Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Guest
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 02 Dec 2016 (Friday) 01:26
Search threadPrev/next
sponsored links
(this ad will go away when you log in as a registered member)

Mall Santa Clause usage rights

 
gmm213
I know some really nice clowns
Avatar
783 posts
Likes: 169
Joined Apr 2013
Location: Portsmouth Va
     
Dec 02, 2016 01:26 |  #1

So its been a while since Ive been around. Moving is always fun. Anyway.

I was wondering what rights do I have when my child gets a photo with Santa at places like the mall etc.? I want to have pictures done with my son and Santa and have it made into holiday cards. Ive called a couple places but they have no idea when I ask about reproduction rights and all that. I highly doubt anyone would care but I just was curious more than anything.


500px (external link)
flickr (external link)
Mayhem # 3789333 (external link)

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)
Scott ­ Spellman
Member
203 posts
Gallery: 2 photos
Likes: 122
Joined Oct 2015
Location: Royal Oak MI
     
Dec 02, 2016 04:27 |  #2

gmm213 wrote in post #18200808 (external link)
So its been a while since Ive been around. Moving is always fun. Anyway.

I was wondering what rights do I have when my child gets a photo with Santa at places like the mall etc.? I want to have pictures done with my son and Santa and have it made into holiday cards. Ive called a couple places but they have no idea when I ask about reproduction rights and all that. I highly doubt anyone would care but I just was curious more than anything.

By default, when any customer buys a print from another photographer you get no rights to use the photos in any other way whatsoever unless you have an invoice/agreement/etc that tells you otherwise. You are buying the physical print only. Most photography operations will also make Xmas cards for you for an additional fee. Many people obviously steal the photo and make prints/cards/etc anyways. Any printer of photographs should require your to certify that you the customer has full rights to make prints.




  
  LOG IN TO REPLY
Dan ­ Marchant
Do people actually believe in the Title Fairy?
Avatar
5,133 posts
Gallery: 19 photos
Likes: 1421
Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Dec 02, 2016 06:07 |  #3

What Scott said.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

  
  LOG IN TO REPLY
Scott ­ Spellman
Member
203 posts
Gallery: 2 photos
Likes: 122
Joined Oct 2015
Location: Royal Oak MI
     
Dec 02, 2016 10:48 |  #4

People should and do "care", plus your printer and you could be sued. These are the same laws that protect you from other people and companies stealing your photos. If you want full rights, just take the photos yourself. Isn't that the point of being a photographer?




  
  LOG IN TO REPLY
Dan ­ Marchant
Do people actually believe in the Title Fairy?
Avatar
5,133 posts
Gallery: 19 photos
Likes: 1421
Joined Oct 2011
Location: Where I'm from is unimportant, it's where I'm going that counts.
     
Dec 04, 2016 00:11 |  #5

Alternatively ask/negotiate a price for the additional rights.


Dan Marchant
Website/blog: danmarchant.com (external link)
Instagram: @dan_marchant (external link)
Gear Canon 5DIII + Fuji X-T2 + lenses + a plastic widget I found in the camera box.

  
  LOG IN TO REPLY
the ­ flying ­ moose
Goldmember
1,629 posts
Likes: 69
Joined Dec 2006
     
Dec 04, 2016 01:52 |  #6

That's why when we get Santa photos we usually opt to purchase a couple digitals that are emailed to us or put on a thumb drive instead of getting physical prints. This way the photographer still gets paid and its easier for us to send images to relatives.




  
  LOG IN TO REPLY
Wilt
Reader's Digest Condensed version of War and Peace [POTN Vol 1]
Avatar
41,219 posts
Gallery: 1 photo
Likes: 2338
Joined Aug 2005
Location: Belmont, CA
Post edited over 2 years ago by Wilt. (4 edits in all)
     
Dec 04, 2016 11:24 |  #7

Scott Spellman wrote in post #18200853 (external link)
By default, when any customer buys a print from another photographer you get no rights to use the photos in any other way whatsoever unless you have an invoice/agreement/etc that tells you otherwise. You are buying the physical print only. Most photography operations will also make Xmas cards for you for an additional fee. Many people obviously steal the photo and make prints/cards/etc anyways. Any printer of photographs should require your to certify that you the customer has full rights to make prints.

OTOH, "'additional rights' none at all" is usually is enforceable within the context of COMMERCIAL USAGE of the photos...to sell a product or service (like using the photo to advertise your own real estate brokerage or insurance brokerage business or tax return preparation service), so the pro does care if you make 200 Xmas cards to send out to promote your business.
For 'non commercial' duplication, many retail outlets like Walgreen's have a policy about bringing in photographs obviously taken by some professional photographer, first requiring permission from the photographer before they make additional prints. So even if the pro does not care if you make 200 Xmas cards to send out as a family, these retail outlets might still have an issue.

Dan Marchant and the flying moose both have good practices


You need to give me OK to edit your image and repost! Keep POTN alive and well with member support https://photography-on-the.net/forum/donate.p​hp
Canon dSLR system, Olympus OM 35mm system, Bronica ETRSi 645 system, Horseman LS 4x5 system, Metz flashes, Dynalite studio lighting, and too many accessories to mention

  
  LOG IN TO REPLY
gmm213
THREAD ­ STARTER
I know some really nice clowns
Avatar
783 posts
Likes: 169
Joined Apr 2013
Location: Portsmouth Va
Post edited over 2 years ago by gmm213.
     
Dec 08, 2016 01:02 |  #8

Scott Spellman wrote in post #18201083 (external link)
If you want full rights, just take the photos yourself. Isn't that the point of being a photographer?

Its the fact that its with Santa and I am not large or jolly. And My wife yells if I grow my beard.

I did, after intense scouring of the website for the digital download, find this in their FAQ:

If I buy a Santa Photo Download online, will I be able to print that at my local photo retailer?
If you buy a Santa Photo Download online, you will be able to print that photo at any local photo retailer, as long as you print out the ‘Receipt and Copyright Release’ email that you received immediately following your online purchase, and take that with you to the photo retailer along with the device on which you saved that Santa Photo Download.

And this in their T&C:

No Unlawful Images; Copyrights. ********** is not responsible for the content of your images and expressly disclaims all liability relating thereto. You assume all liability for the content of your image. Any individual who views an image through a ********* account is required by law to own the right to or obtain permission to use the account and view any image, before the image is uploaded or printed through ********. ******** reserves the right to delete, move, edit images, or suspend viewing or printing of images if, in our sole discretion, we deem abusive, defamatory, or in violation of copyright or trademark laws or otherwise unacceptable.

I do not have the email with the Receipt or copyright, as my mother is the one that took him. Ill will have to have her forward that. (***** represents the companies name FYI)

Most of the T&C is pertaining to them not being responsible for what I do with the photo or its pertaining to their website. It also states that it can be shared through social media as much as I'd like, as well as they have direct links to Shutterfly (and state they have no affiliation) as well as include a $20 Shutterfly promo card (I will use them only at no other choice)

Mind you this isn't a photographer , this is a mall Santa that has an 'elf' click a button. Though I understand everyones' points and guess that it could be a larger issue than I expected. Thats why I asked, I am in no way a professional that knows any legalese when it comes to photography.


500px (external link)
flickr (external link)
Mayhem # 3789333 (external link)

  
  LOG IN TO REPLY
bigVinnie
Senior Member
Avatar
835 posts
Gallery: 3 photos
Likes: 100
Joined Jul 2010
Location: Roaming the USA
     
Feb 06, 2017 12:06 |  #9

As a guy who does this type of stuff I'll state that anyone who does not offer a digital is a fool.

I don't think I've ever been contacted by someone wanting to buy additional prints. I do however charge a small fee for an emailed digital. That add-on generates more cash than print sales ever would. I also state on our order form that all our digital images are deleted the next day. Many parents these days appreciate that.

I never had someone contact me saying that a local place refused to print their image.


Act1 Photo Booths (external link)

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)

2,673 views & 5 likes for this thread
Mall Santa Clause usage rights
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Index   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.1forum software
version 2.1 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is rowinjazz
668 guests, 354 members online
Simultaneous users record so far is 15144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.