copyright and weddings(45 Posts)
First time I have posted on aibu and I'm aware it might not seem an interesting subject.
I got married last year and I was aware that a friend wanted to move into a particular wedding related business. I knew she needed experience and so asked her if she wanted to provide this service (I offered her money but she refused as she wanted experience but I suggested it could be in lieu of a wedding present and also bought her thank you gifts).
She asked me for a testimonial for her new website, which I supplied, however I have just seen that she has uploaded multiple pictures of myself and others from our wedding. I am annoyed that she didn't ask me if it was ok and also she has used pictures taken by our professional photographer so it is copyright infringement. If she had the photographer's permission and had asked me I would certainly have agreed, but I am not comfortable with her using images my wedding otherwise. My dh thinks I am overreacting but (without going into too much detail) I deal with copyright issues everyday in my job and also want to make her aware that she could be in trouble in the future.
Aibu to say something to her?
No of course you are not. It may not even be something she had thought of herself and she may thank you for pointing it out. Just tell her you don't personally have a problem but she will need to check with the photographer. It may be that he won't mind anyway if her business is wedding related and if she name checks him/provides a link to his site.
We'll sort of.
Considering you offered for her to use your wedding for testimonials & you got her service for free then I think you should expect that she would want to use lots of images etc from your wedding on her website.
However your official photographer holds copyright of his photos, he probably has a separate corporate rate & she could be in trouble for using his images.
My dh was very annoyed when someone other than the official videographer made recordings of him singing at a wedding as to do this you are supposed to pay for music licences & have the permission of the performers (which the official videographer did)
Personally I'd have a quiet word with the photographer and point him in the direction of the photos - let him deal with this.
I would have had absolutely no problem with her using the images if she had at least asked. However I do appreciate that not everyone understands about copyright and IPR, so maybe I am taking it too seriously because I deal with it all the time.
My dh doesn't want to cause an argument and neither do I, but I also want to protect her from any potential problems.
I also don't want our photographer thinking that we may have given her permission which certainly isn't so, and we wouldn't have been able to anyway. I know that our agreement with the photographer stated that she could use our images for promotional purposes, but my friend never discussed this with us.
My dh thinks I might come across as a bit of a 'know it all' and it isn't worth falling out over. I think perhaps she assumed it was ok, but it is not, and she may get into more trouble In the future.
Better it comes from you than from the photographer.
Also, you said she used photos of 'others'. Does she have their permission to use their image on her site?
The person taking the photo owns the copyright, not the people who appear in the photo.
You need to tell her how it is. She needs to be careful and you have the info to give her from a professional perspective.
The person who takes the photo owns the copyright, however clearance is needed from any subjects.
I have sent her a message, saying that I appreciate her help at our wedding and that her website looks great but I am uncomfortable with my image being used without my knowledge and letting her know what she needs to do in the future. However I worry it sounds a bit 'preachy' and I contacted a mutual friend who said she should be allowed to do what she wants with the photos as she provided the services for free.
I don't want to cause an argument, but this is a subject I feel passionate about and I want to help her avoid any future complications. Just worry that I sound like an ungrateful bitch!
I'd talk to her about it. I wouldn't want any of my wedding photos on a commercial site even if it was a friends.
I think a friendly 'just so you know, you should have asked permission from me and definitely the photographer, who also needs a credit' would do the trick. How did she get the images if you didn't give them to her though?
I have spoken to her and she assumed it was ok to use the photos as it was doing a favour for me. I just feel like the bad guy now, especially as my dh is going to be a best man at her wedding this year. I felt I needed to say something but unfortunately she has taken it badly and now I feel in the wrong.
I think you could have gone about it in a more conciliatory way by saying that if it were up to you, you would have been happy for her to use the photos, but you wished she'd asked as it's really the photographer's decision as to whether she can or not. I think you've muddied the waters a bit by expressing your discomfort rather than simply outlining the legalities of the situation so I can see why she feels as though you have essentially complained about her use of your photos from your own perspective, especially as you say you would have allowed her had she asked.
It's a tricky one - I can completely see your point, but I think you have possibly put her back up with your approach.
DoJo I see what you mean and take your advice on board. I think I was just shocked to see her website shared on Facebook and feel slightly like my wedding is being used for purposes outside my control. I appreciate I may be being unreasonable, but I would have definitely agreed if she had asked. I don't like confrontation but sometimes I feel I have to stick up for myself. Maybe I shouldn't have as I feel this might cause a fall out
however clearance is needed from any subjects
I'm happy to stand corrected, but I am a lawyer with a particular interest in IP and have never yet come across this. What is your authority for this opinion?
I think you would be better off relying on the specific provisions in the Copyright Designs and Patents Act 1988 that gives you, as the comissioner of the photographs the right to prevent them from being distributed or displayed publicly.
So if she'd have asked you, you would have said yes?
And your agreement with your photographer allows her to use the pics for promotional purposes?
I'm really struggling to see what the issue is. Well, I get that it would have been nice to be asked, but really can't see why you felt the need to make a big song and dance about it after the event.
My apologies, I am not a lawyer and my only understanding is how it applies to my particular profession. I was given the understanding that anybody featured should, at least out of politeness if not the law, be asked for their permission to be captured. Not only due to IPR but also Data Protection. Please feel free to correct me if I am wrong.
I'm a lawyer (although not in this area) and agree with Bespoke.
Bespoke I thought the image reference was if you used someone's image (like in a photo) for advertising. So the local paper could print pictures of my kids at an event, but a business couldn't use them to advertise their goods/ services
You are not in the wrong OP. Why would she think it's ok to post your private photos online. . I get that she could post pictures of whatever it was she provided but not photos of you and other guests.
I think you are being really precious.
Yes, it was your wedding, but it was also her work in the photo's. Yes she should have spoken to you about it, but I don't think using the photo's was so inappropriate as to deserve that message.
If I read correctly, your photographer said she could use the photos...so the notion that she might want to did cross your mind.
She provided you with a free service, and now you are risking a falling out because she wants to use images of her work to help build her business. Surely friends want to see each other succeed?
I think YABU.
That is my understanding in these situations BeeppityBeep, although I know wedding photography can have slightly different rules. All I wanted was a quick 'is it ok if I use these photos', than yes ok. But now I have been made to feel the villain for questioning it, and apparently harming her business as she says she will now need to take them down, even though I have said she doesn't need to.
My DH is a wedding photographer. He gets his brides giving other suppliers permission to use his pictures all the time and it annoys him because rarely is he credited. If he's mentioned, he has no issue.
I think you could have gone about this by saying "can you put the photographer's name/website next to the photo? thanks!", in a nice friendly way.
lizKeen I don't think I am being precious at all but I respect your opinion.
I understand it was her work in the photos and I wanted to support my friend, but I said I would have liked to appreciate just an 'is it ok' and I would definitely said yes. It was just a shock to see my messages on a website and the shared on Facebook.
In case I didn't make it clear, and my apologies if so, as far as I know the photographer never gave her permission to use photos and made it clear in our agreement that they were for personal use only, not commercial and certainly not without her permission.
Without a doubt I want to see my friend succeed and that is why we agreed on this service, but the plan never involved publishing my images online. As much as I am annoyed that my image was used, I am even more annoyed on behalf of the photographer as I know their livelihood relied on their work and it shouldn't be published without their permission.
Don't most wedding photographers sell you the copyright as part of your package? Mine did. If that's the case then YOU own the copyright.
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