Post # 1
We had our engagement shoot last Saturday. It was so much fun and I can’t wait to get the photos back today!
I like the idea of being blogged but my fiance is a very private person and doesn’t like his face being online. He asked me to ask our photographer not to blog our engagement shoot. Should I ask?
I thought the photos were the property of the photographer and they can do with them as they please. Is this right?
(He has written in the contract that he will provide us with a disc of edited photos and we can distribute however we like though).
I don’t know what to do…if I ask and he says no…will it damage our vendor relationship with him?!
Post # 3
No if you pay for them and do not sign a release they can’t post them publicly. So be sure to express that they do not have permission to distribute them and make sure theres no clause in your contract that says they can and youll be fine
Post # 4
It depends on the contract you sign. My photographer releases the photos to me, copyright free, under the understanding that she can use them for advertising or post them whereever she’d like.
Read your contract if you’ve signed one. You may be tied into something like that already unless you break the contract.
Post # 5
Yeah, I think check the contract and, more to the point, discuss it with your photographer. Photographers are people too, and if you explain your situation, they will usually do their best to work around you. Photographers don’t necessarily blog photos from every wedding they attend, and this photographer might end up blogging just photos of you and wedding guests, leaving your fiance/husband out of the public photos.
Post # 6
Thanks ladies 🙂
It says “the photographer and the client retains the copyright to the images unless otherwise discussed” in the contract.
I’m guessing this means both parties can do whatever they like with the photos?
Post # 7
that does sound like it means they can. Go back and express that this wasn’t explained explicity so that if there is some change in price you will pay it but you do not want the images distributed by the photographer.
Many states allow for breach of contract if you can prove you weren’t explained the meaning of it by the initiator. They do this because many are illiterate or don’t read at the level contracts are written at so they wont be fooled into signing things.
Post # 8
@mailingis: I’d say so yes. Unless there’s some sort of “mutual agreement” type clause. I think know a photographer who does something like that, where both parties have to agree to the publication.
Post # 9
I would say that they have a similar contract to mine — they don’t copyright the photos, so you can literally do whatever you’d like with them. But, that means they can do the exact same, which I would assume would include blogging and marketing.
Post # 10
The law in the UK is going to be different than US but generally speaking most photographers include a release clause giving them the right to use your images for promotional materials. We have to have this or we would never have any work to show prospective clients. I don’t know what it means that you both hold copyright – that’s not really possible in the US and sounds like a poorly written contract. You should be looking for any language that discusses a model release or what the photographer can and can’t do with your likeness. Some photographers will be fine with agreeing not to blog you if they have a solid portfolio and lots of experience but for most it’s too risky to agree to not use your images because it puts them in a tough spot if say they take the best photos they’ve ever taken at your e shoot or wedding and cant use them. It’s our bread and butter.
Post # 11
You should ask the photographer I’m sure he won’t mind. My Fi is the same doesn’t any pictures put online although we probably won’t be able to stop guest from doing that.
His family knows him well so I think they will be discrete also.
We bought the right to our photos. We always brought this up, most photographers didn’t have an issue not posting it online, or on their blog, if they could still possibly use it for their portfolio. It was expensive but in th end worth it for us.
Post # 12
Photographers own the photos. Sometimes if they ask, they’ll put the more artsy photos up without the face being shown and/or they won’t use real names.
Post # 13
There is a “model release” in 99% of photographer’s contracts, which allows them to use the photos for their self promotion. If you have already signed the contract with the model release included, if you ask them now not to blog your images you may be charged with a fee for foregoing the model release. Usually the fee is VERY high, because photographers really want to ensure they can show their favorite work for their promotion and fresh material for their blog keeps business afloat. I hate to say it, but SOME less established photographers value the photos even more than that, and will go beyond charging … not to scare you, but if you have one of those newbies and you are insistent enough, they could consider it breach of contract and drop you as a client without refunding the deposit.
For me, adding a moderate fee in agreement to accommodate this request is a way of separating the people who just kind of would prefer to not have their photos posted and those who really feel strongly about not having them posted for whatever reason. If the clients are willing to pay an extra $500 to remove that clause from the contract, they must REALLY not want them posted and are not just being fickle. I can definitely respect that, but I still need some compensation for losing the promotional rights to the photos.
Post # 14
I agree with @LBPhotography It’s a digital world – that’s how photographers get their business these days. People out there want to see new work posted on blogs. To see tha the photographer is indeed active and working.
Post # 15
We had the same situation (my husband and I both are in careers where it’s not a good idea to have our photos out there for the world to see)… I asked my photographer to build it into the contract that he wouldn’t retain the rights to use our photos any way he wanted, he would need permission. He was a little upset – after all, he does need to use his photos as advertisement. But, he does tons of engagements and weddings, not blogging one wouldn’t be the end of the world. Anyway, he ended up agreeing.
I feel like if I am paying someone upwards of 6 grand to take photos of me, those photos should belong to me. If he wants to have rights to my photos, he can go ahead and do it for free.
Post # 16
Like others have said, you can opt to not sign the model release, however, you’ll definitely want to check with your photographer about potential fees associated with it. By saying no to blog, you’re pretty much also saying no to their facbeook, website, print ads, etc. Once we relinquish copyright, the images are no longer ours to use for marketing/promotion or on the blogs/website. Our ability to promote our businesses really depends on showcasing our work. Once we give up copyright and we no longer own the images, we can’t showcase them, which prevents us from being able to show them to couples interested in hiring us. No promotion = lost revenue.