photography question

[luvmyfam444]

So do photographers that take your pics get to keep the rights to your pics typically? SO they can do whatever thay want with the pics of your kids?
I have a scheduled appt with someone & she said she just gives a CD of the pics taken but she keeps the rights to do what she wants with the pics.

And if you've had any professional pics taken lately - do you remember the rate?

 

[laurie31]

I can't imagine a professional photographer not keeping the rights to the images. It doesn't mean they will do anything with them, but rather that YOU can't go off and have 100 copies made someplace cheap.

They keep the rights to the image, because it was their knowledge and expertise that made it above and beyond something you could take yourself. If you want copies, she deserves to be compensated.

If the photographer gets a really wonderful pic of your child and wants to hang in in their studio as a an example of their work, they usually ask your permission. Most people are thrilled. (DD14's 2 year portrait is still hanging in our local studio. I *love* seeing it every time we go in there!)

 

[luvmyfam444]

Thanks I was thinking they did - because of the copyright (DUH) but I guess I've never been actually told in words per se. AND I haven't used a professional photographer since Facebook. This one puts her pics on there - of course - that's how I know I love her work - but I also hate the idea of my kids being plastered everywhere. But its no different than a website I guess.

 

[tlbwriter]

You MAY have to sign a release if the photographer plans to use your photos for advertising purposes. I'm not sure. Bumping this so maybe someone knowledgeable will chime in.

 

[majimikate]

Part of my contract is a model release stating that I may use images from the session on my website, marketing materials etc. Almost all photographers will require a model release, and most I know do it the way I do, as part of their contract. That gets signed before I take my camera out of my bag at the shoot, or before, when the shoot is booked.
Enjoy your session, hope you get great images!
Chris

 

[Geoff_M]

Absent a signed release, here's the way things would stand legally...
1) The photographer owns the copyright to the images taken of you.
2) However, there are limitations on what the photographer can do with the image. Primarily, they cannot use your image for commercial purposes or generally sell copies of your image to others without your permission. Legally, this is known as "the right of publicity"... that is that unless you agree otherwise, you have the right to control the use of your likeness and to profit from its use.

A signed agreement (or release) could alter all of the above based on what's in the agreement. The photographer could agree to release the copyrights to you (usually for a fee) or grant the photographer the rights to use your likeness for commercial or self-promotional purposes.

 

[tlbwriter]

Part of my contract is a model release stating that I may use images from the session on my website, marketing materials etc. Almost all photographers will require a model release, and most I know do it the way I do, as part of their contract. That gets signed before I take my camera out of my bag at the shoot, or before, when the shoot is booked.

Just out of curiosity, if a client asked to strike that part of the contract because they didn't want their image used in your marketing materials, would you allow it?

 

[majimikate]

Just out of curiosity, if a client asked to strike that part of the contract because they didn't want their image used in your marketing materials, would you allow it?

It would depend on the situation, but generally, I would not. Part of the way photographers develop additional business is by marketing their portfolios, in person, on their studio walls, marketing materials, facebook etc., so not being able to use images from particular shoots are limiting to the photographers ability to bring in new work and clients.

There are exceptions, when I do work for charities, I don't ever ask for a release, but generally, in my day to day business, I do.

Chris

 

[dodukes]

Part of my contract is a model release stating that I may use images from the session on my website, marketing materials etc. Almost all photographers will require a model release, and most I know do it the way I do, as part of their contract. That gets signed before I take my camera out of my bag at the shoot, or before, when the shoot is booked.
Enjoy your session, hope you get great images!
Chris

This is exactly how I have mine worded. I basically use it just in a CYA scenario but I do have promotional material like postcards and my website that if I really liked the shot I would use it in.

Just out of curiosity, if a client asked to strike that part of the contract because they didn't want their image used in your marketing materials, would you allow it?

Depends but I would agree if it was a real problem, I can see people not wanting their kids pictures distributed, I have only happened once. I find most people are flattered that you would want to use them/their kid in a promotional type way.


What I tend to do to be ont he safe side, I use my friend's kids images (even if they are older) to do most promotions that way I dont worry about it so much even tho I have the releases. I have yet to have a problem.

I also ask parents if tehy want to password protect their online gallery, I dont do it as default so it has to be requested.

It would depend on the situation, but generally, I would not. Part of the way photographers develop additional business is by marketing their portfolios, in person, on their studio walls, marketing materials, facebook etc., so not being able to use images from particular shoots are limiting to the photographers ability to bring in new work and clients.

There are exceptions, when I do work for charities, I don't ever ask for a release, but generally, in my day to day business, I do.

Chris

I dont post any sittings on facebook but I do on my website or on postcards.

Let me ask would you rather loose the session than not use that person's kid for a promotion? The way I see it I figured I have plenty of other photos were one isnt really going to kill me and if I were to find something that was AWESOME in that shoot I can always re-ask for that particualr shot.

 

[majimikate]

I use facebook as I do a bit of business with high school senior portraits and as much as I don't care for facebook, it's the best way to reach that market. I have never had anyone question the model release up until this point, I would probably deal with it on a case by case basis if necessary. I also password protect galleries if asked.

Chris