Mall Santa Clause usage rights

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.

gmm213 wrote in post #18200808
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.

What Scott said.

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?

Alternatively ask/negotiate a price for the additional rights.

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.

Scott Spellman wrote in post #18200853
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

Scott Spellman wrote in post #18201083
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.

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.