Legal Use of Wedding Photos

I got into a rather heated argument with a co-worker today about the ability of a photographer to use photos that he had taken of a wedding for use of self promotion, contests, or in any other legal manner as he owns the copyrights to those photos. It evolved around the written contract that is signed by the B&G giving the photographer those rights. The co-worker believes that only photos that could be used in the above manner would be those of the B&G, since they were the ones who agreed to the terms of the contract. Others that were photographed in the course of the wedding did not agree to these terms, therefore the photographer has no right to use any photos that include anyone other than the B&G. I disagreed, but it did seem as if he had a pretty convincing argument in his favor.

Any ideas on this ?

It was not a public event, it was private, by invitation only. You have no legal right to use the images of family or guests without releases. The B&G are not in a position to sign away the rights of their guests. Sorry.

Let's face it. There are all sorts of photos that get taken at a wedding. Big family photos, small group photos (like the bride and mother of the bride), candids, other guests, etc.

However, if the photographer intends to use any of the photos for commercial promotional purposes, then they better be ones for which a release exists, signed by the subject. You've got that on the bride and groom only.

That is why virtually all commercial promotional photographs of weddings that are shown on the photographer's web site shows just the bride and groom or just one or the other.

---Bob Gross---

Is there such thing as a "Master relase" for events? Essentially where people signing in give consent for the photos to be used in promotional materials? What about sites like PICTAGE where generally, all of the photos of a wedding, etc, can be viewed and purchased by almost anyone with a link to the site?

I have heard of such permissions for paid public events, but it seems to me it was on the tickets and promotional material. I have also seen signs for events that say 'by entering this event you are giving permission....'. How that holds up in court is another question. But then, with lawyers, does it really matter. Anyone can sue for any reason and it will cost you. You can only do your best and have liability insurance to cover the risk. If you are risk adverse, stay home and watch TV.

Any suggestions on an appropriate way to obtain/request releases after a wedding. Basically I'm simply trying to assemble a sample album to show prospective clients and if it includes only shots of the B&G it really won't convey the coverage I am providing from start to end.

The last wedding I did, I had put together a DVD slideshow which was really well recieved. I would have liked to have used this as a sample, but with some 200 guests that appear thoughout, it looks like that will remain in the archives.

For something that started out as an enjoyable part time venture, sometimes things get a bit discouraging. Never ran into problems like this shooting bugs, trees and flowers

Would you need a release to show a sample album in person?

Simple.

Let's say that you shot a good one of a bride and some distant relative. You see it on the rear display, so you're pretty sure that it is good. While the bride is standing there, you go to the relative and ask them if they would like to have a free print of what you just shot. The bride will smile, and then the relative will say "Sure."

You pull out a release form for them to sign, and there is a place for mailing address at the bottom. You tell them to simply sign this form and you will send it to them for free. Now, I did not specify what size you send them. That is up to you. I would not use this for each person in the whole wedding, but if it seems like a really good one, it works.

---Bob Gross---