« on: September 13, 2014, 12:26:46 PM »
First, I'm not a lawyer, and you shouldn't take legal advice from some guy on the Internet.
Always good advice.
Copyright is not the issue here. Rather it is appropriation. Will the band be identifiable in the pictures? The production company that hired you wants to show what they can do, but there is a strong implication that the band, if visible or recognizable, is endorsing their services.
They are using the band for commercial purposes and if there is no contract, payment or agreement, they are appropriating the good name or reputation of the band as an endorsement of their product. If they don't have the permission of the band (in writing) to do so, they can be sued.
People often confuse right to privacy (there really isn't one in public places), copyright (which protects the author of a creative work), and appropriation (which is the use of someone's name, image or reputation to endorse a product).
The third involves financial gain. If the company uses the band's image, reputation, etc., to gain business, the band has a right to a share of the revenues the production company receives.
(A minor clarification. It's not that famous people have any more rights than non-famous people. It's just that their names and reputations have more financial value. Steal my name for an endorsement, I can only sue you for the value of my name -- which won't be much. Steal a famous person's name for an endorsement and they can sue you for the value of their name -- which could be in the millions.)