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Wedding contracts/copyrights
Dec 8, 2011 20:07:47   #
achammar Loc: Idaho
 
Hi all,
I just want to get something straight. I'm just starting wedding photography. I've done 8 so far so I'm just getting my feet wet, but I have learned a lot just from those 8. I have never done a contract with any of them, just simply asked if I could put some of the pictures on my web page, and every one of them said yes.
I need to move up and start being legal and safe.
I'm not exactly sure what a copyright exactly means.
What exactly does it mean to give them all copyrights or I keep copyrights, or I've even seen share copyrights. I think I can figure out how to word a generic contract, I just don't understand copyrights or exactly what they entail, or what I am allowed under the 3 I just mentioned.
I assume if I keep copyrights, then I can do whatever I want with the pictures. I also assume if I relinquish all copyrights to them, then I will have to have the contract state their permission to use the pictures on my web site (or anywhere else)...I'm just confused on copyrighting and how I should format my contract. Would it be better to just always keep the copyright if I want to use the pictures??, or would that turn some people away??? And just something I thought of...if the couple sign a contract, what about everyone else that are in any of the images..how does a contract apply to them?
I'm new to this, so any suggestions and clarification would be greatly appreciated.
Thanks!
:-)
Albert

Reply
Dec 8, 2011 21:30:27   #
achammar Loc: Idaho
 
I've been reading online, and I think I figured most of this out. As long as I take the photos, they are automatically mine to do whatever I want with...even display publicly. Of course I will always give the couple permissions to duplicate or share the images as they please, and even give up my copyright if they request. (I think I can do that). I would just delete this question now, but I don't see any way too...

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Dec 9, 2011 06:22:02   #
Mickey88 Loc: Central Florida
 
never ever give up copyright unless you are being paid an outrageous amount of money.

you keep copyright and assign the customer limited usage rights( the right to print for their own personal use, also provide a set of smaller sized files for web usage.)

a good contract will also prohibit altering of the photos in anyway, without your approval, the reason being, some people will alter photos creatively, and actually produce bad pictures, which they post online, friends will ask who the photographer was... they will be given your name, but most likely not told that the customer altered your photo. so now people associate a bad photo with your name..

achammar wrote:
Hi all,
I just want to get something straight. I'm just starting wedding photography. I've done 8 so far so I'm just getting my feet wet, but I have learned a lot just from those 8. I have never done a contract with any of them, just simply asked if I could put some of the pictures on my web page, and every one of them said yes.
I need to move up and start being legal and safe.
I'm not exactly sure what a copyright exactly means.
What exactly does it mean to give them all copyrights or I keep copyrights, or I've even seen share copyrights. I think I can figure out how to word a generic contract, I just don't understand copyrights or exactly what they entail, or what I am allowed under the 3 I just mentioned.
I assume if I keep copyrights, then I can do whatever I want with the pictures. I also assume if I relinquish all copyrights to them, then I will have to have the contract state their permission to use the pictures on my web site (or anywhere else)...I'm just confused on copyrighting and how I should format my contract. Would it be better to just always keep the copyright if I want to use the pictures??, or would that turn some people away??? And just something I thought of...if the couple sign a contract, what about everyone else that are in any of the images..how does a contract apply to them?
I'm new to this, so any suggestions and clarification would be greatly appreciated.
Thanks!
:-)
Albert
Hi all, br I just want to get something straight. ... (show quote)

Reply
 
 
Dec 9, 2011 07:48:11   #
Frank T Loc: New York, NY
 
The one thing I'd like to say is that there is a difference between a copyright and a model release. A copyright legally prevents people from taking your work or a derivitive of your work and publishing it. To make it ironclad you should register the photos at the copyright office which can be done online, cheaply and efficiently. As to using the images of people for commercial purposes you will need a model release from each recognizable person in the photograph. The model release can be worked into the overall contract or exist as a seperate piece of paper.
As you are starting a new business, I would suggest that it would be a wise investment to speak to a lawyer and get all your ducks in a row.

Reply
Dec 9, 2011 08:34:30   #
achammar Loc: Idaho
 
Mickey88 wrote:
never ever give up copyright unless you are being paid an outrageous amount of money.

you keep copyright and assign the customer limited usage rights( the right to print for their own personal use, also provide a set of smaller sized files for web usage.)

a good contract will also prohibit altering of the photos in anyway, without your approval, the reason being, some people will alter photos creatively, and actually produce bad pictures, which they post online, friends will ask who the photographer was... they will be given your name, but most likely not told that the customer altered your photo. so now people associate a bad photo with your name..

achammar wrote:
Hi all,
I just want to get something straight. I'm just starting wedding photography. I've done 8 so far so I'm just getting my feet wet, but I have learned a lot just from those 8. I have never done a contract with any of them, just simply asked if I could put some of the pictures on my web page, and every one of them said yes.
I need to move up and start being legal and safe.
I'm not exactly sure what a copyright exactly means.
What exactly does it mean to give them all copyrights or I keep copyrights, or I've even seen share copyrights. I think I can figure out how to word a generic contract, I just don't understand copyrights or exactly what they entail, or what I am allowed under the 3 I just mentioned.
I assume if I keep copyrights, then I can do whatever I want with the pictures. I also assume if I relinquish all copyrights to them, then I will have to have the contract state their permission to use the pictures on my web site (or anywhere else)...I'm just confused on copyrighting and how I should format my contract. Would it be better to just always keep the copyright if I want to use the pictures??, or would that turn some people away??? And just something I thought of...if the couple sign a contract, what about everyone else that are in any of the images..how does a contract apply to them?
I'm new to this, so any suggestions and clarification would be greatly appreciated.
Thanks!
:-)
Albert
Hi all, br I just want to get something straight. ... (show quote)
never ever give up copyright unless you are being ... (show quote)


Thanks Mickey88!
I wanted to keep copyrights anyway, so that's what I'm going to do in most cases. Although I never thought about it in normal circumstances, but I know what you mean by someone altering photos and posting them online. I have some wedding photos that I did and posted on Facebook of my sons wedding. Other people did the same thing of nearly the same shots and they look really bad. Since I have my link posted on my profile and almost all my posts, and everyone there knew who the photographer was, I'm sure some people put 2 and 2 together and assumed I took the ones that look bad also..which irritates me...so good point..I will put that in my contract.

Frank T wrote:
The one thing I'd like to say is that there is a difference between a copyright and a model release. A copyright legally prevents people from taking your work or a derivitive of your work and publishing it. To make it ironclad you should register the photos at the copyright office which can be done online, cheaply and efficiently. As to using the images of people for commercial purposes you will need a model release from each recognizable person in the photograph. The model release can be worked into the overall contract or exist as a seperate piece of paper.
As you are starting a new business, I would suggest that it would be a wise investment to speak to a lawyer and get all your ducks in a row.
The one thing I'd like to say is that there is a d... (show quote)


Thanks Frank T!
That is also good information. I wasn't aware of the difference between a model release (or what one really even was) and a contract but did wonder how a contract could possibly apply to every person at any event. So that makes perfect sense. That helps me know what I need to do now.

Thanks again and I will bear all this in mind!
:-)
Albert

Reply
Dec 9, 2011 20:54:57   #
Photography2 Loc: Wi.
 
Just Google Model release,and Photographers wedding contract you will find some generic forms you can just print out and use or modify to fit your own needs.

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Dec 10, 2011 12:27:50   #
achammar Loc: Idaho
 
Photography2 wrote:
Just Google Model release,and Photographers wedding contract you will find some generic forms you can just print out and use or modify to fit your own needs.


That definitely sounds like the easiest. That's what I will try first.
Thanks!
:-)
Albert

Reply
 
 
Dec 10, 2011 17:01:46   #
rmbanas Loc: Michigan
 
Check out photographerstoolkit.com
John Mirales sells contracts and releases in a PDF format that will cover you in any circumstance. They are used by photographers all around the world.

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Sep 10, 2012 02:41:31   #
reenilswin Loc: UK
 
I have read your whole case and first of all, I want to explain you something about what is photography copyright. Copyright is a legal concept which is provided in almost countries. Copyright gives artists the exclusive right to publish, adapt and license their work for a financial benefit. And in photography copyright, it gives an opportunity to publish, adapt and license on their photographs.

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Sep 10, 2012 03:07:23   #
BHC Loc: Strawberry Valley, JF, USA
 
achammar wrote:
Hi all,
I just want to get something straight. I'm just starting wedding photography. I've done 8 so far so I'm just getting my feet wet, but I have learned a lot just from those 8. I have never done a contract with any of them, just simply asked if I could put some of the pictures on my web page, and every one of them said yes.
I need to move up and start being legal and safe.
I'm not exactly sure what a copyright exactly means.
What exactly does it mean to give them all copyrights or I keep copyrights, or I've even seen share copyrights. I think I can figure out how to word a generic contract, I just don't understand copyrights or exactly what they entail, or what I am allowed under the 3 I just mentioned.
I assume if I keep copyrights, then I can do whatever I want with the pictures. I also assume if I relinquish all copyrights to them, then I will have to have the contract state their permission to use the pictures on my web site (or anywhere else)...I'm just confused on copyrighting and how I should format my contract. Would it be better to just always keep the copyright if I want to use the pictures??, or would that turn some people away??? And just something I thought of...if the couple sign a contract, what about everyone else that are in any of the images..how does a contract apply to them?
I'm new to this, so any suggestions and clarification would be greatly appreciated.
Thanks!
:-)
Albert
Hi all, br I just want to get something straight. ... (show quote)

Copyright is ownership of the image and the exclusuve authority to issue the RIGHT TO COPY.

Reply
Sep 10, 2012 11:49:37   #
rmbanas Loc: Michigan
 
If they are at a wedding they should have a reasonable assumption that they may be in a photograph and no release is required.

I would not give up a copyright. You may however provide them with a release for printing purposes. You should also state in the printing release that they are for their private use only and cannot be used for commercial purposes, that way other vendors and venues can come to you for permission to use any images and you can deal with them however you see fit.

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