Gene51 wrote:
unless the OP got a model release from every person he photographed the value of these images to him is questionable, even if he registers the copyright. He should provide what he's being asked for and vow never to do this again.
You are 100% right!
In over 50 years of wedding photography, I only took one client to court for the unauthorized reproduction of my work.
They purchased a large package, 3- 50-page albums and a 16x20 portrait. After I delivered the job, I got a call from one of my part-time assistants who worked in a local colour lab. He informed me that the bride's dad came there and ordered copy negatives and a batch of large prints. I approached the lab management and told them that they are gonna be implicated in a lawsuit so they released copies of the invoices to me as evidence. I took the clients to small claims court and the judge ruled against them.
They had to return all the copied material to me and pay me to make legitimate copies.
My contract stipulated that I hold the copyright and unauthorized reproduction is therefore prohibited.
The notice of copyright was stamped on the back of the prints and mounts and some of them were signed. The bogus copies were terrible- the original prints were on textured paper and lacquered- it was a mess! I sued for damages in that my signature was on the prints and my reputation was therefore jeopardized. . The judge said that small claims court does not award such punitive damages but he thought his ruling was compensatory enough.
It seems that the contractual agreement between the parties was enough protection. My contract also contains an intrinsic model release that allows me to use the image for display, samples of my work and teaching purposes.
I did not enjoy taking a client to court- its aggravation! In a way, it can be bad PR in a community but on the other side of the coin, I had to let folks know that they have to honour their agreements. I'd rather folks tell me if they want something that is beyond their budget and we will work things out. In that case, they could well afford my services and the ended up paying me, the colour lab, the court costs, and the paid me again- bad economy. Well- at least they got some decent prints.
I realize that nowadays, in the cyber age, it may be harder to control these issues, but I am still in the ALBUM business- I don't release printable files. If they want a slide show I charge additionally. We have our own video crew and that service is sold separately. If they want some shots for Facebook, etc, I make a small CD and include permission. I don't do high volume- I average 25 weddings per year (pre-Covid). I get clients who want good stuff and don't want to DYI their post-processing or mess with RAW files.