Hi, wedding folks! This post appeared in the general photography section of the HOG and I thought it should have been posted here in the WEDDING PHOTOGRAPHY department where actual working wedding photographers could furnish their input, opinions, agreements, and rants:
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Lynn J wrote:
I was at my niece's wedding recently. Prior to the ceremony, an announcement was made that we were to put away our cameras, as only the wedding photographer would be taking pictures throughout the wedding. This seemed unusual, as at other weddings I have been to, everyone and their uncle is taking pictures with their cell phones and other cameras. It wasn't long after the ceremony was over that people had their cell phones out and were snapping away. During the couple's first dance, the hired photographer became upset and made an announcement that in her contract with the couple it stated that no one else was allowed to take pictures during the wedding. (This was an uncomfortable situation. Some people stopped and others ignored her. It wasn't long before a bunch of cameras were clicking again.)
My question is: Does a hired photographer have the legal right, even with a signed contract with the wedding couple, to prohibit other people at a wedding from taking pictures?
Thank you.
I was at my niece's wedding recently. Prior to the... (
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There were many responses to this question and I feel strongly that it is worth the time, for wedding shooters, to go back there and give it a read. There was a wide variety of attitudes, some that were friendly and encouraging to serious wedding shooters and some which were full of many misconceptions, misapprehensions and unappreciative notions about the real job, the pressures undertaken and the responsibilities of the professional wedding photographer. I decided to write this “blog” to set forth a better understanding and dispel some of the underserved rhetoric that is often bandied about by amateurs who don't really understand the role of the professional wedding photographer. I decide to post it here because the original post is old, has long been scrolled away and I believe that what I have to say is important. So here's what I was gonna post on the original thread- it is here instead, please take it for what it is worth.
Here it is:
This seems to be an old thread that has been scrolled back up again and it is a topic or issue that has been discussed many times but still has relevance, at least to anyone who is seriously interested in wedding photography as a professional career, or serious part-time avocation. There are numerous posts here with many valid and intelligent points and opinions and some with issues that let's say, for the sake of civility and diplomacy, are somewhat debatable!
For those of you who do no know me, here's a brief bio: I have been involved in professional photography for 58 years-I started early, at the age of 14 as an apprentice (a nice word for janitor and gofer) in a New York City portrait/wedding studio. Wedding photography was my entry level job and I shot my first solo wedding at the age of 16. Wedding photography and fine portraiture remand part of my employment, freelance work and eventually my own business right up until the present and at 72 years of age, I am still shooting. I have probably photographed more weddings than most of my colleagues, cohorts, and online buddies- probably in the thousands! This volume of work is not because I am the greatest wedding photographer in the world but because of my very long tenure in the business and the fact that I worked for many years in New York City with its dense population and in an era when the “wedding industry” was booming at an exponential rate of growth. As an independent freelancer affiliated with several studios, each serving it specific ethnic, cultural, religious and societal group, in the season, I would work just about seven days a week and at least on four assignments per week even in the so-called off season. The studios networked closely with many catering establishments (wedding factories as the were called back in the day) , hotels, halls, florists, wedding planners and other vendors and service people. There were a lot of kickbacks, payola and all sorts of shenanigans but there was no shortage of work for a competent and ambitious photographer- that would be me! One of my arguments is that there is still room for great PROFESSIONAL wedding photography even in this day and age of digital photography and mass amateurism. OK- I have been around for a long time but I am a progressive guy. I shoot traditional bridal portraiture, photojournalism and lots of stuff in between. I seldom advertise but still book at a decent rate and all of my business comes in on a referral basis. I do not work at cheap rates- my minimum order is in the $5,000+ range and most of my final orders exceed that figure. I know that rates like this will not go over well in all geographic locations and in all socioeconomic circumstances but I want to make a number of important points that have to do with this thread and more!
So here is part of my rant! There is a lot of “sour grapes” in many of the arguments in this and other threads- people saying that there is no money or profit in wedding photography anymore! I disagree! My philosophy is that if you have a superior product, great service, outstanding images and good promotional and business savvy, you can successfully sell your product and services at a huger price and a decent level of profit. Folks are willing to pay more for what the perceive as better value. People that are unsuccessful in the wedding photography business are either not producing anything of exceptional value, have little or no business acumen, or quite possibly, have the required artistic and business talents but, sadly enough, they are killing themselves in the wrong marketplace. This may seem mean and harsh but I have observed this for a very long time and I know that I speak the truth! Sometimes the truth is bad news- I hate to deliver bad news but it sometimes it helps folks to realize things, improve their attitudes and then that can lead to the creation of good news!
Some folks are of the opinion that professional wedding photographers want to restrict others from taking pictures at their wedding assignments because they don't want any competition and other folks taking pictures will cut down on the “print sales”! This is a typical misconception and example of poor business practices on the part of many wedding shooters. In my own case, I have never taken on a wedding assignment on speculation. If I am gonna spend an entire day on the job and many hours of detail work- pre and post production- ain't no way I am not gonna get well paid for my time, talent, efforts, materials, assistants fees and all my overhead expenses related to the job at hand and that includes a fair and decent profit. It costs money to run a business and we all need to eat, support our families and maintain a decent lifestyle- that's why we work hard and always seek to satisfy our clients who entrust us with their wedding photography and pay us with their hard earned money! What I am advocating here is not a mercenary attitude, it's just good business. If I can not make a living from my work, pay my employees well, cover my business expenses and show a profit, I can not remain in business and continue serving my community with good work and good service.
There is also a serious misconception that amateur photographer can produce work that is as good as or better that many or most professionals. OK, granted, there are many talented and artistic amateurs out there and perhaps there are occasional cases of “beginner's luck” but competent, consistent and high-quality wedding photography requires many skill sets that may not be apparent, on the surface, to the average amateur photographer. One of theses attributes is CREATIVITY AND PERFORMANCE ON DEMAND. Covering a wedding properly is not a casual or hobby kind of thing- it's a serious assignment and a one-time event that can not be repeated or re-shot! One has to be ready to perform at a very high level regardless of one's mood, physical wellness, or state of mind! If you ain't in the mood, are suffering from a headache or become uninspired, you can't opt out and do it some other time! You can't join the party and participate in the celebrations, you can not become even mildly intoxicated, you can't chase the pretty bridesmaids or handsome groomsmen around the venue in order to “socialize” because you are there to work! There is no room for delays, lateness, tardiness, laziness or any kind of procrastination! Preparedness is mandatory, essential and of the utmost importance. You need to own spare equipment so that you can cope with any malfunctioning gear issue which can occur at the most inopportune times as per Murphy's Law!. You must make sure you vehicle is in perfect operating condition and allow plenty of additional time for travel. Every move has to be carefully pre-planned with your clients and even the best-laid plans can go wrong, so you have to be able a ready to shift gears to accommodate just about any unwelcome or unknown surprise.
You camera operation have to be swift, nimble and just about second nature because there is no time to fumble with your equipment. The consummate wedding pro has a good grounding in formal portraiture and group photography as well as fast photojournalistic skills. A comprehensive knowledge of traditional, religious, ethnic, civil and even unorthodox wedding procedures and customs are prerequisite to proper wedding coverage in that the photographer always has to be at the right place or position at the right time to capture all the essential images and any and all the impromptu situations that may pop up.- one must know how to anticipate the action! All of this comes with proper training, education and most of all and most importantly, experience!
OK- as to the original question about the restriction of OTHER PHOTOGRAPHERS shoot at professionally covered weddings. In my own case, for many decades, I have had certain clauses in my contracts stipulating that I am the official and exclusive photographer for the event and that no other photographer, amateur or professional, can photograph the event or operate any photographic or lighting equipment without my approval and supervision. Here's the philosophy: I have no intention of becoming a wedding dictator or a bully! I don't want to push folks around or curtail their enjoyment of the wedding celebrations or their picture-taking fun activities. I just want the have the authority and the permission of the bride and groom to control things if they really get out of hand to the point where theses activities will seriously hamper my efforts to do my work in a reasonable and effective manner. In all my years on the job, I may have had to enforce this “authority” on three or four occasions where the amateur shooters really became overly obnoxious, interfering and totally distracting. This is where the photographer requisite PEOPLE SKILLS come into play. The fact is if you put out good friendly yet professional “vibes” most folks are nice and accommodating and will return your good vibes in kind and cooperate.
As for the legalities: I am not a lawyer but I can tell you that we live in a combative society- that's where folks are always suing each other. Again, in all my years in this business, I have never heard of a professional wedding photographer taking action against an amateur photographer, a wedding guest or someone's Aunt Tilly, Uncle Oscar or Grandma for “unauthorized” picture taking at a wedding. So- this question of third party binding or interference is all moot and somewhat silly. I have, however, have heard of numerous cases where significant and serious lawsuits were launched against “professional” wedding photographers for non-performance, incompetent results and all kinds of other real or imagined complaints and therefore, is it not wise and prudent for professional photographers to take certain protective and preventative measures, on behalf of their clients, to preclude serious third-party interference in the performance of their contractual duties? Think about this.
So again...I have said that I don't wanna be a wedding photographer bogeyman but let's look a the downside of uncontrolled amateur participation in your professional wedding photography coverage. Let's be fair and examine both side of the argument that a wedding should be a free-for-all for all the folks with cameras, cell phones and all of the other various and sundry devices that can be used for takin' pictures. I always tell my brides and groom about overzealous amateur picture taking and how it can become obnoxious, distracting and invasive. Most folks listen and try to curtail, minimize and avoid too much of this activity. Let's be honest and realistic- some folks don't listen to any professional advice even when the pay dearly for it- they don't listen to their doctors, their lawyers, their accountants, their plumbers or their contractors- let alone their photographers. Some people put out their money and the proceed to sabotage the efforts of their own paid professionals- it part of some people's human nature. Then they complain bitterly if or when things go wrong! So what can go wrong? Plenty! Read on!
Amateur photographers, shooting “over you shoulder” can cause all kinds of distractions when you are trying to shoot formals, groups, casual portraits or romantic images. Here is where expression, eye directions and alertness count and all kinds of extraneous activities can be totally counterproductive, delay things when time restrictions or limited windows of opportunity are factored in. Whenever possible I always try to isolate the couple, their bridal party and their immediate families for theses sessions. Even were strictly candid or photojournalistic scenarios are concerned, well-meaning but annoying folks can dive in front of your lens where split-second shooting is required. Worst of all, a “Paparazzi” of cell phone shooters and “selfie seekers” can disrupt sacred ceremony situations and cause the ejection or admonishing of all the “:photographers” by the church officials, including the hired professional who has been completely non-obtrusive and discrete during the entire ceremony. Sadly and unfortunately enough, I have seen things like this go down!
Please see part 2...