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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 19 Apr 2018 (Thursday) 14:29
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Using pictures from a paid shoot

 
icor1031
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Apr 19, 2018 14:29 |  #1

Pictures from a paid shoot - is it normal for photographers to post any on their website/FB page?


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Apr 19, 2018 15:22 |  #2

It's normal. You just have to make sure the models agreed to it.


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Apr 19, 2018 15:41 |  #3

Most the time you have the models sign a release stating your usage that they agree to.


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icor1031
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Post edited 1 month ago by icor1031. (2 edits in all)
     
Apr 19, 2018 16:10 as a reply to  @ OhLook's post |  #4

Editing...

---

Edit:

Sorry! I mean that I, the photographer, was paid.
So, a senior's pictures - and her father paid me to shoot them.


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Apr 19, 2018 16:39 |  #5

icor1031 wrote in post #18609860 (external link)
Sorry! I mean that I, the photographer, was paid.
So, a senior's pictures - and her father paid me to shoot them.

The answers above still apply.


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icor1031
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Apr 19, 2018 16:41 |  #6

I'm not going to require they sign my usual model release, if they're paying me (I don't want to lose customers). So,
How do most go about this? Do you just ask permission after the shoot, if there's one you want to use? Or, do you put a disclaimer on your site, so they know in advance you may use any of them? Or...?


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Alveric
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Apr 19, 2018 19:01 |  #7

At this point it might be too late for the ones you've already shot. A number of photographers, myself included, have something like this in our contract/policies page:

"[Photographer] reserves the right to use any captured images for display, publication, its own advertising, professional competitions, and/or any other lawful purposes. Opt-out forms are available and must be filled out at the moment of ordering/scheduling, please enquire."

If they don't ask for such opt-out form they're fair game.


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icor1031
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Apr 19, 2018 19:29 |  #8

Alveric wrote in post #18609933 (external link)
At this point it might be too late for the ones you've already shot. A number of photographers, myself included, have something like this in our contract/policies page:

"[Photographer] reserves the right to use any captured images for display, publication, its own advertising, professional competitions, and/or any other lawful purposes. Opt-out forms are available and must be filled out at the moment of ordering/scheduling, please enquire."

If they don't ask for such opt-out form they're fair game.

Thanks! I think I'll use that.


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Tom ­ Reichner
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Post edited 1 month ago by Tom Reichner.
     
Apr 19, 2018 19:37 |  #9

icor1031 wrote in post #18609876 (external link)
How do most go about this?

When you first meet to go over the terms of the shoot, you inform them that, of course, you retain the right to use any photos from the shoot in your promotional material, such as portfolio, social media, and website. . Most professionals have a contract, or agreement, that they have the clients sign before they even start the shoot, and this will be in the fine print.

And if you feel awkward having them sign a contract, then just get over it!

I mean, if people have to sign a contract every time they get their oil changed or whenever they change the data on their cell plan or when they buy a new tire, then of course they don't think it is unusual that their photographer asks them to write their John Henry on a slip of paper before photographing them.

icor1031 wrote in post #18609876 (external link)
How do most go about this? Do you just ask permission after the shoot, if there's one you want to use? Or, do you put a disclaimer on your site, so they know in advance you may use any of them?

No, a disclaimer on your website would seem like a cowardly way to go about it. . That comes across like you are a little embarrassed or timid or hesitant to address the matter directly. . Plus, if you just have something on your website about it, then you won't have their signature on a document that states the terms of use. . In court, if you say to the judge, "it was on my website ..... they should have known" . well, that would sound kinda pathetic, wouldn't it?


.


"Your" and "you're" are different words with completely different meanings - please use the correct one.
"They're", "their", and "there" are different words with completely different meanings - please use the correct one.
"Fare" and "fair" are different words with completely different meanings - please use the correct one. The proper expression is "moot point", NOT "mute point".

  
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icor1031
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Apr 19, 2018 19:43 |  #10

Tom Reichner wrote in post #18609952 (external link)
When you first meet to go over the terms of the shoot, you inform them that, of course, you retain the right to use any photos from the shoot in your promotional material, such as portfolio, social media, and website. . Most professionals have a contract, or agreement, that they have the clients sign before they even start the shoot, and this will be in the fine print.

And if you feel awkward having them sigh a contract, then get just over it! . I mean, if people have to sign a contract every time they get their oil changed or whenever they change the data on their cell plan or when they buy a new tire, then of course they don't think it is unusual that their photographer asks them to write their John Henry on a slip of paper before photographing them.

.

Good point.

Can you direct me to an example contract?


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Tom ­ Reichner
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Post edited 1 month ago by Tom Reichner. (3 edits in all)
     
Apr 19, 2018 19:50 |  #11

icor1031 wrote in post #18609954 (external link)
Good point.

Can you direct me to an example contract?

.
Here is a link to the Google results I got when I did a Google search for "photography sample contract senior portraits"

https://www.google.com​/search?safe=off&sourc​e=hp&ei=EzjZWqu4J8iJ0w​L60oU4&q=photography+s​ample+contract+senior+​portraits&oq=photograp​her+sample+contract+se​ni&gs_l=psy-ab.1.0.33i22i29i30k1l3​.3394.12455.0.14520.36​.34.1.0.0.0.164.2399.3​0j3.33.0....0...1.1.64​.psy-ab..2.34.2400.0..0j35i​39k1j0i131k1j0i67k1j0i​131i67k1j0i20i263k1j0i​22i30k1.0.3nBzvtRhM6o

Looks like there's some good stuff in there.

However, you will want to add your own unique legalese to the contract, in order to cover things that might not be covered in any of the samples. . My contracts are different because I offer photo licensing as a product, not photography as a service, but I have found that contracts written from scratch are better suited to my needs than anything I can find ready-made. . But then again I used to write contracts for a living, so I am used to writing those types of agreements.

Most people don't read the fine print when they sign something. . So even though you get the client's signature on a contract, that doesn't mean that it is okay to go ahead and post their photos on the internet. . Doing so might really catch someone by surprise and cause them to feel like you deceived them by burying stuff in fine print.

The responsible thing to do is when you hand them the fine print, briefly describe each of the main items in that fine print. . Tell them that you need to keep your portfolio and social media presence up to date so that other people can find you, just like they found you. . And be direct when you tell them that you may use some photos from the shoot on your various promotional outlets. . The main thing is that you want to make sure they are prepared by this eventuality and won't be surprised by it when it happens.


.


"Your" and "you're" are different words with completely different meanings - please use the correct one.
"They're", "their", and "there" are different words with completely different meanings - please use the correct one.
"Fare" and "fair" are different words with completely different meanings - please use the correct one. The proper expression is "moot point", NOT "mute point".

  
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TooManyShots
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Post edited 1 month ago by TooManyShots.
     
Apr 20, 2018 10:02 |  #12
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Ask them, maybe??? Yes, normally, you have some sorts of either verbal or written agreement on the usage. Again, ask them if you haven't done so before the shoot. If not, don't use it...


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Left ­ Handed ­ Brisket
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Apr 20, 2018 10:09 |  #13

icor1031 wrote in post #18609876 (external link)
I'm not going to require they sign my usual model release, if they're paying me

If you plan to use the images, this is a mistake.

If they don't want to sign the release, don't post the images.


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Apr 20, 2018 10:13 |  #14

icor1031 wrote in post #18609946 (external link)
Thanks! I think I'll use that.

I don't know where you are living, but Alveric lives in Canada. Local laws obviously vary.


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Alveric
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Apr 20, 2018 12:51 |  #15

Yup. And it also depends on the subject matter: I only do commercial work, which is meant to be showcased. Headshot clients are going to publicly post their taken likenesses on the Internet anyway, and if they're happy with the photos they don't object to endorse who took them; thus, there's hardly any objection to me having some of the images in my portfolio. Only when they get the copyright then I can't do so.

But, for other genres of photography, like families, or more personal portraiture, yes, I can see a number of clients not wanting to be seen anywhere but where they themselves upload and post. I did take a non-commercial portrait last year –a senior lady from my church–, and when I was about to give her the prints she asked that we went into the church's crying room because she didn't "want anyone to see them". Right there one could immediately tell that those images are never going into any portfolio. Not only laws vary, but clients too.


'The success of the second-rate is deplorable in itself; but it is more deplorable in that it very often obscures the genuine masterpiece. If the crowd runs after the false, it must neglect the true.' —Arthur Machen
Why 'The Histogram' Sux (external link)

  
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