:( here in my province, i'm hoping that there's a standardization among photographers and to the client that they are aware enaf that there are terms and conditions, and really know what it means. Because i've got this client, that i do some prenup studio pictorial just last week. I told her that i'd be posting their pics on my website so that they can invite friends to view their pics and also served as their invitation for those who cant receivd an invitation because their wedding will be next week na. Not knowing that she visited already my website, till i found out in my email that she posted the pics in her website, without informing or just send me txt msgs... i'm so upset, and asked her why didnt she tell me that she post the pics in her site without telling me so... she sed " hi claire! nakalimutan ko sabihin sabihin ko palang sana ngaun... nakuha ko na ( means that she copied already in my site) ok ha na magic mo si ______ sa pics namin...." sigh! di nya tlga na gets ok lang sana if nagsabi tlga cia and she introduces me to her friends.Thats i'm so sad tlga because she's a churchmate of my bestfriend, that's why i'm hesitant to tell her what i wanted to. Posted without any credit on what studio/photographer did their pics. Sorry if i'm a little bit magulo. hope to hear from u guys. More Power DPP!

you couldve posted the pics with watermarks, para atleast people would know where she got it from. just my $0.02

thanks miss Ems!

Yep, Ems is correct just put watermarks of your name or your site on the pictures before posting them anywhere.

hi claire, i think your friend just wasn't aware that it wasn't ok for her to grab the photos from you. clear your head first and try to "orient" her about such thing :)

cheers!

otep

If you were hired and paid, your friend does have the same rights as yours since she/he paid for your services.

Although you still do own the copyright for the images, Any paying client will always have the right to use the images they paid for.

I've searched and got mixed answers ... hope someone can help me out.

Got this from the net ...

"Understanding copyright. A lot of clients do not appreciate copyright matters and presume that because they have commissioned the images that they own them. In fact the photographer always retains copyright of the photos and simply gives you permission to utilize them wholly for the agreed period, territory and media. Photographers will always attempt to give you a license that befits all your demands and unless you have in mind doing worldwide advertising this will be included in their rate."


My story and question is -

I got a commissioned shoot back last year from the same client. We did the pegs and finished. I managed to get a few snapshots for my own (during the shoot).

Now, I want to use those photos for non-income generating purposes. Like post on forum, online etc etc. Nothing major, not for advertisement etc.

I used the images and told them after. He said it was ok to use, because it wasn't really the peg and not the subject anyway.

But I got a friendly "warning" that usually for a commissioned shoot all photos should be theirs, even if it wasn't the pegs (although it was it the same category - ex. wildlife).

So, although everything is cool bec I was granted permission. Is everything really theirs and I can't use it for any non-profit use?

I've searched and got mixed answers ... hope someone can help me out.

Got this from the net ...

"Understanding copyright. A lot of clients do not appreciate copyright matters and presume that because they have commissioned the images that they own them. In fact the photographer always retains copyright of the photos and simply gives you permission to utilize them wholly for the agreed period, territory and media. Photographers will always attempt to give you a license that befits all your demands and unless you have in mind doing worldwide advertising this will be included in their rate."


My story and question is -

I got a commissioned shoot back last year from the same client. We did the pegs and finished. I managed to get a few snapshots for my own (during the shoot).

Now, I want to use those photos for non-income generating purposes. Like post on forum, online etc etc. Nothing major, not for advertisement etc.

I used the images and told them after. He said it was ok to use, because it wasn't really the peg and not the subject anyway.

But I got a friendly "warning" that usually for a commissioned shoot all photos should be theirs, even if it wasn't the pegs (although it was it the same category - ex. wildlife).

So, although everything is cool bec I was granted permission. Is everything really theirs and I can't use it for any non-profit use?


It really depends on the contract that all parties involved agreed upon. Though verbal contract is valid, proving/disproving it is a drag. All clauses must be clear and free of legal contradictions/violation of existing laws and always, as much as possible, have a written contract signed before taking a job.

As per ownership... it's a totally gray area--- separate the black from white thru paper signing for mutual protection.

True.

In this case there was no written contract at any point in time. I am thinking of suggesting to them to have a contract so things will be clear, and up to what extent i can use the photos. But i might not want what they say in the end.

If they paid you to take those, you should be the one asking permission to post them online for public access, not them. Although your the "creator" of the pictures, they also have rights to it since theyre the subject..did you have model release type of agrrements to be able to post their faces for public access? No? There they just have a case against you.:D Stop overeacting..its not like they sold your pictures "of them" or anything.:) They just shared them on another site...cant you just do a nice person move and "talk civilly,and ask nicely" to link back to your site and/or acknowledge you cause you want to advertise yourself or something. Your the one being done a favor here, its their picture in the first place.

:( here in my province, i'm hoping that there's a standardization among photographers and to the client that they are aware enaf that there are terms and conditions, and really know what it means. Because i've got this client, that i do some prenup studio pictorial just last week. I told her that i'd be posting their pics on my website so that they can invite friends to view their pics and also served as their invitation for those who cant receivd an invitation because their wedding will be next week na. Not knowing that she visited already my website, till i found out in my email that she posted the pics in her website, without informing or just send me txt msgs... i'm so upset, and asked her why didnt she tell me that she post the pics in her site without telling me so... she sed " hi claire! nakalimutan ko sabihin sabihin ko palang sana ngaun... nakuha ko na ( means that she copied already in my site) ok ha na magic mo si ______ sa pics namin...." sigh! di nya tlga na gets ok lang sana if nagsabi tlga cia and she introduces me to her friends.Thats i'm so sad tlga because she's a churchmate of my bestfriend, that's why i'm hesitant to tell her what i wanted to. Posted without any credit on what studio/photographer did their pics. Sorry if i'm a little bit magulo. hope to hear from u guys. More Power DPP!

Sorry Ms. Claire if I seem to overlooked at your concern. Am no expert nor I claim to know a lot of things about contracts but from your story, I remember a saying in my son's kindergarten playground... if you don't follow the rules, don't complain if you lose.--- in this case, if you didn't define the rules, don't complain if you lose.

Please don't get me wrong... by the way, is this a paid shoot? anyway, paid or not paid both you and the couple entered an contract... a vague one at that. What I'm trying to say is that without a CLEAR contract, it's more or less bound to be a lose-lose situation-- it cuts both ways, ma'am... You're angry because they grabbed the pics and posted it in their website without permission and without proper credits, right? What if they're angry too--- What if they're very private people and posting their pics on your website w/c happens to be open to public made them feel violated in a way? There are a lot of holes with your "agreement" ma'am. As per standardization, let's hope there'll be a party list for visual artists in the next elections. For now, DIY contracts are all we have to protect ourselves and our clients.

Cheers! J.C. bless!


True.

In this case there was no written contract at any point in time. I am thinking of suggesting to them to have a contract so things will be clear, and up to what extent i can use the photos. But i might not want what they say in the end.

That's the beauty of a contract, Leslie. Have your client read it. Ask them if they have any concern/s re: any of the contract's provisions. If it can be revised or if you can meet them half-way, good. If not, give them a good valid reason. Always emphasize that the contract is for your MUTUAL PROTECTION. :)

Yah .... so actually claire's thread was way back 2007. I just didn't want anyone to tell me to use the search function because there is a similar topic.

Which I would have exactly placed "contracts/copyright questions" as well.

Thanks Jerico for the answers.

But one thing else, anything I click ... even if has nothing to do with them ... remains theirs if it was taken during the duration of the shoot?

Yah .... so actually claire's thread was way back 2007. I just didn't want anyone to tell me to use the search function because there is a similar topic.

Which I would have exactly placed "contracts/copyright questions" as well.

Thanks Jerico for the answers.

But one thing else, anything I click ... even if has nothing to do with them ... remains theirs if it was taken during the duration of the shoot?


Whoa! 2007-- hahaha! missed that! -- a big NO NO in reading contracts :D

To answer your question (Based on my personal understanding of contracts), That must be specified on your contract. For example...

- There are contracts that state that only 10 edited pics out of a thousand shots (Choice of either photographer or client.) will be released to the client. There are even seasoned pros that will limit the number of shots they'll take in a shoot and if you ask them to take a few more shots, they'll tell you that it's not part of what you paid for anymore... because he stated it in the contract :)

- OR Like in a Photo contest, the mechanics of the contest serves as a preliminary contract and some contests state that all entries even those that did not win will be the property of the host company and can be used in all of their intents and/or purposes--- yes however unfair it may seem, some parties agree on such conditions.

- A non photography related contract, It's actually of a Van Halen, states that they require a bowl M&M's chocolate with all the brown ones removed... ask about it's rationale? They want to make sure you read the contract ;)

As I've said earlier, state everything on your contract and stand by it or revise it according to what you and your client can agree upon.