Ownership and Licensing of Photographic and Video Material from Music Festivals.

There is often a vast amount of photographic and video material generated during a music festival by a range of individuals. The ownership, licensing and use of this material can be influenced by a multitude of factors. What steps can festival organisers take to protect their owned material yet maximise engagement with a wider audience at the same time.

The ownership, licensing and use of material is generally governed by intellectual property and copyright laws along with specific contracts and agreements made with the festival owners. Although similar there may be differences of these laws depending on the jurisdiction and location that a festival takes place. A full understanding of what is and is not allowed regarding photographic and video material should be clearly communicated to all those involved in generating them. What are the key considerations for festival organisers when creating policies, contracts and agreements related to photograph or video creation and usage. 

Ownership. 
In most cases it is the creator of any material that owns the copyright for anything created and can apply to anyone attending a music festival. However, festival organisers should ensure that they create contracts and agreements with freelancers and hired contractors so that copyright is transferred to the festival entity. Organisers often hire professional photographers and film makers to capture their events, and it is therefore essential that these hired contractors sign the necessary agreements or contracts prior to the festival dates. Wider agreements can be created for festival-goers and usually form part of the terms and conditions of ticket sale and attendance. Including a clause about the creation and use of material is normal practice for most organisers at the ticket sale stage. These conditions are also re-emphasised on a festival site with appropriate warning signage. 

Licensing, Copyright and Usage. 
This can be a complex area regarding material usage and can depend on a variety of factors. Any photographs and video footage will usually be accompanied by licensing status. Usage may be allowed if it is being used for non-commercial purposes as long as the creator is credited but potential use for commercial purposes will require contact with the owners to discuss licensing arrangements. Where copyrighted material is used without payment or permission there could be an infringement, and the unauthorised user may be subject to a legal claim for financial compensation. Where news media organisations are using copyrighted material in editorial pieces about a festival they will need to gain permission from the material owners. In most cases festival organisers will allow usage without charge if the editorial piece provides them with good PR coverage. 

Festival-goer Generated Content. 
Festival-goers should always follow the guidelines stipulated in the terms and conditions of ticket sale which exists to prevent live streaming or recording of artist's performances for commercial gain. Breaching these may lead to ejection from the festival site and staff are usually briefed to police such behaviour. Material used to share on social media platforms amongst friends however is perfectly acceptable and provides great coverage of the event for organisers increasing engagement and online activity.

Artist Considerations. 
Many performance artists have very strict rules regarding photographic and video material as they want to control and protect their own brand. Whilst many festival organisers prefer to use a standard contract or agreement when confirming an artist some may have additional requirements regarding any material generated during the festival. When a media organisation or other third party wishes to use material that contains images and footage of an artist, they may have to obtain permission from both the festival organisers and the artist prior to use. 

For festival organisers planning their next events using a software management platform like Festival Pro gives them all the functionality they need manage every aspect of their event logistics. The guys who are responsible for this software have been in the front line of event management for many years and the features are built from that experience and are performance artists themselves. The Festival Pro platform is easy to use and has comprehensive features with specific modules for managing artists, contractors, venues/stages, vendors, volunteers, sponsors, guestlists, ticketing, cashless payments and contactless ordering.

Image by jwvein via Pixabay

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