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Carolyn
Newbie August 2022 Ontario

Photographers and model release?

Carolyn, on October 25, 2021 at 00:13 Posted in Plan a wedding 0 12
Hello! My partner and I were reading through the contract a wedding photographer had sent to us and noticed a model release was included. Basically we would forfeit all legal rights to our photos - they could be sold for profit or photoshopped and we would have no say in it.


Did anyone else sign a model release for their wedding photographer? Is this standard in the industry or is this a big red flag?
Thanks for any input!

12 Comments

Latest activity by Stacey Tc, on November 30, 2021 at 17:18
  • Stacey Tc
    Devoted August 2022 Saskatchewan
    Stacey Tc ·
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    That's great that they were willing to do that. Puts your mind at ease.

    My MOH when she got married, her BIL was the photographer. For some reason (we still don't know) he invited a second photographer, and this 2nd guy sold an image of her. She was furious because she didn't even know or authorize the 2nd guy.

    If something makes you uncomfortable, or you're thinking of something that could happen, discuss it. Most vendors will be reasonable.

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  • Vinod
    Top August 2017 Ontario
    Vinod ·
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    This clause seems different for the photographer since I take he does a lot of modeling shoots. Its great to hear you worked things out so you can have the rights to release the pictures upon your decision though it is their property. Good eye to catch the red flag before signing.

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  • Hank
    Featured September 2021 Ontario
    Hank ·
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    Sounds like your photographer is very reasonable and are just covering their bases. Glad to hear things worked out.

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  • Amanda
    Featured August 2022 British Columbia
    Amanda ·
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    That's great to hear that you were able to write that into your contract Smiley smile

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  • Carolyn
    Newbie August 2022 Ontario
    Carolyn ·
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    Update for anyone who reads this thread looking for answers to a similar problem: as Hank and Carmel mentioned the photos are legally the property of the photographer as this is their work and we are paying for the service and to receive the photos. We talked to our photographer and they were happy to add a line to the contract stating that they would not sell or publish the photos without our permission.

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  • Carolyn
    Newbie August 2022 Ontario
    Carolyn ·
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    This is great information thank you!

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  • Hank
    Featured September 2021 Ontario
    Hank ·
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    You technically never had legal rights to the photos, as Carmel says. You only have a license to use them without future royalties. But a model release is also not necessary and you can certainly remove it if it makes you uncomfortable.

    That being said, it would only prevent the photographer from profiting off the photo by selling it (ie as a piece of art, or to stock image sites). It does not prevent them from using it for editorial purposes (ie a blog post about shooting summer weddings). And if the photo is taken in a public space (ie a public park), a model release is not required as you have no reasonable expectation of privacy.

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  • Carolyn
    Newbie August 2022 Ontario
    Carolyn ·
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    Thank you that's a very good point!
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  • C
    Super December 2020 Ontario
    Carmel ·
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    To clarify, under copyright law, the photographer owns their photos under intellectual property, unless otherwise stated in the contract but no photographer will give up the rights to what they have created. Technically, by paying, they are giving you permission to share THEIR photos (you have purchased a licence to download and share them as is). I'd have them amend your contract though.
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  • Rayanne
    Master June 2022 Ontario
    Rayanne ·
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    That would be a hard no for me. Unless they are doing the photography for free. I'm paying for the service at the end of the day they are my pictures as far as I'm concerned.
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  • C
    Super December 2020 Ontario
    Carmel ·
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    The only thing related on our contract was that we waived the rights "to review or approve any uses of the images, any written copy or finished product," meaning they could use our photos on their social media accounts and website or enter them into contests, magazines etc. The finished products we were sent, were the finished product. There wouldn't be any more editing unless we requested it. This is standard practice but what you have I'd be concerned about too...
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  • Amanda
    Featured August 2022 British Columbia
    Amanda ·
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    That would be a BIG red flag for me! I would not want to have my weddings photos plastered wherever the photographer pleases or even sold to someone else. That is your special day between you and your fiance and I personally wouldn't someone to have legal rights to those. My fiance and I don't have that with our photographer. Once she is done with the editing and what not and hands over our photos, they are ours and we can do whatever we want with them. She can not edit them to anyone or sell them. She can post them on her social media facebook or instagram but that is it. I would honestly look somewhere else!

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