poster and they have used a picture of us from last year as the background! It doesn't list us as one of the bands playing and I don't think they are trying to mislead people - is it silly that this has really gypsy's kissed me off? Quote Link to comment Share on other sites More sharing options...
uk_lefty Posted February 23, 2019 Share Posted February 23, 2019 Same has happened with us. We are on the promo video for a (paid) festival. We were the first band on, got excellent reviews on the festival Facebook page, haven't been asked back. But they use some shots of us including video. It annoys me that they haven't asked us, yet they use video of us... We can't play it anyway but you still want to be asked. Quote Link to comment Share on other sites More sharing options...
Combed20 Posted February 23, 2019 Author Share Posted February 23, 2019 1 minute ago, uk_lefty said: Same has happened with us. We are on the promo video for a (paid) festival. We were the first band on, got excellent reviews on the festival Facebook page, haven't been asked back. But they use some shots of us including video. It annoys me that they haven't asked us, yet they use video of us... We can't play it anyway but you still want to be asked. Exactly. We never signed anything last year, so they don't have the rights to our image. We don't want to play the festival - it's just a point of principle. Quote Link to comment Share on other sites More sharing options...
uk_lefty Posted February 23, 2019 Share Posted February 23, 2019 1 minute ago, Combed20 said: Exactly. We never signed anything last year, so they don't have the rights to our image. We don't want to play the festival - it's just a point of principle. I just worry our fan might buy a ticket for the festival and end up disappointed. 2 Quote Link to comment Share on other sites More sharing options...
darkandrew Posted February 23, 2019 Share Posted February 23, 2019 I assume it's a UK based festival? As I understand it, in the UK you do not own you own image - as peculiar as this may seem. This means that if someone has legitimately taken a photo or video of you then they can use it - in fact the person that took the photo or photo actually does own it, which is why you can't just take one of your professionally taken wedding photos into Jessops and ask them to make you a copy. Even though you have paid for a copy of the photo, and even though you are in the photo, the copyright to the photo belongs to the photographer who took it. 1 Quote Link to comment Share on other sites More sharing options...
Combed20 Posted February 23, 2019 Author Share Posted February 23, 2019 I was tempted to comment on the poster asking what date we were playing, so they'd have to reply saying we weren't - they just used our picture on the poster. But I don't want to get petty - it is a charity event after all. Quote Link to comment Share on other sites More sharing options...
Combed20 Posted February 23, 2019 Author Share Posted February 23, 2019 2 minutes ago, darkandrew said: I assume it's a UK based festival? As I understand it, in the UK you do not own you own image - as peculiar as this may seem. This means that if someone has legitimately taken a photo or video of you then they can use it - in fact the person that took the photo or photo actually does own it, which is why you can't just take one of your professionally taken wedding photos into Jessops and ask them to make you a copy. Even though you have paid for a copy of the photo, and even though you are in the photo, the copyright to the photo belongs to the photographer who took it. They may have the right to the actual picture, but do they have right to use our likeness? I admit I know nothing about this! Quote Link to comment Share on other sites More sharing options...
sprocketflup Posted February 23, 2019 Share Posted February 23, 2019 Where else are they gonna get pics to advertise this years festival? 1 Quote Link to comment Share on other sites More sharing options...
Combed20 Posted February 23, 2019 Author Share Posted February 23, 2019 1 minute ago, sprocketflup said: Where else are they gonna get pics to advertise this years festival? Why use a pic of a band that aren't playing? Quote Link to comment Share on other sites More sharing options...
darkandrew Posted February 23, 2019 Share Posted February 23, 2019 (edited) 7 minutes ago, Combed20 said: They may have the right to the actual picture, but do they have right to use our likeness? I admit I know nothing about this! As far as I know, they do. The only argument that could be used against the use of your image would be that it is misleading people by suggesting that you're playing when you're not - but that's more of an advertising standards type thing rather than an argument over your right to own your likeness or not. Edited February 23, 2019 by darkandrew 1 Quote Link to comment Share on other sites More sharing options...
nikon F Posted February 23, 2019 Share Posted February 23, 2019 4 minutes ago, Combed20 said: They may have the right to the actual picture, but do they have right to use our likeness? I admit I know nothing about this! well if the picture is of your band then its going to look ,,,,,eeerrrrr well like you ,,,,, so the answer is most likely yes they can use " your likeness " 1 Quote Link to comment Share on other sites More sharing options...
Newfoundfreedom Posted February 23, 2019 Share Posted February 23, 2019 14 minutes ago, uk_lefty said: I just worry our fan might buy a ticket for the festival and end up disappointed. Well if you've only got the one you can probably have a whip round and pay him back for the ticket. 2 Quote Link to comment Share on other sites More sharing options...
sprocketflup Posted February 23, 2019 Share Posted February 23, 2019 1 minute ago, Combed20 said: Why use a pic of a band that aren't playing? Coz you played last years festival? Quote Link to comment Share on other sites More sharing options...
sprocketflup Posted February 23, 2019 Share Posted February 23, 2019 I guess they wanted to advertise the festival rather than the bands playing 1 Quote Link to comment Share on other sites More sharing options...
Combed20 Posted February 23, 2019 Author Share Posted February 23, 2019 1 minute ago, sprocketflup said: I guess they wanted to advertise the festival rather than the bands playing The organiser is in several bands, there are bands playing that venue every weekend and several bands from last year are playing again this year. Just annoys me that we weren't asked back and but they don't mind using our pic. Quote Link to comment Share on other sites More sharing options...
sprocketflup Posted February 23, 2019 Share Posted February 23, 2019 Did you have a contract for your appearance last year? You may find a clause in it stating that they are allowed to use your likeness Quote Link to comment Share on other sites More sharing options...
Combed20 Posted February 23, 2019 Author Share Posted February 23, 2019 No contract, and I know it would be pretty to kick up a stink - it's just annoyed me. Quote Link to comment Share on other sites More sharing options...
darkandrew Posted February 23, 2019 Share Posted February 23, 2019 (edited) 12 minutes ago, sprocketflup said: Did you have a contract for your appearance last year? You may find a clause in it stating that they are allowed to use your likeness They may have had a sign or poster up somewhere saying that photography and / or filming were taking place, and your being there implies acceptance of this (most venues, nightclubs, etc have something like this somewhere). Edited February 23, 2019 by darkandrew Quote Link to comment Share on other sites More sharing options...
Islander Posted February 23, 2019 Share Posted February 23, 2019 I'm afraid that the photographer that took the image owns the image and the rights to it and can sell it, license it or use it in any way he or she sees fit. Quote Link to comment Share on other sites More sharing options...
taunton-hobbit Posted February 23, 2019 Share Posted February 23, 2019 Same difference - I have a large pic on the front of my shop showing someone wearing a brand of clothingthat we sell - I get totally bored with explaining to people that the pic is representative of the brand, NOT my shop stock (which is newer & totally different)........... 😎 1 Quote Link to comment Share on other sites More sharing options...
uk_lefty Posted February 23, 2019 Share Posted February 23, 2019 (edited) 28 minutes ago, Newfoundfreedom said: Well if you've only got the one you can probably have a whip round and pay him back for the ticket. Depends. She could recover the cost if she divorces the relevant band member. Edited February 23, 2019 by uk_lefty 2 Quote Link to comment Share on other sites More sharing options...
SICbass Posted February 24, 2019 Share Posted February 24, 2019 Why not just look upon it as some free promo for your band? I understand about etiquette and asking first etc. but, at the end of the day, it’s not doing your band any harm, is it? Quote Link to comment Share on other sites More sharing options...
King Tut Posted February 24, 2019 Share Posted February 24, 2019 (edited) I'd just let it go mate. You seem to have built up a resentment over nothing there, and its poisoning you. Why don't you share their social media advertising, saying that you played at the festival last year and you wish them luck for this year. You get promo, the festival gets promo, the charity gets more money and you get a nice warm feeling that you've done some good in the world. Everyone's a winner baby!! Edited February 24, 2019 by King Tut 8 Quote Link to comment Share on other sites More sharing options...
bozzie Posted February 24, 2019 Share Posted February 24, 2019 Generally speaking the photographer, owns the copyright, however its not always that simple, they may have been made to sign a contract, and the festival may own the copyright, I'm speaking from experience here as I've been reviewing and shooting bands recently in another role, and there have been occasions where Ive had a contract thrust into my hands before i'm allowed into 'the pit'. Sometimes its easiest to walk away as others have suggested, but it may be worth approaching the festival organisers and asking why your pic was chosen as you're not on this years bill, it can go either way but they may have an alternative they can use. Its got to be worth a shout and pointing out you're not on the bill, may just swing it. 1 Quote Link to comment Share on other sites More sharing options...
Stub Mandrel Posted February 24, 2019 Share Posted February 24, 2019 Don't let it eat you. As long as they aren't trying to mis-represent who is appearing at the event, it's perfectly reasonable to use a random picture of the previous year. A festival is a 'public event' and unless there are explicit conditions/rules on who can take photos, the rights will be with the photographer. It's no different from using a picture of runners from last year's Great North Run to promote the 2019 event... Perhaps you should be flattered they found your band the most photogenic. Quote Link to comment Share on other sites More sharing options...
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