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DPChallenge Forums >> Business of Photography >> Wedding Photography for software - possible?
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12/31/2010 03:47:04 PM · #1
Hello, everyone,
I have a question that I hope someone will be able to help me with. I am not even sure this is the right forum (or if I should be posting on the stock one). Here's the deal: I shoot Weddings, and a couple of days ago was contacted by a software company wanting to buy a complete set of wedding photos from me (around 250), to be used as samples on their software (it's for photographers).
First question: can I even do it? My wedding contracts say " CLIENT grants PHOTOGRAPHER permission to display selected images resulting from this assignment as an example of her work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
MODEL RELEASE. The CLIENT hereby grants to PHOTOGRAPHER, 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; and to copyright the same. The CLIENT hereby
releases the Photographer from all claims and liability relating to said photographs." - on this set they want to buy, there will be pictures of tons of other people. Do they all need releases, or is this covered by the contract?
Second: if it's possible, legal, etc, how much should I charge?
Thanks everyone, and happy new year!
12/31/2010 04:45:35 PM · #2
deleted.

personally I`d avoid.

Message edited by author 2010-12-31 16:52:42.
12/31/2010 06:28:01 PM · #3
Thank you, Simms. May I ask you why? Is it because you think I might have problems with the clients?
12/31/2010 07:08:37 PM · #4
even though you model released the clients, this is probably not what they had in mind, and they probably didn't communicate it to their wedding party and guests that what you're thinking about was a possibility. while you're probably fine for using shots of the bride and groom, environmental shots, and large group shots, it's still probably not going to go over well. even if you went to the couple and they said they were ok with it, they really can't speak for everyone else that may be included...

so, the best thing for this company, and for you, is to plan something like this ahead of time. either stage a wedding, or get a bride and groom to go along with it - maybe as far as even including something about the shoot in the invitation. you just don't need to invite trouble by trying to slip something like this in without all the people being photographed being aware of what's going on.
12/31/2010 08:29:59 PM · #5
Originally posted by mecfcosta:

Thank you, Simms. May I ask you why? Is it because you think I might have problems with the clients?


Yes, I do - maybe legally you are watertight, but morally and professionally I think you might be treading on thin ice - by all means get the permission of the B+G, but unless the software company really intend on making it worth your while, the financial pay off may be small compared to the bad press you could end up facing - not from the B+G, but frm their guests, I know that if I was at a wedding and pictures of me or my kids ended up within some software package, I`d be pretty angry.

I think Skip has the right idea, would be easier, cheaper and better to get a couple of models and shoot whatever it is the company are after.

Can we ask what the software is?
01/01/2011 05:28:11 PM · #6
Thank you, guys. I appreciate your comments, and agree with you. It's not worth it. However, our of curiosity, if I did get model releases of certain people, and would be able to go ahead with just a few shots, any ideas on fees for each photos?
I'd rather not say the name of the company, because I don't know if they're "out" with their software yet, but it's one of those online proofs companies that will do the printing and shipping as well. Competitor to smugmug and photoreflect.
01/01/2011 10:52:06 PM · #7
Originally posted by mecfcosta:

Thank you, guys. I appreciate your comments, and agree with you. It's not worth it. However, our of curiosity, if I did get model releases of certain people, and would be able to go ahead with just a few shots, any ideas on fees for each photos?
I'd rather not say the name of the company, because I don't know if they're "out" with their software yet, but it's one of those online proofs companies that will do the printing and shipping as well. Competitor to smugmug and photoreflect.


Fotoquote

Message edited by author 2011-01-01 22:52:39.
01/02/2011 10:27:08 PM · #8
Originally posted by mecfcosta:

Hello, everyone,
I have a question that I hope someone will be able to help me with. I am not even sure this is the right forum (or if I should be posting on the stock one). Here's the deal: I shoot Weddings, and a couple of days ago was contacted by a software company wanting to buy a complete set of wedding photos from me (around 250), to be used as samples on their software (it's for photographers).
First question: can I even do it? My wedding contracts say " CLIENT grants PHOTOGRAPHER permission to display selected images resulting from this assignment as an example of her work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
MODEL RELEASE. The CLIENT hereby grants to PHOTOGRAPHER, 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; and to copyright the same. The CLIENT hereby
releases the Photographer from all claims and liability relating to said photographs." - on this set they want to buy, there will be pictures of tons of other people. Do they all need releases, or is this covered by the contract?
Second: if it's possible, legal, etc, how much should I charge?
Thanks everyone, and happy new year!


For this type of product they are really low balling you. If you decide to follow through negotiate an initial rate then a percentage of sales as long as your images are used because the images will be a very large factor in convincing photographers to purchase their software. As far as your contract goes you are fine when providing photographs of the bride and groom, however, you would need to obtain an individual release from each person included in the photos who are not the bride and groom. Also take into consideration some of those people may ask to be compensated as this is for a commercial venture. Should that happen the company wanting your photos should be the ones negotiating individual contracts with anyone who asks for compensation.

I hope this helps,
Becky
01/02/2011 11:55:50 PM · #9
Again, thank you. I appreciate all the responses!
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