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Photographers Contract Wording? Help!

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#1 kerryjbrown

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    Posted 22 July 2008 - 11:45 PM

    So after 1.5 months of working iwth the photographer we were planning on using to fly to Cabo for our wedding in April, we got the contract today. Some of the items are entirely different than we discussed. My concerns are more that they put in items that are not typical of a wedding photo contract, for those of you that are photographers or have your contracts, can you please help?

    1. They put up a website for only 3mos, but wont' give me the cd until 6 mos (one page says 1 year). Is this normal? I know they want ot make money off people buying them offline, but once they pull the site down, why can't I have it?

    2. There is verbaige that no other albums may be made with their photos, only they can make photos. (how would they control this? They want to charge me $1500 for a 9X9 15 page parent album)

    3. There is verbaige that the photos cannot be used or posted anywhere or sold (sold I get, but since I am buying the disc, can't I use them for whatever I want?)

    4. They had told me I would receive a hi-res disc of all photos and when I asked if I could print them they said yes. The contract states that we cannot print any photo from the disc. So, if I can't put in on my website or print it, why the hell would I get a disc?

    Am I wrong to think this has been altered to be more restrictive? They know I have a friend that works for a magazine that used to do albums (so I think they added this) and they know I am the first wedding at a new 5 star property that they have worked with before so I think they added the restrictions to me using the photos so they can sell my photos to the hotel. Who owns the photos if i buy them?

    Please help! I am so sad that I am now going to have to get a new photographer...don't even know where to start.

    #2 KLC77

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      Posted 22 July 2008 - 11:48 PM

      Wow, something about that def. doesn't seem right. Hopefully some of the photogs on here will add their 2 cents.

      Our Awesome Wedding Pics: http://www.delsolpho...ings/kelly&ron/

      #3 rodent


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        Posted 22 July 2008 - 11:52 PM

        I'd find someone new. Having the freedom to make my own photobooks & order my own prints was really important to me. you have time to find someone new. if you really like them, try to negotiate the contract.

        #4 1elephant

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          Posted 23 July 2008 - 12:05 AM

          i agree w/ morgan. tell them you don't feel that it's what you previously discussed. if they're not willing to budge, find someone who is willing to work w/ your wants and needs.

          #5 resehop

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            Posted 23 July 2008 - 12:28 AM

            I would strongly suggest that you talk to them. If their work is what you want then try to work it out. After all isn't that what a contract is about?

            Since I am a photographer I do not really understand why they would address different terms then what was agreed upon verbally. Verbal contracts, are legal contracts, it is just difficult to "proove" what was said. By no means should you settle after what was originally agreed upon. I will write statements to each of your numbers.

            1. I am not sure their reasoning behind this. After reading the other terms you posted, I am not sure they would have a reason. I would ask.

            2. They will not be able to control this (as you put it). It is a copyright issue. Ultimately they own the rights to the pictures. Some photographers are really picky about things like this. The way I look at it, is that it is a digital time and everyone knows how to use the computer, if they want to save themselves money let them do it. No different than buying carpet and putting it down yourself to save. That is just how I run my business though and I offer options of designing albums or giving clients the right to make their own (heck I even send them links for places they can go to do this). I think photographers will move to this in time.

            3. Again, copyright. Just because you buy the disc doesn't mean you can do what you want. Just like when you buy a car. Why do they make it go up to 120 when it is against the law to drive that fast. Does not make sense.

            4.Copyright. They have the rights to say how the images are used. Not sure why they would give you a CD and not let you do anything with it though. That is just mind boggling.

            Sorry that you have to experience that. I would talk to them about it if it is someone you really want. Otherwise I would take your business elsewhere. If you are already having these issues from the start, that should send up red flags to you about possible future issues.

            Goodluck and let us know what you find out or decide to do!

            #6 resehop

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              Posted 23 July 2008 - 12:50 AM

              I will post what my contract is to give you an idea of what another contract is like, I can't speak for anyone else though. You mentioned that if you buy them who own them, they (photographer) still does but can outline what you (the client) can use them for (per contract). Please let me know if you need me to clear anything else up.

              6. Limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:
              The images are the property of CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. The images created will not be published or sold for profit without obtaining written permission of Sweet Memories Photography.

              7. MODEL RELEASE. The CLIENT hereby grants Sweet Memories Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Sweet Memories Photography and its legal representatives and assigns from all claims and liability relating to said photographs.

              #7 kerryjbrown

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                Posted 23 July 2008 - 12:58 AM

                Thanks Sherese, this helps. The funny thing is they retain all rights, but ask for no model release (which I expected). We are calling them tomorrow. I am hoping to work through this, but for the price, it isn't worth it if I can't print my own pics out to frame for my house!

                #8 Nic Dragomire

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                  Posted 23 July 2008 - 01:03 AM

                  I would talk to them about it.... if they don't budge then look else where. there are tons of photogs competing for your wedding! you just don't know it! :)

                  #9 resehop

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                    Posted 23 July 2008 - 01:21 AM

                    No problem. Also, they do not have to have a model release technically. I just do it to cover myself.

                    If it doesn't work for you, maybe you can sign up for RAFAEL IBA‘EZ giveaway on the forum.

                    #10 Nic Dragomire

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                      Posted 23 July 2008 - 09:16 AM

                      Originally Posted by resehop
                      No problem. Also, they do not have to have a model release technically. I just do it to cover myself.

                      If it doesn't work for you, maybe you can sign up for RAFAEL IBA‘EZ giveaway on the forum.
                      I have a model release so I can use the images I shoot for promotion.

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