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Savvy June 2021

Photography and Privacy Policy?

Amy, on November 8, 2020 at 11:37 AM Posted in Community Conversations 0 20

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Hi all, I was just wondering if anyone else has thoroughly read through their photography contract. Almost every contract I've read talks about the photographer/ videographers right to use your photos for their own advertising purposes and in some cases post pictures/ videos on their website/ Instagram and Facebook pages.
I have even seen this language in some wedding planner contracts, and I am flabbergasted. Just because you helped to plan my event doesn't mean you have the right to publicize it. I'm paying for that service.

I understand most people may be active on social media all the time and might not care about this. But for me personally, I rarely if ever post pictures of my family on Facebook in any sort of public way. I only share them with family and friends directly. I feel since it's a private event and I'm paying thousands of dollars for my photographs, that they should belong to me. I'm not getting a free service. I'm not sure why they think they have the right to carte blanche use private photos for their own advertising purposes.
My ceremony and reception is a small, intimate event for that very same reason, because that's the way I want it. It's not a public event meant to be shared with the world. I have even seen some photographers make each client's entire collection public on their website. Thousands of images of private families, maternity, etc available for all to see.
I think I would have no problem if some of the photos turned out well to their liking, if they ask permission to use those specific photos for their own purposes, but that doesn't seem to be how anything is written. I myself do some photography on the side and I wouldn't dream of putting personal pictures or anything online for my own personal purposes or business purposes unless I ask permission, which I do on every occasion.
Am I the only one bothered by this?

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20 Comments

Latest activity by Michael, on November 21, 2024 at 6:04 PM

Rockstar July 2022
Lisa · on November 8, 2020 at 11:43 AM
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If you found a photographer that you want to book who has that listed in the contract, maybe ask if that can be removed from the contract? I'm sure if you specified your concern and that you don't want your photos used, I would think many photographers would be understanding and accommodating of that.
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Master September 2019
Sarah · on November 8, 2020 at 11:55 AM
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You can absolutely ask them to remove any clause giving them the right to post your pictures if it’s not something you’re comfortable with, but this is pretty standard. You signing the contract is equivalent to them asking permission and you granting it.
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Savvy June 2021
Amy · on November 8, 2020 at 11:58 AM
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Thank you! I hope so. My wedding planner was totally fine with this, but I had one photographer not even respond to me when I asked about her privacy policy LOL.
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VIP July 2017
Becky · on November 8, 2020 at 12:03 PM
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This is not an unusual clause at all. If you don't want your pictures posted to their portfolio pages, then you can ask, but they're likely not going to accede to your request. They want to be able to advertise their business, and their business involves other people's special and private moments.
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Master October 2020
Yasmine · on November 8, 2020 at 12:47 PM
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Simply ask them to remove that clause from the contract if you don't feel comfortable with it.
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Savvy June 2021
Amy · on November 8, 2020 at 12:47 PM
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Thanks all, I asked the new photographer and she said she'd be happy to change it!! Thank God.
She said they will change it for a clause stating that they will have promotional use on 3-4 images approved by the bride and groom as well as the use of the highlight only upon approval of the bride and groom.
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Master April 2021
Mrs. Spring · on November 8, 2020 at 2:12 PM
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Yes ma'am, I'm very bothered by it. I will definitely be asking to nodify or remove that clause in the contract.
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Master 0000
Judith · on November 8, 2020 at 2:13 PM
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We turned down each photographer who would not remove that from the contract, and put in that we, the couple who are the subjects of the pictures, own all rights to our photos, and any electronic memory cards or disks or storage. A couple said, well that is our policy. We walked on those. 3 said, we put that in all contracts, so we get lots to use for advertising our work. And agreed to take tat out, and make us sole owners. In the end we went with one of the photographers who did not offer that kind of contract, and told us, your photos, and all product of the sessions you paid us for, are yours. 2 years later found from a girlfriend who married near where we did, that their photographer was one who would not change the contract, that that phot. did not just use them for her advertising. Traveling to Denmark, they found she sold photos to advertising firms. Headache pills, a sha ing ad, ads for a phone with a high grade camera. They tried to stop it, bit the lawyer who followed up found that many people have gone to court, and lost. They can make 100,000 selling a large number of your shots for afs. And can sue you if you sell or allow your images to be used for anything.
Refuse.
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Master October 2021
Sexypoodle · on November 8, 2020 at 2:47 PM
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Nope. I don’t have a problem with it. I hired them for something as special as my wedding. So I don’t see the harm in assisting them with future business. I’m sure 100% of our photographers, and even other vendors (wedding planners, cake bakers, etc) were selected after looking at many pics of weddings they worked. Additionally, one of my main suggestions when hiring a photographer is to view entire pics from 1-2 wedding they shot. Doing so allows couples to fully see the photographer’s style and work.... versus only seeing random individual, hand-picked “perfect” shots. HOWEVER, if you don’t want your vendors using pics from your wedding to advertise the wonderful work they perform, then certainly let them know that before signing any contracts.
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Super October 2022
Michele · on November 8, 2020 at 3:03 PM
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I agree with this. Unless you are marrying a celebrity (or are one yourself) and don't want those pictures leaked, I honestly wouldn't be concerned because it's standard practice for any vendor to show off past work.
Ask to have it removed or find someone who doesn't include it.
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Super March 2021
Kimberly · on November 8, 2020 at 3:34 PM
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This is very common because while it is their business and they must be able to promote their business for future business, it is also their art. Photography is an art form and the artist ultimately owns the art so they do have the right to use it as they see fit. I find it very rude to ask an artist to remove that from their contract. Yes you are paying them, but you are paying them for their artistic vision. Respect the art.
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Master April 2021
Michelle · on November 8, 2020 at 4:43 PM
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You’re not alone in this. Some really don’t care while others do. Tell your photographer you want that removed before you sign anything.
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Savvy June 2021
Amy · on November 8, 2020 at 5:23 PM
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Thank you dear!
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Savvy July 2021
Catherine · on November 9, 2020 at 5:27 AM
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You aren't alone in this. Just ask the photographer if that line could be removed from the contract, I think it's not an unusual request
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Super April 2021
Tiger Bride · on November 9, 2020 at 8:36 AM
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I'm actually hoping my photog uses our pics for social media, I feel like it would be cool to be featured.
The person who takes the photos owns the rights to them, not the subject. As another poster said, most photographers are hired based on previous pictures they have taken, so the photographer needs to post these pictures to showcase their portfolio. I would not select a photographer based on this criterium.
It's not like it's a boudoir shoot so I don't really see why it matters. To each their own I guess.
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Just Said Yes February 2022
Tamara · on October 1, 2021 at 3:32 PM
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This is super helpful. I have proposed (no pun intended, ha!) some language to our photographer where we mutually agree on 6 images she can use for promotional purposes. Anything further, she needs our consent.
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Devoted September 2021
Jay · on October 1, 2021 at 4:09 PM
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I’m sure you can find a photographer willing to make an exception or adjust their contract. Just be polite while asking—any creator owns the copyright to their work, whether that’s photo, video, floral design, etc. It’s not the client’s simply because they have paid for it or are the subject.
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Just Said Yes February 2022
Tamara · on October 6, 2021 at 3:34 PM
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FYI, very happy on the language we agreed upon. Here it is, in case helpful to anyone else:
Copyright and Reproductions: The Photographer shall own the copyright in all images created; provided, however, Photographer acknowledges that the event is a personal and intimate celebration. Client and Photographer will agree on up to six images that Photographer may use for her own marketing and promotional purposes in any mode, method, or medium, including use of the images in marketing materials, portfolio entries, sample products, reproductions for sale to third parties, editorial submissions, or use, or for display within or on the Photographer’s website and/or studio ("Promotional Purposes.") Should Photographer wish to use additional images of the event or any individuals present at the event for Promotional Purposes or for other uses, the Photographer shall not do so without first obtaining Client's written permission. Photographer agrees not to use or share Client's entire "gallery" of photographs as a sample of her work.
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Just Said Yes April 2025
Julia · on November 21, 2024 at 3:33 PM
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Along that topic, we got 200 pictures from our engagement session. Before downloading and sharing, the photographer said we can ask him to remove pictures. There are a few that I don't like (we look uncomfortable, awkward, etc), black and whites I don't like and a bunch of duplicates. I'm also trying to minimize the number we send to everyone to not overwhelm. Is it rude of me to ask him to take out, like, half? I'd like to just have the best of the best.
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Rockstar October 2023
Michael · on November 21, 2024 at 6:04 PM
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It sounds like he had all the pictures publicly available?
We ended up going without a professional photographer. One place I was looking at required another thousand or so to own the copyrights. It sounds much better if the photographer works out some deals to pay royalties back if they make a good deal with them. I know it would be unlikely, but I wouldn't want to see my image on honeymoon ads and be out of the loop in approving it.
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