Contract and Use of Image

[mike_h13]

<p>I did a search for my company and came across an event planning company that did a couple's wedding I photographed. They used one of my pictures on their front page's slideshow (the first image too). I also saw they used several on a blog of theirs. While my contract does say the images are for the client's private home use only, another part does say if my images are published that proper credit must be given. On the blog page, it does give credit as stated in the contract.<br>

I plan on asking the event planner to remove my photo from their home page since they failed to give proper credit. Should I ask they remove the other photos too? The images did violate section two but the company did give proper credit on the blog page? Below is the language in the contract (don't worry, I plan on revising the language in the near future).</p>

<p>2. Use of Images: Images are strictly produced for the client’s private home use only. Client assumes all<br>

liability for any form of copyright infringement.<br>

.......<br>

The Client is obtaining prints and digital images for personal use only including non-<br />commercial web sites, and shall not sell said prints or authorize any reproductions thereof by parties other<br>

than the Supplier. If any of the Supplier's images are published (on the web or any other media), proper<br>

photo credit such as “© (name of company) Photography, LLC” is required. If Client is obtaining a print for<br>

newspaper announcement of the wedding, the Supplier authorizes Client to reproduce the print in the above<br>

manner.</p>

[savagesax]

Well if the event planning company will advertise your name, website, phone number, perhaps it could benefit

both of you. You can also refer this company. In the wedding business it's sometimes best to be friends with all of the venders, even other photographers.

 

If they aren't willing to do that, well demand them to remove all of your photo's.

 

Also adjust your contract to say that all of the wedding images are copyrighted and belong to you. Consult an attorney if needed.

It's worth the money.

 

Keep us posted with the final results. Hope you develop a new professional business friendship.

[mike dixon]

I think you should send the event event planner a polite message explaining your policy, thanking them for crediting you on their blog, and asking that they replace the image on their front page with one bearing your information (include a copy of that image with your info clearly, but not too obtrusively, displayed on it). Think in terms of what will help your business.

 

A letter demanding they remove your image will only burn a bridge; it won't benefit you in any way.

[William Michael]

<blockquote>

<p>"I plan on asking the event planner to remove my photo from their home page since they failed to give proper credit."</p>

 

</blockquote>

<p>That occurs to me to be a very poor business choice based upon an emotional reaction.</p>

<p>Your image is already there on a website "Home Page" - why would the initial business choice be to "take my picture down" - surely a better business choice is "please add a credit to the picture that you obviously deem suitable to display on your home page"</p>

<p>I concur with the premises upon which Bob and Mike wrote: in summary you'll usually get more and build a better business by always using an initial 'warm and fuzzy', rather than an initial 'cold and prickly' - especially when you are more than halfway in the door with them already advertizing your work. </p>

<p>WW</p>

<p> </p>

[Marcus Ian]

<p>I too would suggest that you contact them, and ask them to replace the images with copies of the same image that has a distinctive watermark (or at least one with a legible company name), as well as insist that they make sure to include a direct link on every page which displays one of your photos - maybe you insist the image credit is in close proximity to the picture maybe not, but I probably wouldn't be a nazi about specific placement of the credit/link.</p>

<p>I wouldn't demand payment, as the improved networking draws googlebots like flies, and helps you AND them. Also, be prepared to write them a specific authorization for use of (the watermarked) imagery - including credit/link stipulations.</p>

<p>I understand you are ticked off, but consider it as a compliment to your work (afterall, they probably could have stolen anyone's work ;) ), and consider your reaction from the perspective of a business. ie. doing as we've suggested will only help your business, not hurt it.</p>

<p>If they refuse any of your terms, you are free to sue them, or at least demand they cease use. Though I can't see how you would be any better off with that as a resolution.</p>

[craig_shearman1]

<p>Since they have already included a credit on the blog photos they evidently "get it" that crediting a photo is normal practice. I would contact them, thank them for the credit on those photos and ask that they include the credit on the homepage photo. I would not worry about it being a watermark or whether it has your contact info. As long as it's got your name and people can google you if they like your work that's all that really matters. <br /><br />Event planners are people you want to beccome friends with. When a bride comes to them to set up her wedding and says "find me a photographer" or "what photographer do you recommend" they have the potential to throw work your way.</p>

[midgley]

<p>Asking them to play fair, and helping them to do so as above is sensible and proportionate, no?</p>

[William Michael]

<p>Mike,<br>

What choices did you make in this matter? What was the outcome?</p>

<p>WW</p>