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Will I be infringing with main photographer's contract?


greg thompson

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If I give the prints to the B&G as a gift and let the many other family members buy them at cost, is that considered selling them? I wouldn't think so but others seem to say it is wrong. Maybe if I wait till six months after the wedding? though still, all the other guests will be sharing their pictures.

also, I guess others are saying because I'm an aspiring pro and may have a better camera than other guests and more skill and may take more pictures, then, no I can't take pictures?

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I think it comes down to the difference between what guests do and what pros do. Guests obviously take lots of pictures. They often give pictures as gifts, usually to the bride and groom. Some guests have nice cameras. Even if they're not Uncle Bob.

 

Guests usaully don't sell pictures, even at cost. Oh sure Aunt Betty may give few bucks to Cousin Vinnie for film or something but generally they don't go about transfering images to others at large for money.

 

They key here is to be the guest. As I mentioned, its OK to act like a guest if you are a guest. If someone requested prints from you, its a judgment call. If your not posting them online for distribution and you know them and they sought you out for a couple pics of their favorite relative, its not so bad. Thats what a guest might be expected to do, even for cost. If they want to order a whole series it gets more funky. If you went wild, played the part of a pro and posted the wedding portfolio for potential distribution, that's gonna tick off the pros.

 

I say go and be a guest, relax and put the camera down for a while and use the camera too. Just have fun. If the bride and groom ask for a couple shots, don't sweat it. You'll let the pro do their thing. It will be alright. I promise.

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Thanks John. I only posted my other pics to smugmug so people could easily see them. Guess it would be more acceptable to put them on cd and give to people. Or use a non-pro account as other guests do. It actually just occurred to me that using a pro acct menas paying taxes on sales even if they are at the required one cent above the actual cost. Good reason not to use the pro acct!
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Lauren and Greg

 

Respecting the photogs contract

 

I will give you a scenario. Your best friend is getting married and wants you to be a guest, instead of shooting it. So you are a guest and act like a guest.

 

The location back drop sydney harbour bridge. The reception held at the old sydney casino, based on the harbour with a backdrop of the opera house and bridge.

 

The main photographers contract states NIGHT SHOTS OUTSIDE thats an extra $500 AUS. The bride doesnt pay that and knows there will be no shots outside the restaurant.

 

So, the bride and groom are outsiding smoking with you and your friends and then you decide hey since 'you dont wanna pay the extra 500 AUD i will shoot it'.

 

So, you set up the bride and groom, use the lamp post as a prop and extra lighting (like a slave)... and BAM!!! just about when you are going take the button... the 2 photogs are standing behind you..with their tripod, and slave unit and steal YOUR pose, YOUR idea and take it... selling it to the bride and groom for 50 AUD at the pick up of the images and enlarged of course.

 

This didnt allow me to get the shot i wanted.. is that fair? I was acting outside their contract, and I didnt shoot inside. They stole my shot and sold it to the b&g.

 

 

They made money from what I did... Is that fair? I did it out of my heart, to give them something that they would have FOR FREE and the photogs (yes i know its a business) did it and SOLD it to them..

 

 

So now who is infringing upon who?

 

Not offering a product and then doing it outside the contract, what is that all about?

 

Emily

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A pro is going to "steal" an ad hoc shot that a guest is going to take? Even if it were stealing, such a scenerio seems very unlikely to occur. Lauren just wants to take some pictures at a wedding like all the other guests. That's all. If hers are of good quality then great. Any hired pro will do their pro thing. Its not a big deal. No one's crashing the wedding here or getting in the way.
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John,

 

If you say in your 'contract' night shots extra and the bride doesnt pay, but you see some people taking images outside that you are not meant to take in the first place.

 

So you decide to; I guess thats thats not stealing no... its called 'photo journalism'. Since your make money off it right.

 

Next time your invited as a guest, go as a guest and set up a shot that the photog wont do and see if the Pro will come behind you and take it

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"Next time your invited as a guest, go as a guest and set up a shot that the photog wont do and see if the Pro will come behind you and take it"

 

Whether they they do or not is irrelvent to the whole discussion.

 

If you are a guest of the bride and groom, go ahead and take pictures and don't interfere with the pro. If you aren't a guest of the B&G, don't crash the proceedings to take pictures of bridesmaids. This stuff isn't rocket science.

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Well I spoke to the bridesmaid again and she asked the Bride and she was fine with the whole scenario. The bride and groom have two different photographers-two different contracts. I haven't read their contracts or met either one of the photog's, but it seems like if they had in their contract no other photog's that I won't be nulifying either one's contract since they would be doing so to each other. and technically I'm not there for the wedding unless things change and no one has a problem with me being there. But sorry for everyone who hates me, I'll be there. But everyone's point of view is very interesting. Thanks.
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Gerg, sounds like an interesting situation and I would still see if you could talk to the photographers before. They may well say they wouldn't mind if you were there if the bride and groom wanted you there.

 

I know the ceremony to some other cultures is more important to have many many pictures than it is with traditional "western - European weddings. This could end up being one of those different situations. It can't hurt to ask.

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"But sorry for everyone who hates me, I'll be there."

 

Sounds like you finally listened to pretty much everyone's advice which was that you should get the green light from those whose wedding it is. Now you sticking it to us by doing what we suggested?

 

Jeez.

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I like photo.net. I think its a very progressive place for people to learn and share opinions, I haven't seen much bashing or negativity either. If I sounded like I was 'sticking' it to anyone, it definitely was not my intention. I guess my words are why I never did well with the opposite sex's parents.
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