Reproduction Release Gone Wrong

<p>I posted this question on another forum but didn't get any real answers. I'm hoping someone here can help me out.</p>

<p>I have a photo reproduction release form that I purchased from a business. I added an expiration date to the release. Up until now, no one has questioned it. But now I have a bride that not only questioned it but is angry (to the point of using very foul language) that I have put one on her release. The release is for one year and the clients hired me for a small wedding. She claims she is so unhappy that she is going to take me to court.</p>

<p>Here are my questions. Can she do this? She seems quite happy with the photos, even calling them "beautiful" on several occasions, saying I'm "absolutely amazing" and thanking me for my work several times. So I know she's not unhappy with the photos. Can she really take me to court for putting an expiration date on her photo release or is she just bullying me in hopes I will cave in and give her unlimited reproduction rights?</p>

<p>Second question: Am I wrong to put an expiration date on a reproduction release? After I received her e-mail last night, I did some searching for information on reproduction releases (this is how I found this web site). On ehow.com, I found the following:</p>

<p>"A photograph is considered intellectual property and is automatically copyrighted to the photographer as soon as it created. Therefore, it is important for both the photographer and the subject to have a photo copyright release form signed to document the release of rights on certain photographs for a certain amount of time or for a specific purpose."</p>

<p>It goes on with a basic release form that you can modify which includes the wording "for __ period of time".</p>

<p>So am I wrong to have an expiration date on my release forms? She complained that she got one from Olan Mills that did not have an expiration. I am not Olan Mills, nor am I competing with them. I am a sole proprietor that has only been in business for 4 years. I don't have the money or client base that Olan Mills has. I am so confused. Can someone please help?</p>

<p>Oh, one other thing. My client lives in California, I live in Florida. She came to my area for her wedding. </p>

<p>Where does your contract say disputes must be adjudicated? Most of us have a clause that it is in the state we are domiciled which makes it cheaper and less likely someone like this would actually do anything.</p>

<p>Anyway, if it is in your contract, then it is in your contract. As long as your contract is valid, then the clause is valid--do you have a severable clause in your contract (one that says if one term of the contract is found to be void that the contract is not void)?</p>

<p>You can do with this client as you wish and she can sue regardless of the clause, however, I think a judge would dismiss the case unless there was some overriding reason if the clause is clear and she signed the contract. But, if she does take you to court, then it will cost you some lawyer money!</p>

<p>See if you can come to some resolution with her, a small additional fee or whatever. By the way, does your contract have a penalty clause if she does reproduce the images? Have you actually filed the copyright? If not, you don't have too much to hold over her head really, as the cost to pursue it will be prohibitive unless your contract has some meaty provisions in this regard, like her covering attorney's fees etc.</p>

<p>Legally it comes down to what was in the contract that she and you signed. If in the contract it states that you will provide reproduction / printing rights for a period of time not to exceed 1 year - or something to that effect you're good. If the contract is silent / doesn't mention the time limit then you have issues.</p>

<p>Practically though what it really comes down to is this....<br>

Is it worth it for you to fight her on the date on a release form? Do you anticipate selling her or others photos after the fact?</p>

<p>Do you value her as a customer? </p>

<p>Do you really want to spend a ton of money on legal fees and consultations over an arbitary date?</p>

<p>and finally do you want her out there telling her friends and their friends and her facebook friends and so on - what a PIA you are to deal with and to NOT have you do photos for them or anyone they know?</p>

<p>My advice - take the date off.</p>

<p>Dave</p>

<p>Thank you so much for your input. I am going to send her a new release form that doesn't expire. I hope this will make her happy. I will also take it off the other release forms. </p>

<p>One thing I will mention, even when she got nasty with me in our e-mail communications, I was nothing less than professional in my responses. I know I shouldn't take things like this personal, but sometimes it just eats at me. Oh, well, live and learn.</p>

<p>I do like this web site. I will be saving it and returning to it often. You have very informed answers for difficult questions. Thank you!</p>

<p>I think a wise way to go. It is your <em>photograph</em>, but it is the bride's <em>person</em> that is being shown.</p>

<p>Good move - both on the staying professional and in giving her a new - non-expiring release.</p>

<p>It is sometimes hard to not take things personally - I find it best to write a response - save it in draft mode then walk away for a while and come back. Then edit the daylights out of it.</p>

<p>My guess is that the release you were using with the expirary date was more for magazine or publication use. In those instances - I always give the publication a release with an expiry date - I want to control that publication - but for family photos, weddings, etc.. never.</p>

<p>Dave</p>

<p>I actually got the idea for an expiration date from the release form from Walmart. I had one wedding that wanted me to fill out the release form from there and it had a place for an expiration date. Since the groom was a jerk, I gladly filled it in. </p>

<p>I printed out a new form and I typed up a little note to say I was very sorry she was unhappy with her other release form and to except this one with my apologies. So again, I stayed professional. Like my husband says, the customer is always right.</p>

<p>Live and learn.</p>

<p>Good idea. In all practicality, they aren't likely to still be having someone make copies/prints for them in a year. WalMart, etc., has deep pockets and might want to be more conscientious in controlling the copying/printing they do of other's copyrighted materials.</p>

<p>When I got married, it was very clear that my photographer owned the photographs, and I had to go to her for duplicates, etc. I was not into photography at the time, and honestly, I was surprised that the pictures of my wedding were not mine. But when I wanted a picture of my grandparents together after they passed away (in less than a year of each other), i went to the photographer for a print of that image. it's now stuck to my wall next to a picture of them on their honeymoon. I think you should stick to your guns on this one...the pictures are YOURS...you make prints based on your contract for the B&G, for a fee, whenever they want more.</p>

<p>Anyone can take anyone to court (or try to) for any reason. Since all my work is based on business usage rather than some serial bride's emotional BS the whole obsession with copywriting wedding pictures- virtually no shelf life and zero appeal beyond those actually involved - eludes me. I am not sure other than time/ space constraints why you chose a cut off date for reproductions - it is not as if there are hundreds of thousands of negatives piling up in a warehouse somewhere. That said, if she signed your legal valid contract (regardless of your logic or reasons) I probably would not have waived the time limit- unless I was bored and needing the money- and I certainly would not have apologized. She had no case. </p>

<p>The one thing you leave out is the time line- has it already been 11 months and she still has not bought her prints or is she just a post wedding whack job who has just now sobered up and read the contract she signed ?</p>