Will I be able to exhibit and sell photos of my performace if I haven’t taken the pictures myself?

The photographer will automatically become the owner of the copyright and moral rights in the photographs (which empower the photographer to prevent anyone reproducing and/or editing the photos and/or merchandising them), unless there is a written commission contract between yourself and the photographer.

The photographer will need to give a specific copyright licence to yourself, supplying specific prints/digital files and allowing specific reproduction and merchandising of them; in exchange for a specific fee paid to the photographer for the shoot, and further fees/profit share of the merchandising.

Also, if there are any participants in the performance besides yourself, they will have automatic intellectual property rights that empower them to prevent anyone making an audio and/or visual recording of their performance without their express written consent. These rights therefore require you to negotiate and preferably draft and sign written 'model release' contracts with the participants, which included their specific consent for the recording/shoot, and for any specific merchandising purposes you are planning.