The Irish Times blasts Taylor Swift’s demands over image use
An Irish newspaper has refused to publish photographs of singer Taylor Swift from a recent performance in Dublin because of her allegedly strict limitations on image use.
In a post on its website, The Irish Times said that although contract demands regarding images had become common in the music industry, Swift’s contract included “onerous restrictions”.
Restrictions on publishing photographs apparently include a “one-time-only” use limit, which elapses at the end of 2015, and a requirement for written consent from Swift and her agent for any other use of a photo.
“Swift reserves the ‘perpetual, worldwide’ right to use the photographs for publicity and promotion,” added the post, published the day after Swift’s performance in Dublin.
The US-born singer performed at the city’s 3Arena on Monday, June 29.
Photographers covering the singer’s shows are required to sign contracts that outline restrictions on what they can do with pictures of the pop star on stage, the newspaper said.
Brenda Fitzsimons, the newspaper’s deputy editor, said: “The terms and conditions of the contract are exceedingly restrictive and just not feasible for a working newspaper and website.”
The newspaper refused to publish any photographs of Swift from the concert.
Gerard Kelly, partner at law firm Mason Hayes & Curran in Dublin, told WIPR that a photographer taking a photograph at a concert would not fall foul of image rights, particularly as the photographs are not being used in an endorsement context but to report on an event.
He added that it is also “well established” that a concert, like a sporting event, would not be protected by copyright.
“However, despite these difficulties the law recognises that it is open to artists/concert promoters and/or venues to restrict the dissemination of photographs of an event. This restriction on journalists is just an example of that modus operandi in action but clearly one which seems to be pushing the boundaries on what may be acceptable to the industry."
He added: “Put simply, Taylor Swift is entitled to put in place such restrictions but equally if they go too far then it runs the risk that the media may simply say ‘not interested’. It’s hard to know who really loses out in such a situation.”
The debate over the contract comes just days after Swift publicly criticised technology company Apple over its royalty policy. Following the criticism, Apple performed a U-turn last week on its decision not to pay royalties to artists during a three-month trial period for its streaming service Apple Music.
Photographer Jason Sheldon also waded in with his own opinion.
In an open letter published on PetaPixel, he said: “With all due respect to you too Taylor, you can do the right thing and change your photo policy. Photographers don’t ask for your music for free. Please don’t ask us to provide you with your marketing material for free.”
Taylor Swift could not be reached for comment.
