Client's Photo Usage?

[tirediron]

...The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Assignment, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium....

You might want to run that bit by a lawyer; unless laws are radically different in Iowa, one adult cannot normally grant on behalf of another (with certain exceptions relating to capacity, etc).

 

[DGMPhotography]

...The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Assignment, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium....

You might want to run that bit by a lawyer; unless laws are radically different in Iowa, one adult cannot normally grant on behalf of another (with certain exceptions relating to capacity, etc).

I feel like it would be difficult to get a photo release from EVERY guest at a wedding...

 

[tirediron]

...The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Assignment, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium....

You might want to run that bit by a lawyer; unless laws are radically different in Iowa, one adult cannot normally grant on behalf of another (with certain exceptions relating to capacity, etc).

I feel like it would be difficult to get a photo release from EVERY guest at a wedding...

Indeed it would, I would put the responsibility on the couple with a line such as, "...the clients assume the responsibility for ensuring all guests are aware that the event will photographed and that their guests waive all rights to those images...." you'll need to have an IP/contract lawyer massage it, but that's the general idea. I recently covered an event sponsored by the federal government and they had a sign at the entrance stating that photos would be taken and published and entry implied consent.

 

[KmH]

...The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Assignment, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium....

You might want to run that bit by a lawyer; unless laws are radically different in Iowa, one adult cannot normally grant on behalf of another (with certain exceptions relating to capacity, etc).

Or in Virginia - where the OP is.

 

[astroNikon]

This thread has given me a new direction in life.

I can see now that I'm going to have to go into business as a professional photographer if for no other reason than to enable me to set my own prices.

Didn't need any more to do, so thanks a lot.

as soon as I figure out how to squeeze another 12 hours in to a day I'm changing direction too ...

 

[tirediron]

...The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Assignment, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium....

You might want to run that bit by a lawyer; unless laws are radically different in Iowa, one adult cannot normally grant on behalf of another (with certain exceptions relating to capacity, etc).

Or in Virginia - where the OP is.

Mehh... it's all the same. Northern Mexico is Northern Mexico!

 

[bluewanders]

here we go again....

look. heres the deal.
this is not 1954. people do not view their photos the same way that they did 30-40 years ago.

True... but... one of the problems with today's methodology is that everyone (myself included) has probably tens of thousands of digital files stored electronically that they never look at. Providing prints forces people to actually look at them. What I do, when requested (and it doesn't come up a lot because the majority of my client base is 60+ and they LIKE prints) is to provide complimentary social media files. These are 800pix/72ppi files. BUT... they only get these for the images that they purchase as prints.

My "business" model is fairly simple, but I'm not a full time pro like you and I don't know much about your model, where I differ or don't.

I charge people up front for my time. It isn't a deposit, it is an initial payment... that distinction is important in the contract, at least in my state... so before any photos are ever taken, they've already paid the session fee that covers my time for the shoot itself (and time spent with them selling etc). After that, everything is a la carte.

People want digital images... most of them don't want physical prints anymore, I've had many people straight up turn down free prints because they simply hold no interest. People are living their lives online now... they see most of their friends online, at least the ones they interact with daily... they converse in large groups about photos with each other online... when they get together at parties and other events they show each other photo albums on their phone... they turn their images into memes, they bring them back up in the future with features like Facebook Memories... they want better pictures than their friends are posting online, pictures that are somehow more interesting.... and they generally only want a few photos at a time. They don't want to choose from a hundred or more options... they want a curated selection of the best shots to choose from... and they rarely want more than a dozen total keepers.

With that in mind... I do sell prints, but I don't mark them up much. I make my money a la cart by charging a processing fee per photo selected from the group. Those are the only photos I touch in lightroom/photoshop... and they get a digital file processed for whatever social media sites they plan on posting the images at. They never get a full res photo... if they need one they have to contact me again... I make that clear to them. I select a number of photos from the session show them the sooc jpg on an ipad and allow them to look at it right there while sitting down with me. They select the photos, I process them and deliver. They know if they print one of the photos it will look bad... I show them, I can't control if they do print one of the low rest photos though... and frankly I don't care enough to police it. There's very little money in prints, for me at least.

Since the processing fee is fairly steep per photo... I'll often pick my favorite photo from the set and have it printed for them gratis. Sometimes this prompts them to have their favorites printed... most often I've already been to their house and seen they just don't have stuff up on the walls etc... modern minimalist living seems to be pretty prevalent.... many people seem to keep most of the decorations in their life where they use them, online.

 

[tirediron]

That's an interesting approach. Going that route never occurred to me, but I can see how it would work well for a lot of the retail segment, especially the <50 year old crowd.

 

[DGMPhotography]

...The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Assignment, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium....

You might want to run that bit by a lawyer; unless laws are radically different in Iowa, one adult cannot normally grant on behalf of another (with certain exceptions relating to capacity, etc).

I feel like it would be difficult to get a photo release from EVERY guest at a wedding...

Indeed it would, I would put the responsibility on the couple with a line such as, "...the clients assume the responsibility for ensuring all guests are aware that the event will photographed and that their guests waive all rights to those images...." you'll need to have an IP/contract lawyer massage it, but that's the general idea. I recently covered an event sponsored by the federal government and they had a sign at the entrance stating that photos would be taken and published and entry implied consent.

That makes sense.

 

[tecboy]

Why can you hire a real lawyer? On your previous thread, your contract seems confusing. You seems you don't know what you are doing. A lawyer helps you eliminate all your guessworks, and answers all your questions.

 

[Light Guru]

Why can you hire a real lawyer? On your previous thread, you contact seems confusing. You seems you don't know what you are doing. A lawyer helps you eliminate all you guessworks, and answers all your questions.

ALL contracts should be gone over by a lawyer! If you don't have that done you could still get screwed over because you may have a bad contract. For example the OP had another thread where his contract said that all people attending the event had given him permission to use photos of them in any way he wanted and the contract was only signed by the event host. There is no way this would ever hold up because each person there had NOT agreed to it.

 

[DGMPhotography]

Why can you hire a real lawyer? On your previous thread, you contact seems confusing. You seems you don't know what you are doing. A lawyer helps you eliminate all you guessworks, and answers all your questions.

You're assuming I haven't already.

Why can you hire a real lawyer? On your previous thread, you contact seems confusing. You seems you don't know what you are doing. A lawyer helps you eliminate all you guessworks, and answers all your questions.

ALL contracts should be gone over by a lawyer! If you don't have that done you could still get screwed over because you may have a bad contract. For example the OP had another thread where his contract said that all people attending the event had given him permission to use photos of them in any way he wanted and the contract was only signed by the event host. There is no way this would ever hold up because each person there had NOT agreed to it.

That was this thread, btw...

 

[Light Guru]

You're assuming I haven't already.

No i wasn't assuming anything i was simply stating that all all contracts should be gone over by a lawyer.

That was this thread, btw

No it wasn't I was referring to this thread.
Lady asked me to remove her photo from my site?

 

[KmH]

A lawyer helps you eliminate all you [sic] guessworks [sic], and answers all your questions.

We wish.
Not all lawyers are good lawyers.
The better lawyers generally charge more than the not so good lawyers.

 

[Designer]

A lawyer helps you eliminate all you [sic] guessworks [sic], and answers all your questions.

We wish.
Not all lawyers are good lawyers.
The better lawyers generally charge more than the not so good lawyers.

And they tend to specialize.