Post # 1
<span style=”font-size: 9pt; font-family: Arial”>Odds are slim but crazier things have happened… <p class=”MsoNormal”><span style=”font-size: 9pt; font-family: Arial”>I’ve done some research and have read 2 photographers’ contracts that state that as the photographer, they own the copyright to their images. The one I’m considering has a clause for “permitted use,” which says that the client (me) will have limited copyright ownership, provided that the reprints are for the client’s personal use only. Ok, fine. I understand that they took the pics, they own the rights. But, there is another clause which says that the photographer may display images taken at our wedding as examples of his/her work and for entrance into competition AND that the client must release all claims to profit that may arise from these images. <p class=”MsoNormal”><span style=”font-size: 9pt; font-family: Arial”> It’s that last part that’s not sitting well with me. Now, I realize am not Gisele and my fiancé is not Tom Brady. But I’m not comfortable with the possibility that someone could use a picture of me and make a profit off of it. I’m not talking about defamation suits or maliciousness (like if we actually WERE Gisele and Tom and the photos were sold to US Weekly); nor am I referring to images of landscapes or objects taken from our wedding. Specifically, I don’t want to be used as a model in ads that s/he may run, or contests s/he may enter. At the very least, I would want to grant permission to release or use images of me and/or fiancé. And depending on the circumstance, relinquish or not relinquish any resulting profits.
<p class=”MsoNormal”><span style=”font-size: 9pt; font-family: Arial”>The specific photog we’ve met with seems pretty cool and professional. Is this a reasonable request to make? If so, how do I word it without seeming vain or insane?
Post # 3
It’s normal for photographers to include that clause in their contracts. They want to use the beautiful images from your wedding to increase business, which is understandable. I asked my photographers to include text that stated that before using any pictures to promote themselves or publish, the pictures needed to be approved by me first. It’s a privacy issue for me — I don’t want pictures of my grandma being available to the public unless she says it’s okay. My photographers totally understood and were very amenable to adding it in. After the wedding, I approved a set of photos for them to use however they like, and if they submit them to be published anywhere, they tell me first.
Post # 4
I received all my contracts before I signed anything. And I changed what I didn’t like. They sign the contract too, make sure you get a copy of it!! So where it says that they have exclusive rights, blah blah blah, I changed it to allow me limited rights for personal use. And I DELETED the part that said they could use it in ads (or I added the words CANNOT). A contract is a negotiation. Only sign up if you’re comfortable and if they agree to your terms. You are the client!!
Post # 5
I think it’s perfectly reasonable to talk with your photographer about your concerns and have the contract amended so that the clauses reflect your wishes. I was important for me to have a clause in mine so that not only could I print out the images from my wedding but I could also share them with my friends so that they could print out their own copies. So, we just put that into the contract along with the regular non-commercial use clause.
Post # 6
- Wedding: September 2009 - City Hall
When I had my senior pics taken, my mom specifically made them change their contract so that they couldn’t use my photos in their ads, displays, or competitions. I imagine that you could compromise with a wedding too.