Legal notice/Disclaimers?

Dmitri · Apr 10, 2016

I'm shooting some kids at a small school in a week, and having the parents fill out client info sheets. Do I need, or should I, include some sort of legal disclaimer on the back of the sheet in case I want to use the photos in future adverts for my business? Not sure it would matter since I'll be keeping the sheets, or if it's even necessary to think about.

Thanks

Overread · Apr 10, 2016

In theory you own the copyright unless you've signed that way to the school or whoever you are working for (and I think in Canada at least copyright goes with the person who pays for the work rather than the photographer by default but I could be wrong on that front).

However legalities aside even if you've got full legal copyright I think a permission section would be beneficial. "Please tick here if you do not wish for me to use your childs photos for promotional purposes" or something along those lines and better written to identify that its purely for promotion of your business.

Sometimes its worth it; but other times it can be easier just to do a few sessions with a paid model or three; get the shots and use them for display purposes without any legal problems or people being "confused by the contract" or getting scared over things.

tirediron · Apr 10, 2016

Agree. ^^ The problem is that while the law is most likely on your side, many (most?) people know very little about copyright and what is and isn't allowed. That, coupled with the "I'll sue anyone for anything" attitude of an increasingly litigious western society means that even if you are in the right, it could cost your reputation and/or your wallet to prove it. I would not provide an 'opt out' box, rather just a disclaimer stating that you own the copyright and may use them at your discretion. The line on the bottom of my invoice reads thusly: "The photographer retains the copyright to all images from this session and
and may use them for self-promotion, his website and portfolio as well as for professional critique and peer review". If they don't like that, they will let you know.