Do you ask your clients every time you use images from a wedding for their approval? I make it clear that I own copyright to the images (in writing), and that I will use them for my own business. I show examples of how I use them (website, sample albums/prints), ask if they're okay with this. Most are fine, some (well in my case 1 couple) stipulate they wouldn't want it blogged which is fine with me, you have to respect privacy.
I have someone saying they'd want approval each time an image is used. Am I being petulant, or is this a pain ? It seems the point is to agree this in advance, and I'm clear with how the images are used, but they're not comfortable. They also picked up a couple of other liability issues, just makes me feel a bit cold on them...
I have it all in the wedding contract. You won't always need every wedding for sample images, so I would not let one wedding become a problem for me if they want some privacy. You might want to book them anyway.
You own it, so own it! If they signed a model release (usually on the contract) then there is no legal grounds they have to fight it. Keep your clients happy but the images are yours to use.
What do they want approval over? Every image that you post or approval to be published? If a client has approval then they have control so I'd rather just sell them the exclusivity in that case. We've been dealing with this regularly as over half of our clients don't want their images blogged or published or used in any way. Privacy is a viable and potential source of additional revenue. If they want it, let them pay for it.
How much do you add on for exclusivity? It sounds like they might want this, but don't know they do. They're now asking to have lower res copies for facebook that are not watermarked (my watermark is small, unobtrusive, 30% opacity, bottom right corner).
The only time someone asked for no internet publishing I just accepted it with no additional fee, as they were friend of friends, and bookings were kinda low at that point...
I have a sliding scale for exclusivity. I have one tier where we retain rights to show work in our studio and with approved vendors but no online usage (this also prohibits the client from posting anything online for protection). The next stage sells copyright but does not allow the client to sell the images and the last tier allows the rights to be sold and negotiates how the sale will be distributed between us. I would say a request for unwatermarked images is a slightly different intent/product.
Thanks TRR. I think I'll have to look at that, break down how it would effect my business and what sort of compensation would make sense at different levels. As of now, people have been happy for me to use them in the limited way I do, so clearly something I need to give thought to for the future.
@MBMK: Honestly? How conventionally attractive someone is doesn't represent the value of a photograph to me.
It is indeed in the contract, which they're currently picking at for revisions. Sigh.
Just saying, when I was searching for a photography, I came across a lot of photographers that owns the photos and have limits on the what I can do with the photos. I paid a lot of money for these pictures, why do I have limits to what I can do with them?
I was asking as I didn't understand the english you'd used, thanks for explaining. I'd personally only want to use the images for personal use, so the copyright wouldn't be an issue for me. Out of interest, how do you intend to use them outside of personal use? Please share, it would be useful to know your point of view.
I'm not planning to do much with them besides maybe edit a few of them because 1. I know how to process photos and 2. not always liking some of the edits done by photographers. So editing the images will require permission from the photographer because it states in the contract. It all comes down to the options what I can do with them without the need of permission to do this or do that.
I see, so the main reason is for editing. I think that would be limited to someone who does photography as a hobby or perhaps professionally (unlikely imo), as I wouldn't imagine many others would like to "edit" images finished to a professional standard. I guess the "trick" is picking a photographer who's work you like, so it doesn't require you to want to "edit" them. Thanks for sharing your thoughts.
You're right, I did pick a photographer who I like on post processing the images.
It would limited to someone who knows how to process the images, but what happens if you have a client who does not and does a shitty editing on the picture you took? I guess that's why many photographers the limited editing on their contract. They take a lot of pride on their work...
It's in my contract, too, along with a model release. Be careful about the latter: it technically only applies to the person(s) signing the contract. Technically, if the bride signs (customary to have only one signatory), the groom needs to sign his own model release. Ditto for other wedding guests. You would need to obtain individually signed model releases if you are using them for "commercial" use (images in a book you publish, or if you sell them to an ad agency for use in other publications, etc.). Best consult with a lawyer on all this. Generally, use in your own not-for-sale marketing (web site, brochures, sample albums, etc.) is okay.
sboerup wrote:
You own it, so own it! If they signed a model release (usually on the contract) then there is no legal grounds they have to fight it. Keep your clients happy but the images are yours to use.
TRReichman wrote:
If a client has approval then they have control so I'd rather just sell them the exclusivity in that case. ...Privacy is a viable and potential source of additional revenue. If they want it, let them pay for it.
Both these. If it's in the contract, point it out. If they want exclusive rights such as those you've mentioned, charge for it.
amonline wrote:
If they want exclusive rights such as those you've mentioned, charge for it.
This is getting a little ridiculous! I've occasionally had couples say they don't want anything put up on the internet and I agree to that. Not an ideal situation but, oh well. What's the big deal, really. Just put up shots from other weddings if you feel the need to put up fresh images.