etiquette/legal question: member of wedding party requesting photos of herself

[onagraceous]

I hope someone here can help me answer this etiquette/legal question regarding a wedding I recently photographed.

One of the bridesmaids is requesting photos of herself directly from me as she has not heard from the bride since the wedding (Nov. 21). The bride selected a few pictures with her in them, but not all pictures of her.

Logic tells me that I should be able to show her the images with her in them since, well, she is in them!!! I would, of course, charge her for the images (since I charged the bride) except for the images the bride plans to give her anyway. If I were to send her photos other than those already given to the bride, I would have her sign a Model Release Form, etc.

Is my brain on the right track on this one, or is there some protocol or legal issue I'm missing here?

-Ona

 

[Phranquey]

As I see it, unless you contractually gave up rights to the photos, they are still yours to sell to anyone at the wedding. Although it might still be good etiquette to contact the couple, you don't technically require their permission.

You wouldn't need a model release unless you were going to sell the photos for advertising purposes... Say you knew who the designer of the wedding dress was, and you approached them with a couple photos of the bride wearing it. In order for them to use the photos to advertise their design, you would need to give them a release from the bride.

 

[PhotoXopher]

Sounds like double dipping to me...

Bride and groom paid for your services, now you're selling the images from that service to others.

I dunno, sounds kinda shady to me - but I've always had a hard time understanding this aspect of it.

 

[Phranquey]

Sounds like double dipping to me...

Bride and groom paid for your services, now you're selling the images from that service to others.

I dunno, sounds kinda shady to me - but I've always had a hard time understanding this aspect of it.

I don't know, maybe one of our wedding pros will step in, but the way I see it is if the B&G have already picked their shots and some other people want photos from the wedding they were at....why not??

 

[AlexColeman]

Depends on how you sold to B and G.

 

[Big Mike]

I don't see any problems with selling photos to the bridesmaid.
Unless the bride was planning to give that bridesmaid some photos as a gift, but even then, it shouldn't be a legal issue or anything like that.

Many photographers (myself included) will even put up all the finished photos onto their website, and allow anyone to purchase them.

 

[willli]

Technically you can sale the photos to whoever you want unless it was a addendum on the contract who prohibit that action. The photograph material belong to the photographer not to the bride or groom, unless that was estipulate on the contract.

Now morally I will contact the Bride and asking if she are thinking to give a photo gift to that person or if she have any conflict with the person and maybe she do not want to that person had her wedding photos.

 

[PhotoXopher]

My head hurts now.

 

[Heck]

Bridesmaids and groomsmen spend money time and effort to take part in a wedding. And I been a groomsmen 2 times and never even got to see a damn photo let alone get a good one. Sell the photo and tell no one.

 

[onagraceous]

My question isn't really about selling the photos. I don't care about getting money. I just want to be fair to all parties, and make sure that if I allow this person to have photos of herself that I won't be breaking any laws.

The reason I ask this question is that the bride has refused for this bridesmaid to have photos of herself. In my mind, her decision to keep photos of the bridesmaid but not even give copies of these photos to the bridesmaid is a complete jerk move...

I just want to be the good guy here.

Is it wrong to want to give someone photos of themselves?

P.S. The bride has implied to me that she does not want anyone to use the photos for any purpose (myself included) but she has not requested exclusive rights to the photos at this point.

 

[Phranquey]

Legally the photos are yours... the bride cannot ask for rights after the fact, this is to be decided at contract time. You can inform her of this and tell her that part of your business is also providing the opportunity for others at the ceremony to purchase photos. As Big Mike stated... "Many photographers (myself included) will even put up all the finished photos onto their website, and allow anyone to purchase them."

Sounds like the two had a fallling out. Now, your dilema is - do you piss off the bride and get bad word of mouth.

 

[onagraceous]

The bride and bridesmaid are the ones who had a falling out, and the bride has just been difficult with me in general from day one.

She's already not letting me use the photos I did give to her, and I'm already fed up with her so I don't care at this point if I piss her off. She has been asking for more than I promised to provide the entire way, and I have given in all along (but charging her for the additional services).

I'm not too worried about word of mouth. I have upheld my end of the deal all along and don't plan to stray at this point.

 

[Phranquey]

She's already not letting me use the photos and I'm already fed up with her so I don't care at this point if I piss her off.

If you are that nervous about the legality, talk to a lawyer. Many of them give free consults, or might charge you a minimal fee for a short conversation and direction. Otherwise, I wouldn't worry about it.