Problems with photographer using our pics advice

posted 2 years ago in Photos/Videos
Post # 2
Member
223 posts
Helper bee
  • Wedding: May 2014

My husband worked for the  government and is a private person in general. He didn’t want his pictures public either. The photographer didn’t mind. He actually wrote it in the contract for us. He was allowed to use photos of me and the venue for advertising use, but just not my husband. I’m sure they’ll be find with it. 

Post # 3
Member
1190 posts
Bumble bee

babykoala:  specify this in your written contract with your photographer, and then you will be covered by law that they can’t use these images for advertising purposes, and that they cannot post them on the internet. Your written contract is what will uphold in court on the 1% chance there would be a breach in contract. The photographer needs to sign it, as well as you, and then copies need to be kept. Hope this helps!

Post # 4
Member
7410 posts
Busy Beekeeper

I am pretty sure the photographer will work with you if you politely raise your concerns especially given the main one is a religious concern.

Just make sure that there is something in your contract about it.

I would also check out the legislation where you are. In some places wedding photography is classed as commerical (copyright is held by the photographer) and in others as domestic (copyright is held by the contractor so the couple) or a variation of that (wording can differ depending on where you are).

 

Post # 5
Member
1072 posts
Bumble bee
  • Wedding: July 2014

babykoala:  This is something of a grey area and can depend on where you live. Without a contract, standardly speaking a photographer will hold the copyright and as such, they can use the image for their own portfolio or in editorial work without the permisson of the subject (assuming it is not taken somewhere where the subject would normally expect privacy, such as them getting changed). However if that image is explicitly advertising a product, that falls under a diferent area and you would usually have to sign a model release.

However since you are going to be signing a contract, what goes in that contract is what is legally binding. That means that you will need to be upfront and confirm beforehand that you do not want your pictures posted in public – not on their blog, instagram, to be used in their portfolio, competitions, etc. Be aware that some photographers may charge you an extra fee for this, since you are essentially denying them the chance to use their copyrighted images for their own benefit down the track. Make sure the contract reflects your wishes before signing it.

Post # 6
Member
1315 posts
Bumble bee
  • Wedding: May 2006

^ what they said. At best a photographer under normal circumstances may want to feature your wedding on their blog or use a handful of the images taken for their portfolio (and there is no guarantee that they even will, it’s just a possibility). If those images wind up on their website, there usually is very little searchable content that would link the images to you that anyone could actually find. And even if someone did find them, the photos a professional takes are almost always nicer and more flattering than the photos your guests will take and tag you in on social media. But let’s say you do get your photographer to agree to not post either certain photos or all of the photos from your event, how will you get your wedding guests to not post any?

Post # 7
Member
1762 posts
Buzzing bee
  • Wedding: October 2014

I would talk to your photographer and get something put into your contract.  We had a clause put in our contract that they would put no identifying photos up online.  They can use detail shots, just not people shots.

Post # 8
Member
2419 posts
Buzzing bee
  • Wedding: May 2013

Draw up your contract with great care. Also, expect that you may pay a premium since the majority of photographers use their work for promotional purposes. However,  while it is fairly easy to specify what your professional photographer can do, I’d also be asking how you can guarantee that none of your guests put images on social media/the internet. That’s how the majority of pictures end up all over the internet and it can be very difficult to control. 

Post # 9
Member
995 posts
Busy bee
  • Wedding: September 2009

babykoala:  as pps have mentioned, some photographers will charge a premium for denying them the use of the photos. Lost marketing = lost revenue for them so they will want to be compensated. The other thing that has me concerned is that you are looking at “up and comers,” because those people in particular put a high priority on portfolio building, while the more established photographers might be more likely to let it slide. As for your reasons, I totally respect the religious reason for you, but my hubby works for the federal govt. too with top level security and neither him or his employers had a problem with photos of him being posted online, so while yours sounds legit (but only for getting ready) your hubby’s sounds more like an excuse. It’s not like the photos are going to be labeled with his first name and job title attached. Usually its first name only and I would be sure to mention that’s your presence with the photographer if you ultimately decide you are ok with them posting.

Post # 10
Member
361 posts
Helper bee
  • Wedding: December 2013

babykoala:  We changed our contract to reflect this same thing.  She did not do it — we had to, so I used white-out and typed/wrote in our revisions.  Then we initialed it, photocopied it, and gave it back.  She didn’t have a problem with it, which is a good thing — we would not have hired her if she had not accepted those changes!

Post # 12
Member
995 posts
Busy bee
  • Wedding: September 2009

babykoala:  for the record, I’d be okay with using fake names and not including any photos without your head dress on for no extra charge. Beyond that, I’d just charge extra to not use any identifying images.

Post # 13
Member
101 posts
Blushing bee

PassionatePhotoLady:  Charge extra? What a joke! I don’t get this. If I hire you to take photos, you do not suddenly own my face. And the fact that to ‘give me back’ my face I have to pay you more? What nonsense …. …. !!  

Post # 15
Member
2419 posts
Buzzing bee
  • Wedding: May 2013

Unless formally assigned your photographer owns the copyright to any image that they create. You can ask for formal assignment of that copyright but very few professional photographers will be prepared to agree to this arrangement and if they do, it will also attract a premium.

Photographers need to use examples of their work in order to generate more work. If you read any post AT ALL on here about choosing a photographer you will see that the first piece of advice given is to look at that photographer’s work and ask to see coverage from several weddings. None of this would, of course, be possible if every couple refused to allow their pictures to feature in a photographer’s portfolio. Which is why if you deny a photographer that opportunity you can expect them to charge extra. 

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