Tag Archives: Summerfest

As a concert photographer, there is growing concern with various artists using a ‘rights grab’ to coerce photographers into giving away their photographs without any compensation.  As such, many photographers are walking away from the gig, sometimes with the backing of their magazine (while others have reportedly lost their job for not covering the story).

Now it seems that festivals are getting into the mix.  This years 2011 Summerfest has a contract that they are enforcing upon all media who are assigned to cover the festival in Milwaukee.  The situation is exacerbated by requiring each photographer to gain clearance through each headliner’s publicist.  Not only do they want to take the copyright to our photos, but they want us to do all the legwork to provide them with our images!

As a final knife in the back, the photographer’s name and, if applicable, gallery are not to be provided on any of the images provided to their respective media outlet.  Apparently they are allowing the writers to be credited with the story but all photos will be courtesy of Summerfest.  If the images are found in the photographer’s personal gallery (or in another magazine) that photographer faces potential litigation and dismissal from future Summerfest shows.

Please spread the word by sharing the link to this article.  Summerfest needs to reverse this decision such that we are able to retain the license to our own work.  Note that Summerfest does not pay for media coverage, the reviews, or the photography at their festival.  They have no right to take the copyright of the images obtained on their festival grounds.

The following is a letter that was sent to Clint Baer, head of Summerfest operations:

Dear Mr. Baer,

I’m presently assigned to cover 2011 Summerfest and the stipulations for this years Media Credentials have me reeling. Lady Gaga attempted a similar “rights grab” and it has been not perceived very well in the photographic or public, thanks to Rolling Stone, community.

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  Access and clearance(s) obtained pursuant to this policy allow you to take photographs and provide video content for your media outlet only. You may not display, donate, sell, transfer, or otherwise convey, any of the photographs or video content. Additionally, you may not claim any copyrights in and to the images. Any breach of this policy will result in the immediate revocation of your credentials and exclusion from future events. Any unauthorized use of trademarks owned by Milwaukee World Festival, Inc., including, but not limited to Summerfest, The Big Gig, The World’s Largest Music Festival, or the Summerfest smile logo, may result in legal action.

As a photographer it is my goal to convey the live experience to the best of my abilities. This is an artistic expression that is unique to myself and whether there are two or two hundred photographers in that pit we are all going to capture a different essence of that performance. As such, stripping us of our copyright to these images is similar to the venue claiming ownership to the band’s live performance.

I ask you to please reconsider the paragraph above and reverse the stipulation that we cannot claim copyright to OUR images. Outside of a few photographers we make very little in our trade. By providing content to as many outlets as possible not only do we stand a better chance of making a living but it also provides additional attention to Summerfest, the artists, their music, and their tour. As hard as I try, I do not see a negative to any of these objectives.

Although Summerfest staff took the letter above into consideration, unfortunately they have held fast to their original media release and will not be revising it this year.  As such, the only move I see is to regretfully bow out of covering Summerfest for 2011.  I see this as a tragedy to:  the fans who enjoy reading the live reviews with photos; the artists and their publicists, who are trying to expose their music to the rest of the planet; the media outlets for whom I represent that are now going to be missing out on additional site activity; and, finally, Summerfest will be losing a very large portion of their outreach as I am not the only photographer who will be walking this year.