model release for our wedding

I am getting married and the photographer has the following model release in the contract:

"The client hereby grants to (photographer name) and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner or medium; toalter the same without restriction; and to copyright the same. The client hereby releases (photographer name) and it's legal representatives and assigns from all claims and liability relating to said photographs."


Is this pretty standard? I don't think this woman would do something bad with the photos but the release pretty much gives her the right to do whatever she wants forever with our image. Should we be concerned?

If you are unsure about it, don't sign it. Photographers have to have a model release for advertising, websites & stuff. I wouldn't dig too deep into it.

I think I have to sign it or else I won't have a wedding photographer. You're right, maybe I shouldn't dig too deep. It seems like all photographers have to get people to sign these...

I just thought of another thing. I'd hate to have our image sold to a stock house? any way to prevent that?

They are pretty standard these days. The photographer generally has most of those rights anyway simply by virtue of taking the pictures. The legalese just protects the photographer from a client coming back later and claiming they never wanted their wedding shots used to promote the photographer, etc.

It also affords them some other commercial options. For example, they could license those images to a wedding magazine or catalog, etc. In an economy where everyone with a $99 digi-cam from Best Buy thinks they don't need to pay for quality photography, photographers are always looking to keep their options open for sustainable income. It doesn't mean that they intend to use your images for commercial purposes, just that the option is there.

It's likely just for promoting themselves on their own web site.

Trackerxx wrote in post #9826069
I just thought of another thing. I'd hate to have our image sold to a stock house? any way to prevent that?

I doubt they would do something like that without informing you at least. But if you have concerns you could ask to negotiate those things before the event.

Most photographers don't like to customize releases per client (which is why they are so broad to start with.) Both you and the photographer should be comfortable with the terms of the shot. A more restrictive release may cost you more, because it guarantees no future income to the photographer. (we need to make a living too.)

You could ask to be notified if any of those situations occur? I mean, if I were on the cover of a magazine or even in an advertisement I'd like to have a copy for myself anyway.

John,
I have no problem with our photos being used for her website or for photographic contests etc. I guess I'll just go with it. I just don't want to see me in some cheesy wedding ad. Oh well. (I'm a local newscaster that is prohibited from advertising anything).

Trackerxx wrote in post #9826134
John,
I have no problem with our photos being used for her website or for photographic contests etc. I guess I'll just go with it. I just don't want to see me in some cheesy wedding ad. Oh well. (I'm a local newscaster that is prohibited from advertising anything).

Your photographer needs to be aware of that then, and a custom release should be drawn up. =)

Trackerxx wrote in post #9826134
John,
I have no problem with our photos being used for her website or for photographic contests etc. I guess I'll just go with it. I just don't want to see me in some cheesy wedding ad. Oh well. (I'm a local newscaster that is prohibited from advertising anything).

Yep, they should be made aware of that, and they should be willing to accommodate.

I'm not an attorney, but I'd bet that there's a rather easy way to modify the contract by striking out and signing the section of the contract on every copy that's signed.

I have a similiar clause and if the client is uncomfortable with it I just remove. Ask what her position is, tell her your side witht he wedding market as it is she is more concerned about losing you than you are about losing her.

SkipD wrote in post #9827465
I'm not an attorney, but I'd bet that there's a rather easy way to modify the contract by striking out and signing the section of the contract on every copy that's signed.

It's often done that way, most photographers have a standard contract that can be modified to suit individual client needs. As noted in earlier posts the most likely thing the photographer wants is a release to use the pictures for personal promotion. If the OP objects to this section of the contract it's more than likely the photographer will be willing to modify the contract rather than lose the job.