MOB wants control of image use after wedding

First time I have run into this. In my contract the model release states that I can use photos taken at the wedding for basically any purpose I choose.

Pretty standard boilerplate clause. I am dealing with the mother of the bride with the contract (she is paying), and she is requesting that I do not use photos for public usage. I guess she is concerned that unflattering photos will be posted online for all to see.
I can see their point to a degree but I tried asking in a round about way how we would use any photo that would not be the best in portraying their wedding. Think there is more to it but didnt want to dig.

So in short, if I let them have what they want, I do not get to use the photos for promo which in essence is like giving up full rights. I will not give up full rights and for the amount we are charging, not having these for promo usage would make me rethink taking this job on. I am open to allowing her to pick photos but not sure if that is a good idea.

I dont plan of using any photos on any billboards but my clause states I have that ability. How can I reword my clause into something that would be ok with her?

I want to be able to use photos for promotion online and print. If I have that perfect shot, I want the option of being able to enter that into a competition as well. Not sure how to word the clause into allowing for that with restricting other areas.

Have any of you run into this situation before?

If it's deal breaker for you decline the job. Personally I don't mind adding a "no public exhibition without permission from customer" type clause, it means I get the job and I still get paid. I have enough weddings in my portfolio, it's only really an issue for newbs.

I just dont like the idea of not being able to control my own work...having someone else say I cant do this or cant do that with it. Still on the fence....

Turn it down then. It would only be an issue for me if I really wanted the venue or couple in my portfolio.

Just curious - as a photographer, why would you put 'unflattering photos' in your portfolio (or elsewhere) with your name attached to it.

If the subject or photos don't live up to her standards, would it to yours? I'm not sure how you'd say that to the client...but yeah.

deletedpenguin wrote in post #7745798
Just curious - as a photographer, why would you put 'unflattering photos' in your portfolio (or elsewhere) with your name attached to it.

If the subject or photos don't live up to her standards, would it to yours? I'm not sure how you'd say that to the client...but yeah.

Thats what I thought and I tried to convey that to her. I do realize that opinions can differ and something I think is a killer shot, they may think its the worst thing ever.

Try negotiating the contract in this specific case with her. Shoot the wedding, ask for further permission on which shots are okay to use and which aren't.

I just re-read your claus...kind of odd question but would that mean you could sell the wedding photographs you take as stock ?

Another thing I read was photographic contests...there are a lot of contests out there that strip your copyright and hand it over to the sponsor of the contest (not sure if you're aware of that) just by submission; not always if it wins or not.

I can more see where the MOB is coming from if she's concerned if an unflattering shot of her daughter's wedding could be used for X-reason for Y-company in Z-country.

I have it written in my T&A as an optional permission
"Check here if it okay for (me) to use your images taken at (this place) (on this date) for advertising promotion of myself and my studio on an unrestricted, unlimited ...blah blah"
and
"Check here if it is okay for (me) to use your images taken at (this place on this date) to sell commercially or transfer copyright"

Just curious....Do you really NEED every job to promote yourself?--keep in mind I have no idea on your standing-- Or is it you just WANT to POSSABLY use them as promo. Definatley paying the rent is better then possably having a shot to use. If you are at the point that you only want the shots, I would just let it slide and do the shoot. However if you need the promo, I would pass on hopes you get a gig that will allow you what you want. Lesson learned for next time.... Bump the price up a bit. Then offer a discount for the ability to use that shots. Customers LOVE discounts.

Well all seems to be good now. I emailed her back with a compromise, I pick up to 25 images that she gets to approve for promo stuff. I never use more than that anyways so its works out. She was happy with that and grateful for working with her on it.

Glad to hear it all worked out.

tim wrote in post #7745620
If it's deal breaker for you decline the job. Personally I don't mind adding a "no public exhibition without permission from customer" type clause, it means I get the job and I still get paid. I have enough weddings in my portfolio, it's only really an issue for newbs.

If you shot a wedding which had that clause in the contract and a photo you took at that wedding turned out to be your favourite shot that you've taken, would you honour that clause or would you call them and ask if you could use it, despite what was agreed?

Maybe you could try to negotiate the contract so that photog has right to use X amount of photos for promo purposes. Where the MOB has selects the X amount from an sampling the photog presents. This way you get to use some of the photos for promo and she has to select some for that use.

rottface4 wrote in post #7748639
Maybe you could try to negotiate the contract so that photog has right to use X amount of photos for promo purposes. Where the MOB has selects the X amount from an sampling the photog presents. This way you get to use some of the photos for promo and she has to select some for that use.

That is exactly what I did and she agreed to it. I have no problem with that at all.

The Moose wrote in post #7748605
If you shot a wedding which had that clause in the contract and a photo you took at that wedding turned out to be your favourite shot that you've taken, would you honour that clause or would you call them and ask if you could use it, despite what was agreed?

I'd ask nicely. Fortunately I don't have to deal with the MOB, my contract specifies that my customers are the B&G regardless of who pays the fee, and I require the person paying for the photography to sign the contract.

Interesting topic. I have to say that I'm on your side. Not only as a photographer, but as a recent bride during my personal photography search I blog stalk like crazy. The best advertisement most photographers can have is their blogs and having the ability to update them frequently. Because of computer issues I haven't been able to update mine since March and my request for jobs has plummeted. Could be coincidence, or it could be that people are actually paying attention to it. It seems like everytime I update I get 5 jobs from people who saw the most recent update and comment on it.