Use of Wedding images

Hi everyone,

A friend of mine recently got married and the wedding photographer would like to submit some of the images to a competition.

Although I expect the photographer would honour the couple's wishes with regards to the use of the images, we got into a discussion about what their actual rights are. The relevant portion of the contract is:

The way I read that is that the photographer has copyright on the images, but not a model release. Therefore she's free to use any cake, flower, and decoration shots she wants in any way she wants, but nothing showing the actual couple (or anyone else).

Is my understanding correct?

Thanks.

(Again, this is a hypothetical argument, as I'm sure the photographer won't use them if the couple doesn't approve.)

They agreed to give unlimited, all-time usage to the photographer. The photographer can use any of the images as he wishes.

Your friend just has ownership of the original negatives (files). Not sure what rights that gives them. I don't see any talk of transferring the copyright.

But then again, I'm no lawyer.

Poorly written contract... probably need to run it by a lawyer. I'm sure either side could have an argument in court. Yeah best to just talk it over and come to some sort of agreement.

What the heck?

Giving a negative to the client, but claiming copyright ownership?

That photographer is spending too much time inhaling the darkroom fumes, if he indeed is using film, as the term "negative" suggests.

As said before, it could go either way. That contract mentions nothing about a model release, and I think it's a poorly thought out and written contract.

randplaty wrote in post #5868648
Poorly written contract... probably need to run it by a lawyer. I'm sure either side could have an argument in court. Yeah best to just talk it over and come to some sort of agreement.

Yeah (to all three: poorly written, both sides could argue it, best to talk it over).

Zansho wrote in post #5869160
What the heck?

Giving a negative to the client, but claiming copyright ownership?

That photographer is spending too much time inhaling the darkroom fumes, if he indeed is using film, as the term "negative" suggests.

Yes, actual film.

Thanks for everyone's comments.

Why ask us?

Don't be dumb and risk getting into trouble.
ASK THE PERSON WHO MADE THE IMAGES.

Simple solution!
Problem fixed
Great Mystery Solved

Thank you, thank you very much. I'll be here all day. Thank you.

i assume that the photographer as already contacted your friend about entering the images into the competition as you have discovered his intention via his wish?

this is a professional issue really all photographers taking pictures of clients for the clients should then ask the client if they mind them using the images for this or that out of general courtesy.

the contract is poorly written contracts don't really need to mention copyright - it should mention that all people attending the wedding agree to there pictures being taken and used within the terms of the contract. It should just say copyright remains with the photographer at all times.

If that is the only thing in the contract, then he has no rights in regards to contest submissions. If he included something along the lines of "the client agrees that all photographs taken may be used by the photographer for portfolio and contests", then there's a gray area where the photographer may have the right to use the client's image (though perhaps noone other than the client).

Kaya75 wrote in post #5874754
the contract is poorly written contracts don't really need to mention copyright - it should mention that all people attending the wedding agree to there pictures being taken and used within the terms of the contract. It should just say copyright remains with the photographer at all times.

Written contracts DO need to mention copyright. It should be mandatory. People need to know that this is not just something that they can do with whatever they feel like. The contract should say something like this...

3. COPYRIGHTS
(your name here) retains all copyrights to all images. Client shall not copy or reproduce images in any way without express written permission of (your name here). If Client chooses a “shoot and burn” package, a print release shall be signed and given to the Client. A print release gives the Client permission to print photos at whatever lab they so choose, or from their own printer at home. Both (Your name here) and the Client shall sign the release. Client shall not use images online or in any commercial use. (Your name here) retains the right to use images for advertising, display, publication, and professional print competitions. (Your name here) is entitled to all monies gained through the unauthorized use or sale of images. Violators of Federal Copyright Law will be subject to civil and criminal penalties.

4. MODEL RELEASE
This contract serves as a model release giving (Your name here) the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. (Your name here) can grant use of the images to third parties and all compensation for use and credit for the images remain the property of (Your name here). Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.


Note: I am not a lawyer. You should always seek counsel from a professional attorney.

Adaptive wrote in post #5874096
Why ask us?

Don't be dumb and risk getting into trouble.
ASK THE PERSON WHO MADE THE IMAGES.

Simple solution!
Problem fixed
Great Mystery Solved

Thank you, thank you very much. I'll be here all day. Thank you.

The couple will be discussing with the photographer.

However, the bride and I got into an abstract discussion about what the photographer could do in the absence of further approvals.

However, thanks for the helpful feedback.