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Lotto
04-24-2007, 04:03 PM
Can someone help me understand the rights of a client here in this situation? If a client gets the rights to print and use the pictures, yet the photographer holds the rights to use the pictures to promote himself, in contests, etc. How do you protect the client from an embarrasing situation? What keeps the photographer from posting a photo on a porn site? Or on a site that allows copying, and someone else then posts it in an inappropriate manner.

The client's reputation could be at stake, and their future employment considerations on the line.

This photography graduate is being paid a small fee, and expenses in exchange for having these photographs to promote himself.

Jason Dunn
04-25-2007, 04:51 PM
I'm not a lawyer, but here goes...

Can someone help me understand the rights of a client here in this situation?

In this instance I think the rights are determined by whatever the contract says - I don't think there are any pre-determined legal rights once the photographer is given permission to shoot photos on private properly.

How do you protect the client from an embarrasing situation? What keeps the photographer from posting a photo on a porn site? Or on a site that allows copying, and someone else then posts it in an inappropriate manner.

I think nothing more than the personal integrity of the photographer. Realistically though, we know that even if the photographer DIDN'T have the rights to share the images and he wanted to, he could do it anyway. And we ARE talking about wedding photos here right? I don't understand why wedding photos would be uploaded to a porn site or could be used inappropriately.

This photography graduate is being paid a small fee, and expenses in exchange for having these photographs to promote himself.

And there you have it - the client is giving up absolute control in exchange for saving money. I don't think you can have it both ways. ;-)

Lotto
04-25-2007, 06:54 PM
To clarify...the contracts not yet been signed. :wink:

It is customary for pictures to be taken of the bride and her party getting dressed. In this process, a picture can be taken that could be considered sexy, and used out of context, become embarrassing for the bride.

I don't feel it is wrong to add to the contract that they not be used in a demoralizing or demeaning manor. Yet, the photographer being a friend took great offense to this. I feel it is just protection for the bride.

Jason Dunn
04-25-2007, 07:52 PM
Yet, the photographer being a friend took great offense to this. I feel it is just protection for the bride.

Well, wouldn't you be offended if someone wanted to write "don't do bad things with these photos" into the contract? That's saying to the photographer "I don't trust you to do the right thing, it needs to be a legally binding matter" - I know I'd be very offended as a photographer if someone did that to me. I know you were only trying to do the right thing, but you can imagine how he perceived it...

Lotto
04-30-2007, 01:59 AM
Perhaps I didn't describe it clearly, as the photographer is a friend of the bride (not a close friend), and not of mine (the parent of the bride). I don't think the photographer should take offense that a parent bring up this question. As a profesional, and a friend I would have expected him to say "Of course I wouldn't do anything demoralizing with your pictures, I have no problem adding that to the contract if it makes your parents feel more comfortable."

Most people I talk to say, "A laywer would tell you to get it in writing!"

Flow44
07-30-2007, 10:51 AM
mayber i know someone... please contac me...