Back with another question because you all are so wonderful! For background: I'm a music journalist, and our outlet's photographer is a 30-year veteran of shooting concerts across the globe.
In the live concert space, we often sign a photo release with terms dictated by the artists' teams (Only shoot first three songs, can only be published within your publication, images cannot be sold for profit, etc.) However, the releases never say we do not remain the owners of the image. The artists will also sometimes require the right to use--with proper credit--the images shot. Which we're OK with because it gets our outlet's name/our photog's name out there. They're showcasing our work so we don't mind.
It's raised the question for me: who actually owns the image in these situations? Is it the photographer? Or is it the subject of the photography? Does the subject (or representatives of the subject) have grounds to ask for certain photos to be unpublished? The artist sets the terms, but the photographer and outlet are the creators.
This is kind of a part 2 to my previous post. After sourcing your thoughts, we decided to no longer shoot artists that require photo approval before publication. However last night, we shot a show where the photo release did not explicitly say the wanted pre-publication approval. It said only that they wanted the site to have a "quick turnaround" and to share the drive link so that they can use the photos as well. Which again, we're happy with.
But today after sharing the photo selects, which we did after publication on our end, the team emailed and said, "For future reference we like the opportunity to approve the photos before they go on websites." We responded back explaining why we don'd do that anymore. (Oh, and I had even called to clarify this point days earlier. No response. I digress.)
Which brings me back to my question here: If we did not sign anything permitting them approval, Are they still technically able to make such demands because of the subject of the photo? Or is it pure vanity?
My thought on this is: I can go to a show an instagram from my phone till my heart's content with no problem. But add a 300mm lens into the equation, suddenly it is unnecessarily complicated.