UPDATE 6/23: As Frank Chandler's comment (in the comments section below) suggests, there is a new policy. It's FAR better. See it here.
Here's the official photo policy for the Nateva festival, as sent to us by Jonathan Fine of Elevate Communications.
It's not that bad that the festival specifically bans accredited photographers from taking pictures of illegal activity, including nudity or drug use. We're reasonably sure all the unaccredited photographers with their own cell-phone cameras and handheld digicams will post those on Facebook during the event.
What's bad is this:
1) The festival claims the COPYRIGHT of all images taken by accredited photographers, effectively preventing them from taking their own artistic, professional, creative work and making money off it. (This is an increasingly common trick pulled by groups that want to completely control their image in the media, and have legal recourse if something untoward slips out.)
2) And they demand the right to destroy photographers' intellectual and physical property - in the form of digital memory cards - if they don't like what a photographer is doing.
3) They demand that the photographer be liable, not the festival, if anyone doesn't like anything in any of the photos.
Real nice, folks. I wonder if any photographers will come, or if they'll just sign because you have them over a barrel.
But more than that, I wonder if Nateva's rights grab will extend to demanding that the bands performing music at the festival surrender copyright to their songs? Or if they'll demand to own the words music bloggers and journalists write about the festival...
PHOTO POLICY FOR NATEVA MUSIC AND CAMPING FESTIVAL 2010Date:Photographer:Company:Address:Email:(Hereinafter in referred to as “Photographer”)Dear Photographer,This letter sets forth the term upon which the Photographer has been granted the right to take photographs of certain musical performances and Artists at/of the Nateva Music and Camping Festival.
1. Subject to the terms hereof, including any “off‐limits” criteria established in Artists/Nateva Festivals LLC. sole discretion, Photographer shall have the non‐exclusive right to take photographs of the DIRECT SUPPORT/OPENING BAND of the headlining band as well as the FIRST 3 SONGS of the HEADLINING band each of the four nights of the festival and nothing else. Artist name, name of the festival and/or logo may be embodied in solely in any news publication and/or news services which the photographer is affiliated solely for the purposes of reporting on the festival as a news item.
a. Photographer shall not have the right to use any photographs that involve any illegal activity or that may otherwise be offensive, harmful or derogatory to the Artist, Nateva Festivals LLC. The Nateva Music and Camping Festival and its attendees (e.g. including nudity, drug use, violence, etc.) at the festival/concert without Nateva Festivals LLC and the Artist prior written approval. No other use of the photographs shall be made or authorized by the photographer without Nateva Festivals LLC., or Artists prior written consent in each instance, including, without limitation, on merchandise or as sales of the photographs in digital or physical formats to the public. Photographer will be solely responsible to obtain any third party clearances that may be required.
b. Notwithstanding anything to the contrary contained herein, all photographers must be escorted by an authorized artist and/or festival representative in connection with all photography at the concert. Provided no flash photography is used, photographer may photograph the first 3 songs or the first ten minutes (whichever is longer) of each band performing at Nateva Music and Camping Festival. For the avoidance of doubt, photographers shall not use a flash during any of the artist’s performances.
2. Without limiting the generality of the foregoing:a. Photographer agrees that the photographer will have no right (including, without limitation, copyright), title or interest in or to the material embodied in the photographs or to exhibit and exploit the material embodied in the photographs. The photographer shall have no claim of any kind or nature whatsoever against Artist or Artist’s entities, agents, employees, licensees, successors Nateva Festivals LLC, The Nateva Music and Camping Festival and assigns based on photographer’s exercise of any rights granted herein. Photographer agrees to defend, indemnify, save and hold Artist (and it’s related parties) harmless from all losses, damages and expenses arising out of or connected with any claim by a third party which is inconsistent with any warranty or represented made by photographer in this agreement.
3. As between Artist and Photographer, Photographer shall produce the Photographs at Photographer’s sole cost and expense. Photographer shall not be entitled to receive any compensation of any nature from Artist (or its related parties) in consideration for the rights granted herein.
4. Photographer agrees to be escorted at all times. The Photographer will be to and from the “Pit” area by a festival employee to a secure location for storage of photography equipment. No photography equipment will be allowed in the “PIT” area after the third song or first ten minutes of each band. Nateva Festivals LLC reserves the right to confiscate and destroy any photographs (digital memory cards) without the expressed written consent set by the artists and venue.
Please acknowledge this agreement by signing where indicated below. Please retain a signed original and return a signed original to Nateva Festivals LLC.
AGREED AND ACCEPTED:_______________________________________Photographer (Signature)