mtimber wrote in post #13550316
Remember, she is talking about buying the copyright, rather than licensing the images.
Where is she talking about buying the copyright ?
She is asking for a bit of privacy in not having personal images posted where anybody can look at them. That is all.
Is she asking for the orignal files, so she can make her own copies for everybody? No, she will still have to go to the copyright holder and pay for prints etc. Is she getting the right to sell the images for publication, or use them commercially? No, she would still need the copyright holders permission for any non agreed usage.
The OP would still hold the copyright, the agreement would simply be modified to say that he doesn't get to post them in public.
I see that you are in the UK. Are you aware that there is a privacy clause in UK copyright law that guarantees this privacy she is requesting? If a client hires a photographer to do some work, the photographer can only use them for their portfolio, website, etc. with the permission of the client. That is why photographers have it written into their agreements that the client gives permission for such usage. If the images are of a personal nature it is not uncommon for people to say "no, I don't want them displayed" and ask for the agreement to be modified to allow them their statutory right to privacy (particularly with "boudoir" shots taken for husbands or partners to enjoy). It is uncommon for wedding shoots to have this request made, but (in the UK) they are quite within their rights to insist upon it.
The privacy clause does NOT hand copyright over to the client.
Now, I don't know where the OP is based as they haven't given a location (always helps when asking about these sort of matters guys, as where you are can affect the answers). I suspect from the use of "check" instead of "cheque" they are not in the UK and probably in the USA. I don't know if they have a similar privacy clause in their copyright law, they may well do.
timnosenzo wrote in post #13550372
I've had the request in the past, and agreed to it. Not being able to display one wedding isn't going to kill me.
You need to decide how important booking the wedding is. If you refuse to agree to it, or you agree to it but jack up the price and she walks, are you OK with it? If you'd rather book the current wedding, then just agree and collect your money.
+1 to this.
Regardless of any privacy law, any client must surely have the right to ask that you don't place their personal photos in the public domain. This isn't like taking shots in public where there is no "expectation of privacy" and the photographer can use the images for their own purposes without any permission (so long as it isn't commercial use or defamatory). Wedding shots are taken at a private event, and you have to respect that privacy if they ask. Anybody taking photos of the couple from the street, of course, is not bound by that as they are shooting from public ground and not part of the wedding itself.
Now, the OP also has the right to decide if the loss of potential publicity use of the images makes the shoot no longer worthwhile. This would particularly be the case if it was a shoot by an inexperienced wedding photographer, working cheap in order to get some portfolio images. If that is the case, then explain that is why your prices are as low as they are and that you are doing it to build your portfolio. Without that as part of the package, you would have to ask for more money to make up for not using the images.
To be honest though, every time I have known of a client ask for images not to be used, they will just go elsewhere if you either don't agree or want to charge a higher fee. There are other photographers who have plenty of portfolio images, as they have done a lot of weddings, and it won't bother them not to be able to use shots from an occasional wedding where privacy is requested.
The OP has the option of just agreeing with the request and getting a paid booking, making their profit from it and moving on, without posting images in their portfolio. Or they can turn the booking down as they don't agree to the client's terms, or they can ask for more money and hope the client doesn't walk out the door. If they do that, they should be tactful about it and not start harping on about selling the copyright (unless also prepared to just hand over all the files after the wedding and all rights to print orders etc).