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Spinoff: Getting the rights to your photos...

posted 5 months ago in Photography
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    My photographer put in the contract that I will have the rights to my photos when I pay her. All photos- edited and unedited. I asked her if I could edit some or even change some she edits in case of the dreaded double chin or closed eyes. She said I can edit them to my desires. I was just reading another post where they said this is not okay... Is this photographer going to turn around and say I'm doing something wrong?

    I don't want an argument I am just curious and kind of nervous now... 

     
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    MsPanda    August 17, 2013   Oregon

    @HappilyEverAfter54: My photographer is doing the same thing so I hope not...

     
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    csperry2    October 6, 2012   Marietta, GA

    @HappilyEverAfter54: just make sure you get it all included in the contract and you won't have any problems :)

     
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    atomic    October 2013   Atlanta

    If the specific photographer has given you permission to edit, then it is okay to edit. But yes definitely get it in writing that they said its okay, in case they change their mind later. I would also inquire what their policy is on posting the edited images online, and get that in writing as well. 

    My point on the other post is basically not to assume (not all photographers are keen on others editing their work - esp. if the person doesn't real know how to). If you are open with your photographer about your intentions and have the capabilities to edit the things you want edited, and they are okay with it, then go for it. Its just a general no-no, not an absolute "do not ever do this" sort of thing; Just get the proper permissions and its all good.

     
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    USER876      

    This is not common.  I wonder if these are new photographer's to the industry that have not learned (the hard way) of risks of doing this.

     
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    Miss OBG    May 2011  

    Haha my photographer gave me CDs of all the images after the wedding, and I cropped a couple to frame, as well as retouching a giant bug bite in one.  It wasn't until I started reading these boards until I questioned myself, and so I emailed him to check that that was okay.  He laughed and said of course.  I only met my photographer through the wedding, but we've run into each other several times since, commented on facebook pics, etc.  His deal seems to be that I can't sell his pics or pass them off as my own, and if others want to buy copies he'd prefer I direct them to his site rather than giving them the files he gave me.  Obviously this is a different situation than a lot of big-time photographers, but I would suggest common sense and just shoot an email if you're not sure.

     
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    SugerPlum    April 7, 2012   Orange County, CA

    I would love for a PRO to weigh in on this. I don't understand what the big deal is. If you pay a photographer to take photos and then you are given the disk with all photos, edited and unedited, they're yours. Some bees have taken the extra precaution of adding it into their contract that they own the rights to their photos. But the way I see it is you've paid the photographer for their service and they've given you the end result. I see Miss OBG's point about not selling the photos or passing them off as your own, etc, that makes sense and I don't think 99% of us brides are thinking of selling them off anyways. However, if I want to crop someone out, remove my double chin, put them on my personal blog, or chop them up into a collage, I feel that would be my own business. I would as a courtesy, give the photog credit and then say "edited by me" or whatever. 

    More and more now it's common to just buy the disk with all your photos on them and print them yourself - plenty of posts have been created on that subject. In this day and age, I really don't think that photogs are in the business of profiting from printing as they may have been in the past. Certainly they deserve to get paid fairly, but as a bride who's paying fairly for a service, I expect I can do what I want with my photos. 

     

     
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    She said I can edit them, put them online, print them out (but not remove her watermark) do anything I want with them  I just cannot sell them or take off her signature and she can still use them on her site... she isn't a new photographer she actually has a large business so it would seem everything is legit! Thanks for everyone who posted! =)

     
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    zippylef    October 30, 2010   Norfolk, UK

    My photogs gave me complete rights to my photos too, and I can assure everyone that they are not new to the business. They just told me I can't sell them too!

    I wouldn't worry as long as you have it in writing. :)

     
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    @zippylef: Okay awesome... I was getting really worried after reading the other post. I would have probably found a friendor instead and edited them all 100% myself then... lol

     
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    zippylef    October 30, 2010   Norfolk, UK

    @HappilyEverAfter54: I think that different photographers just choose to run their businesses differently. It doesn't mean that either way is right or wrong or less legit than the other. I have a full-on letter from my photogs saying that I have the right to edit and reproduce the photos as I see fit as long as I am not profiting from it.

     
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    @zippylef: Yeah theres something like that written in my contract. =)

     
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    Leahhh    September 14, 2013   Tacoma, WA

    @SugerPlum: Honestly, I agree with you. I was shocked at the controversy over all this!

     
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    @Leahhh: me too actually- I just want to make sure I'm not doing something to cheat this photographer when she's going above and beyond to give me a great day and great deal. I thought editing them was okay until I came here... as someone who also takes photos for people I don't mind if they want to edit them... 

     
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    USER876      

    If you have full copyright, you would own the images and could do anything you want with them, including sell.  Atomic put together some nice (and completely accurate) posts on this in the other thread but it was deleted...oh well.

    A photographer typically gives you print or usage rights.  There are many reasons why a photographer woudn't give away the copyrights to their images.

    By law, the creator of an image (the photographer) owns the image and holds exclusive copyright.

    They rights can only be transfered via contract

    If a photographer gave a client full copyright, they have no rights to the images and would not be able to post them on a business blog or add them to a portfolio.  This is counter productive for a business.  Also, the end user could do anything they wanted with them including sell them or perform a sloppy edit on them, which, if posted pubically, could have a negative impact on the photographer.  It goes much deeper, but you get the idea.

     

     

     
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    @USER876: so my photographer is giving me partial rights?

     
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    USER876      

    @HappilyEverAfter54:   Sounds like it, which is typically....a usage agreement with what you CAN and CAN'T do.  Some photographers demand people only display watermarked website images on the web, the agreement can have anything in it.  Seriously though, what more do you really need than print rights?  You are going to look at them online, share with friends, and maybe make a few prints or an album....what more do you really need?

     
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    @USER876: rights to edit them. which she said was fine. I have some body image issues where I shall remove double chins and pinched up arm fat if by chance they get snapped in a photo and then I can't use it... it's only for ones I really want to use but can't because of those things.

     
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    USER876      

    @HappilyEverAfter54: Sounds like you are fine then.  Typically photographers include additinoal retouching on any ordered products, prints, or images selected for albums.  This is a perk and incentive to order items through your photographer.  If you can do this yourself and your photographer doesn't mind, then that is great for you.

     
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    continuumphotography    May 13, 2006   San Diego, LA, Southern CA, & everywhere else!

    @SugerPlum: In the eyes of intellectual property laws you are wrong.  The second a photo is taken, the photographer owns the copyright to that photo.  Most wedding photographers have a fairly similar approach in their contracts, spelling out that copyright is retained by the photographer but the client has certain image usage rights.  Few photographers are going to get upset with you making a crop to a photo, or posting it to a blog unless they aren't credited.  Copyright can become an issue when a client edits a photo in a style in which the photographer does not wish their work to be represented, and posts it in a public space.  If a client of ours gets their disc and crops photos, or runs rainbows through them in photoshop for their own personal use (i.e. it never sees the light of day on the internet) we're not going to care.  And really people should hire a photographer whose editing style matches their vision, where they don't feel like they need to change it themselves.  Or if you really have a background in photo editing, negotiate it with your photographer before hand.  Ultimately unless your aim is to sell your wedding photos for profit, you don't need to own the copyright to them.

     
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    CallmeC    October 5, 2013   South

    What the big deal is that a picture is a photgrapher's reputation. I would never in a MILLION years give someone else editing right's to my work. No way, no how. Why? Let's say I did, you take the disk and edit some then on Facebook they go. Now anyone seeing that picture is going to assume that is my work, even if you were to put below every picture ( Oh btw I edited this) I have never heard of a photgrapher releasing their work to be edited by anyone else. I would be furious if I ever saw my pictures edited by a client. 

     
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    HappilyEverAfter54    June 23, 2012   Central Pennsylvania

    I don't think I'd be able to hire someone who wouldn't allow me to edit something small so I could use the picture. It would be pointless to pay $800 and only like or be able to use 10 photos. I guess were all different but if I'm paying this huge sum and most of the photos are unedited- I want to be able to fix them and use them. Now if I had $3000 to spend on photography I'd find someone who could edit them all and make me look like a doll but I have a tiny budget and photographers are expensive.

     
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    BunnyBrideToBe    December 3, 2011   Boston, MA

    We got full copyright on all images and a DVD with all the images, to do with what we will.  He doesn't sell prints anyway, he just sells his skill as a (truly wonderful) photographer and his edits are fabulous so it's not like I'd try to alter anything anyway...though I could if I wanted, I suppose.

    This was standard in his agreement and I am so glad it was! It's great not to worry about asking before I post something on Facebook or having to worry about creating my own photobooks.  I can pretty much do as I like--yay!

     

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