Stepping on someone's toes?

Discussion in 'General Shop Talk' started by DGMPhotography, Jul 16, 2019.

  1. zombiesniper

    zombiesniper Furtographer Extraordinaire! Supporting Member

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    You are likely correct that the contract is only between the bride and groom, however if the photographer decided to press the issue in court, the bride and groom would have legal grounds to then pursue you for compensation.

    This is another good point. If your contract didn't state you can take photos, you don't take photos. However you could write it into the contract that you may take still images for "X" purpose.


     
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  2. DGMPhotography

    DGMPhotography Been spending a lot of time on here!

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    My contract allows for photos as well as video. I don't limit myself in that regard.

    I, too, would be curious to see her contract. Because as it stands, it seems her contract prevents the bride and groom from hiring another photographer. However, I'm not a photographer in this case. I'm videographer who happened to snap a few pics. Same as if their caterer took some pics for their promotion. I know that's semantics, but I'm curious as to what the legal distinction on this would be.

    I agree in regards to the value of reputation, but also just doing good business. I set up a phone call with the photographer this morning and was very accommodating to her. She was fine with me posting a couple of photos here and there. Her main issue was with me posting a full gallery (which may cause people to think I was the photographer), and the selling of prints. I totally understand that and agreed with her. I wouldn't want someone stepping on my toes selling prints of poses I set up either. It just didn't cross my mind, since it's just what I'm used to normally doing. Thankfully, she was very understanding, and my experience with her I think has made me a better artist, and businessman. I know now to communicate this topic with future vendors during my pre-event conversations, to ensure everyone's on the same page.
     
  3. vintagesnaps

    vintagesnaps Been spending a lot of time on here!

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    The caterer can take photos for personal use - but can't use the photos, not for business marketing/promotional use without it being in a contract with releases/written permission. A friend/relative can take photos at a wedding and share them because they're not doing it to bring in business to make money.

    Glad it worked out. Even if she didn't have an exclusive contract, she was contracted as photographer and you selling prints was taking away her business. Maybe take a look at contracts because it seems confusing to include photos as well as video if you're being contracted as videographer. If you wanted to take some photos while you were there for portfolio use maybe that needed to be more clear.
     
    Last edited: Jul 17, 2019
  4. weepete

    weepete TPF Supporters Supporting Member

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    about 24 fps?
     
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  5. TreeofLifeStairs

    TreeofLifeStairs No longer a newbie, moving up!

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    This is a good discussion. I’m a little surprised that no one told you. I would think that if I had a clause like that in my contract then I would make it a point to verbally express it to the client. I guess it’s possible that the client forgot to tell you.
     
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  6. weepete

    weepete TPF Supporters Supporting Member

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    If you have a clause in your contract that spesifically allows you to take photos as well then it's the bride and groom that essentially broke the contract I would think, and they'd be liable. Mind you I'm not a lawyer.
     
  7. vintagesnaps

    vintagesnaps Been spending a lot of time on here!

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    lol I meant if the contract was to shoot video why would photos be included? Maybe the contracts could've been clearer and things coordinated better, especially with the client having both a photographer and a videographer. Learning experience if nothing else.
     
  8. DGMPhotography

    DGMPhotography Been spending a lot of time on here!

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    Because I'm not going to want to say no if someone sees me holding a DSLR and asks me to take their picture. The idea is that video is the main deliverable, but if a photogenic moment presents itself, I should be able to photograph it and deliver that as a bonus (not guaranteed). But now I know to communicate that with the photographer beforehand.
     
  9. JoeW

    JoeW Been spending a lot of time on here!

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    Okay, I'm no lawyer so I can't comment on the exclusivity clause. I know for some shooters, weddings determine if they stay in business or not. So some of them are very territorial--even if they don't have a formal clause but the bride said "you'll be the only one there" verbally and they claim it as a clause.

    My take is: if you want to stay on this shooter's good side, take down the photos and tell them you didn't realize they had a clause. Also, that you're not seeking to get business. It's got to be more than just taking the photos, otherwise it may come off as "ok, you caught me, I'll take 'em down" which doesn't do you much good in terms of the relationship. But ultimately you can't control how they feel about this.
     
    Last edited: Jul 18, 2019
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  10. Braineack

    Braineack Been spending a lot of time on here!

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    The exclusivity clause in this case really means jack to you. If anything the B&G would be in violation, not the videographer. It also really depends on what it states and what your contract with the B&G states.

    I personally wouldn't share the images in that manner simply because it's disrespectful to the photographer, especially if they haven't shared them with the B&G yet, or simply because if they suck people might associate them with the actual photographer.

    Otherwise, I wouldn't think twice about using them for my own personal promotions.

    My last wedding, the DJ asked for some shots taken of him during the event which he used for promotion on his site. That might be a better way to handle it in the future...
     
  11. Braineack

    Braineack Been spending a lot of time on here!

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    im late to the party. but yeah this.
     
  12. DGMPhotography

    DGMPhotography Been spending a lot of time on here!

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    Thanks for the input! I totally agree.
     

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