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[tnason]

Hi,

I am getting married this fall and was looking at the contract from my photographer.  The relevant copyright language is as follows:

"Clients acknowledge that all work created, under this agreement is the intelletual property of the photographer who shall retain the copyright to the photographs.  Clients agree not to publish the photographs without permission of the photographer.  Clients will have unlimited personal use of the photographs at any time for no additional fee.  Clients give permission for the photographer to use the work for publication, display, advertising promotion and other uses." 

I am trying to figure out what rights I actually have under this contract, versus what rights go to the photographer. 

It seems reasonably clear that the photographer retains essentially unlimited rights. 

However, what rights do I have under personal use and what, exactly, is excluded under the limitation on publication?

For instance:

I presume I can reproduce the photos for my own use (for instance hanging in my home, or giving to family members).  Is this correct?

What about posting on facebook, would this constitute publication or personal use?

And what about blogs?  Is this publication?  Does it make a difference if it is my blog or someone else's?

What about publishing in a newsletter (for instance, for the community I live in or a church group)?

If this kind of use is excluded under the current language, what kind of language would be required to allow this use?

Thanks

[DogDayPM 9er9er9er]

Congrats!

First, I'm not a copyright expert so take all with a grain of salt and/or wait for more experienced replies.  But here goes.

Because the studio retains copyright, I would not presume the photographer wants you to be able to make reprints unless it is explicitly stated.  Most of the photography studios I've dealt with personally say that they retain copyright and actually go on to state that reprints are forbidden (they want you to come back and buy more prints from them, obviously).  So if you want to be able to make copies or reprints you should add that in there.  Best place I guess would be in the personal use statement, for example, "Notwithstanding the foregoing, Clients will have unlimited personal use of the photographs, including the right to make copies (for personal use only) at any time for no....".  The photographer may complain about this and/or refuse to play ball.  You know what to do then, right?

As for the publication restriction, that's probably to keep you from making money off the photographer's work without him/her getting a cut.  What if you showed the photos to a modeling agency and they got them published as adverts for the gown designer and you made $10,000 of the deal?  (Something like that).  Anyway, for what you've described wanting to do, it wouldn't seem the photographer should fuss much.  How about an insertion like this?  "Clients agree not to publish the photographs in for-profit media without permission of the photographer, but otherwise have the right to publish photos in non-profit media including but not limited to social media websites, personal websites, newsletters, and the announcements section of newspapers."

[Smokin]

I'm glad you are figuring this stuff out about this before you hired this guy!

Photographers retain the copyrights, and rightfully so. Many photographers make alot of money by refusing to allow their work to be reproduced in any way whatsoever without getting paid for it. For example if you want to get more prints, make cards, or make a painting from the image, you can't simply go to any print shop or third party, you have to go to him and pay his (unknown) price.

Many people often lose touch with photographers and run into problems getting pictures enlarged or reproduced because many places wont do the copies unless you are the copyright owner.

You have a few options. One is to do as dogday has suggested which is to stipulate what rights you are licensing in your contract. The only problem is many third party photo places still wont work with anyone but the copyright owner. Your other option is to ask to purchase the rights for a little extra $$$ so that you don't have any issues in the future with reproducing them or touching them up, or transferring them into a new medium. Last option is to not hire this guy if we still wont give up rights and is not sympathetic to your position, I personally would not feel comfortable with any photographer who sees my wedding pictures as a future payday because he own the rights.

[tnason]

Thank you for your replies.  As a part of my package I receive all the high resolution digital files and, from my conversations with my photographer, what he intends personal use to mean extends at least to printing out images to put in an album, gift to friends and family, hang on my walls, etc.  Also bear in mind that this photographer has been exceedingly considerate and thoughtful (a large part of why we are working with him).  I originally didn't contact him because his base price listed on the internet was 50% more than our photography budget.  However, after noting that he was advertising in a forum where vendors are screened for basically working sensitively with their clients, I decided that e-mail was cheap and contacted him anyway.  He asked what our budget was and what was important to us and then built a package to fit at a significant discount from his usual rate. 

In light of this, my concern is not that he is going to try to hold our pictures hostage, so to speak.  Rather, I am concerned that a) the contract language is unclear and may not even grant us the rights he intends to and b) that I am unclear on what the line is between what is allowed and not allowed. 

I would still be pleased to hear from anyone who has any thoughts on whether there is specific meaning to the terminology used which I am overlooking, but, at present, my plan of action is to talk to photographer and get clarification of the terms personal use and publication either in the contract itself or in an referenced copyright waiver.

[klaviernista]

tnason:

The others who have responded to your initial inquiry have fleshed out the issues quite well. 

While is it good to have verbal confirmation from the photographer that you will have the ability to print picture for personal use, the language of the contract does not appear to support that interpretation.  Indeed, ". . . Clients agree not to publish the photographs without permission of the photographer.  Clients will have unlimited personal use of the photographs at any time for no additional fee. . ." explicitly states that you, as a client, cannot publish the photographs without permission of the photographer.  It is also unclear from the language provided whether "personal use" would include "publication for personal use."  Likely, there is another part of the contract specifying that the permission must be in writing, and that the contract reflects the entire agreement between the parties.

Since this is important to you, you might want to add language to the contract clarifying the meaning of "personal use" or otherwise specifying that the Client shall have the right to reproduce photographs for personal use without the photographer's express permission. 

An alternative, but less desirable way of handling the situation would be to summarize your recent discussion with the photographer in a letter.  The letter should state something to the effect of, "pursuant to our discussion on DD/MM/YYYY, we mutually understand and agree that "personal use" as defined in the contract for photography services means, without limitation, that I have the right to reproduce photographs produced in accordance with the contract without your permission, provided that such reproduction is for personal use only (e.g., for distribution to parents, inclusion in personal albums, etc.).  Notwithstanding the foregoing, this letter is a record of the oral permission conveyed by you on DD/MM/YYYY, indicating that I may reproduce photographs produced in accordance with the contract, provided that such reproduction is for personal use only." 

Best,

Klav

[bestforbride]

Wedding Photography can be one of the most enjoyable and lucrative professions within photographic industry, but it can also be one of the most stressful and demanding.


Mother Of The Bride Dresses
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[marvin dsoza]

Hi,
I am completely agreed with this point that doing wedding photography business is not an easy task. There are many complexities in this job so it is very stressful and very popular in the events.


Regards
Wedding photographer Liverpool

[SoCalProductDev]

As a part of my package I receive all the high resolution digital files and, from my conversations with my photographer, what he intends personal use to mean extends at least to printing out images to put in an album, gift to friends and family, hang on my walls, etc. 

That sounds like a generous and fair photographer.  Few photographers give up the full-resolution digital files and most even digitally watermark them.

When I got married, I took their contract and crossed out a few paragraphs in their contract and added a clause restricting the photographer or studio from ever using images shot at our wedding for any purpose (including advertising of their services) with a penalty equal to the full amount of the wedding photography package per image misused.  Photographer/studio was happy as long as they maintained the copyright.  But, we didn't get copies of the negatives (hey didn't shoot digitally).

[OMG IP]

In summary, your rights are what you negotiate them to be.

Typically, copyright belongs to the author, unless it is a work-for-hire.  However, just like realty and personalty, IP rights can be made subject to just about any type of agreement.  Props to the OP for reading the small print!