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FORUMS Photography Talk by Genre Weddings & Other Family Events Talk
Thread started 08 Jan 2017 (Sunday) 14:35
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Wedding Copyright

 
rpearce12
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Jan 08, 2017 14:35 |  #1

What is the general rule for wedding photogs and copyrights? I am getting married and am reviewing the contract - the photographer will own all photos and will make them available on his website to buy, but will also give my fiancé and me a full-res hard drive with all photos. I don't want to sell the photos, however I do want to be able to give them to anyone and everyone that I choose.

What are your thoughts? Thanks in advance. Apologies if this has been posted - I could not find via search.


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LucasCK
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Jan 09, 2017 03:17 |  #2

Find yourself another photographer :)


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Colin ­ Glover
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Post has been edited 9 months ago by Colin Glover.
Jan 09, 2017 04:40 |  #3

Joint copyright is the norm. However, only the photographer has the right to sell the photographs. Thus, whilst you can do what you want to your hearts content, if a wedding magazine or TV editor wanted to use your photos and pay you, you couldn't. And there's an INFERENCE that if you wanted to give the photos to the mag for free, because the norm is for them to buy the usage rights, you'd still be in breach. As to needing your permission to sell without your consent, there is usually a clause that says you waive all rights for resale to the tog. Like a model release.
As for getting another photographer its generally not necessary. Most togs these days are happy to let you print off your own images. The only ones who aren't are those who make money from individual print sales. Check with your photographer and only if he's going to insist you don't give out images to friends do you look elsewhere. Good togs are hard to find.


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Littlejon ­ Dsgn
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Jan 09, 2017 10:56 |  #4

That sounds pretty close to my contract as well. Just talk to the photographer. I have no problem with my clients giving the photos to mom dad, uncle bob. I do have a problem if they want to give them away or sell them to a magazine or something like that without talking to me first.




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mannetti21
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Jan 09, 2017 13:22 |  #5

rpearce12 wrote in post #18237816 (external link)
What is the general rule for wedding photogs and copyrights? I am getting married and am reviewing the contract - the photographer will own all photos and will make them available on his website to buy, but will also give my fiancé and me a full-res hard drive with all photos. I don't want to sell the photos, however I do want to be able to give them to anyone and everyone that I choose.

What are your thoughts? Thanks in advance. Apologies if this has been posted - I could not find via search.

Sounds pretty standard to me as well. You would have to ask him/her specifically if you are allowed to print pictures for family members to know for sure. However, even if he/she said he would not allow it, how would he/she ever know? :rolleyes: I'm not suggesting you intentionally make plans to violate the contract, but since there really is no way to enforce something like that, most photographers don't limit you.

As mentioned above, selling the images or even giving them for free to some commercial entity is asking for trouble.


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CyberDyneSystems
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Jan 09, 2017 13:46 |  #6

What would be the purpose of a wedding photographer providing high res images on a drive if their position was that you can not make prints from them? Seems contrary.


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mannetti21
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Post has been edited 9 months ago by mannetti21.
Jan 09, 2017 15:45 |  #7

CyberDyneSystems wrote in post #18238991 (external link)
What would be the purpose of a wedding photographer providing high res images on a drive if their position was that you can not make prints from them? Seems contrary.

I think the concern was the client making prints not for themselves, but distributing prints to their friends/family. That would essentially eliminate the number of prints sold. Still, I didn't think any wedding photographers really banked on selling prints to anyone other than the bride/groom.


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98kellrs
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Jan 09, 2017 16:13 |  #8

That sounds fairly normal, you'll have personal useage rights which will include sharing with family, friends and most likely social media, prints etc but you will no be allowed to profit from their work. (Sell the images to magazine, use them for business advertising etc).

Talk to the photographer :-)


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umphotography
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Jan 10, 2017 09:03 |  #9

You have to spell this out in your contracts

1-We own the copyrights

2-Bride has permission to use files for personal use and printing needs

3-Images cant be published in any magazine or on any on-line publication w/o express written consent from our company. If Images are published w/o written permission clients will be charged standard industry rates for commercial use in publications. This can exceed $1000.00.

We provide our clients Print files and Web files that are watermarked for web use. We have this conversation with every family we photograph. They initial and sign the copyright sections of the contract or we wont photograph the wedding

I have yet to loose a client over this section of our contracts


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Amadauss
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Jan 11, 2017 21:54 |  #10

umphotography wrote in post #18239810 (external link)
You have to spell this out in your contracts

1-We own the copyrights

2-Bride has permission to use files for personal use and printing needs

3-Images cant be published in any magazine or on any on-line publication w/o express written consent from our company. If Images are published w/o written permission clients will be charged standard industry rates for commercial use in publications. This can exceed $1000.00.

We provide our clients Print files and Web files that are watermarked for web use. We have this conversation with every family we photograph. They initial and sign the copyright sections of the contract or we wont photograph the wedding

I have yet to loose a client over this section of our contracts

You are my hero Mike. I need to jump on this bandwagon!


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evolyllaphotography
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Jan 18, 2017 10:27 |  #11

you should be able to give them to family and friends as long as it's for personal use only and not commercial


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tim
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Jan 18, 2017 13:16 |  #12

It's standard for the photographer to own copyright, mostly to cover themselves, and so they can use them for awards, website and such. Technically you shouldn't give files away, but you could give prints away, but in practice I suspect everyone copies the disk/USB for everyone who wants it. Personally I don't much care what people do with the images I create.


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dmward
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Metro Chicago
Post has been edited 6 months ago by dmward.
Mar 30, 2017 18:04 |  #13

There are several approaches to releases for images from weddings.
Generally photographers are interested in protecting revenue potential from the wedding.
After that is exhausted the images have little residual value to the photographer other than for portfolio purposes and sharing with venues, florists, caterers, etc.

Mike's approach sounds reasonable and is a good model.


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RDKirk
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Mar 31, 2017 07:41 |  #14

Mike and a couple of others have given the current, modern practice.

The photographer normally retains copyright which, among other things, continues to give him the ability to claim authorship of the work. In the US, the copyright owner can claim authorship; in Europe, claiming authorship--called "moral copyright"--is a separate and inalienable right in itself. With additional proper permission from persons in the photographs, owning the copyright also gives the photographers continued right to use the work for self-promotion and other uses.

These days wedding photographers don't expect to make much if any additional income from downstream sales from the clients (including friends and relatives)--their money is negotiated in the contract up front.




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Jimconnerphoto
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Southern California
May 19, 2017 13:27 |  #15

Yup, what he said:

umphotography wrote in post #18239810 (external link)
You have to spell this out in your contracts

1-We own the copyrights

2-Bride has permission to use files for personal use and printing needs

3-Images cant be published in any magazine or on any on-line publication w/o express written consent from our company. If Images are published w/o written permission clients will be charged standard industry rates for commercial use in publications. This can exceed $1000.00.

We provide our clients Print files and Web files that are watermarked for web use. We have this conversation with every family we photograph. They initial and sign the copyright sections of the contract or we wont photograph the wedding

I have yet to loose a client over this section of our contracts

Print rights are given to all of my wedding clients.


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