Do Wedding Photographers Own Your Photos + Other Photography Contract Terms Explained
It’s time to get married and you’re starting to find all of your vendors but now you’re sitting in front of a screen looking at a contract from your photographer that maybe feels like it is written in a foreign language. You’re probably thinking things like “Do wedding photographers own your photos?” and “What is a model release?”
As a wedding photographer myself, I know how confusing all of these legal terms can be sometimes. I mean, how often in your everyday life are you navigating who owns a copyright and who can or can’t I print my photos with?
Don’t worry, though. I’ve got you covered. I wholeheartedly believe that you should be able to understand what you’re signing before you sign it. I’m going to break down some of the most common terms you’re going to see in your wedding photography contract!
Common Wedding Photography Contract Terms
Copyright & Reproduction (ie do wedding photographers own your photos?)
Something you’re bound to see in every single wedding photography contract is information on the copyright and how you can or can’t reproduce the photos in the future. In basic terms, the copyright itself means that you can’t use the photos for commercial purposes.
You’re not able to take the photos that you get from your wedding photographer and edit them, sell them, or use them for your own financial gain. There is a difference between copyright and print rights (ie reproduction).
While almost every photographer is going to retain the copyright for the images, the print right gives you the right (or not) to get the photos reproduced wherever you want. If you want to share them all over your social media, go for it! If you want to head down to your local Walmart and get prints you can hang up at home, more power to you.
This is how I set up my contract to allow you the most flexibility when it comes to printing and using your images. You may also find that some photographers only allow you to print through their online gallery, so make sure you read this to understand how you can actually print your photos!
Model Release
A model release is also another really common clause that you’ll find in these contracts. It’s also one that may vary by photographer or even by the type of session you’re doing. This basically gives the photographer the right to share the images on social media, websites, marketing materials, or in any publications they are featured in.
I mentioned that this may vary depending on the type of session. You may find that in your wedding photography contract, you give the photographer full release to use the photos however they want, but for the boudoir session that you’re doing before your wedding, it is much less broad or it prevents them from using them at all.
You want to make sure that you’re comfortable with how your photos are being used so if you do have a question about the specific release terms or want them adjusted, just talk to your photographer. I’m never offended when my clients bring this up and am happy to amend or remove it altogether depending on your comfort level!
Exclusive Photographer
This one may be a bit easier to understand, but this clause essentially lays out whether the photographer is the only professional photographer allowed to photograph at your wedding or not. Most wedding photographers likely will want to be the only photographer at your wedding so they aren’t fighting with someone else to get the shots that they need.
This also includes other vendors wanting to bring their own photographer for their content creation or even if you have any guests who are photographers trying to build up their own portfolio. I personally don’t mind if your guests are taking pictures with their phones or any non-professional cameras. As long as no one is actually getting in the way of me getting the shots you want, I say click away!
However, when there are other professionals there, it can hinder my ability to actually get the photos that you and your partner want. It can also make giving credit to your photographer for any pictures that are posted confusing.
Most photographers are going to get their name out there through tagging on social media. This can sometimes mean that proper credit is not given if multiple photographers’ photos are put in the same gallery and can cause confusion on who actually took the photos.
I also just want to clarify here that photographers and videographers are different. While you may not be able to have two different wedding photographers at your wedding, you’ll still be able to have a photographer and a videographer (because let’s be real, who doesn’t want to watch their wedding back in all its glory 15 years from now??).
Retainer
You may find that some photographers have a retainer that is built into their contract. This is going to be a bit different than a deposit, so you want to make sure you look for this and understand if/what investment you need to make at certain times throughout the process.
A retainer is going to secure the date for your wedding. When my couples book and pay the retainer, I turn away all other business for that day. This, unlike a deposit, is non-refundable. In broad terms, it minimizes opportunity costs: if you were to cancel or reschedule, I haven’t completely lost money for that day since I did turn away anyone else looking for that date.
You can think of this almost like a booking or reservation fee, similar to what you may pay at a hotel. This is something that is going to get applied to your final bill, but also protects the time and energy that your photographer is putting into your wedding.
It also pays for the work that happens before your wedding like:
- Email communication
- Consultation calls
- Location scouting (especially in cases of elopements)
- Timeline planning
- Engagement session (if your package includes one)
- Wedding planning guide that I send all of my clients
- Curated vendor recommendations
- Coordination with other vendors (such as working with the wedding planner or talking to the videographer beforehand)
When it comes to the difference between this and a deposit, a deposit is something that is returned when the services have been completed. It is also something that may be refunded in the event of cancellation (depending on the contract).
Your retainer is going to be non-refundable so if you cancel or reschedule, you won’t get that money back. However, what you pay will be applied to your final bill. This means, that once your wedding happens, the amount you have paid for your retainer will be taken off of any final balance you owe!
Image Delivery, Processing, Culling, Artistic Style, Etc.
This part of the contract is going to give you a lot of the nitty-gritty information on what you’re actually going to get as your end product. For example, are you going to get RAW/unedited images? Are you going to see all of the images or just a curated gallery? When can you expect the gallery to be delivered?
It’s important to read through this section carefully (and ask clarifying questions when needed) to make sure you understand exactly what you’re getting, as each photographer will have different deliverables and timelines.
For example, with my clients, I don’t typically share RAW or unedited images. Part of what you’re paying for is my eye as a photographer. This means you aren’t going to see every single image that was taken because not all of them are going to meet my standards.
I’m also going to edit your images with my unique style, and the final gallery that you get is going to be specially curated to tell the story of your day. (This is also why it’s so important to pick a photographer whose style you love as every photographer’s style is different!)
It is possible that your photographer may also have the option to purchase RAW or unedited images after your wedding. This isn’t going to be the case for all photographers so if that is something that you want, be sure to talk about that with your photographer, but also respect them and their process.
Meal Breaks
Meal breaks are definitely something that is important, especially with wedding photography where they are going to be with you the entire day. I mean, you’re planning on eating throughout the day so why would your photographer not want the same?
There’s really two main things that you want to pay attention to here when it comes to this section:
- When the break(s) are actually going to take place
- If they are bringing their own food or if you’re providing it
When it comes to breaks, most photographers are going to plan them during the natural breaks in your wedding day. For me, that means that I’m going to eat when the couple/wedding party eats so that I’m finished eating and ready for the next event of the day.
The reason I say the couple and not guests is because most of the time, they will be the first ones served. Toasts usually start after everyone is served, so if I’m not able to eat before then, the speeches will have already started by the time I go to eat and I’m supposed to be photographing again at that point.
Eating with the couple also allows me to sneak away with them as soon as they are finished to get some sunset photos. We can’t control when the sun goes down so if we are all on the same schedule, it makes it easy for us to slip out together to get those shots!
And, let’s be honest, who wants a bunch of photos of people eating anyway?
For the food, this is something that is going to vary photographer to photographer. Some photographers will plan on bringing their own meals to eat during the day (especially if they do have dietary restrictions), but some may also have it built in that you feed them.
It is the norm to have a vendor meal for your photographer or to at least allow them a 30-minute break while everyone else is eating to eat their own meal or leave and go get food. Make sure you build this into your schedule and talk with your photographer about what you’d like to offer!
Cancellation or Rescheduling
Finally, we have cancellation or rescheduling clauses. As much as we wish it didn’t happen, sometimes things come up that may cause you to need to reschedule or cancel your wedding altogether. Again, there are two main things that you really want to pay attention to here:
- The timeline for when you need to cancel or reschedule by
- Any payment that is or isn’t going to be returned to you
With the timeline, you really want to pay attention to how far in advance they need notice. While you definitely have a lot going on if you’re, say, rescheduling your wedding, it’s also important to understand that your photographer may be booking out far in advance so if you wait until the very last minute, they may already be booked for your new date.
For payments, you really want to pay attention to if anything is going to be returned to you when the cutoff is for actually getting any money back, and if you still need to pay regardless of if you go through with the wedding or not.
If we are looking at my current terms, I will keep the retainer but refund you any payments you may have made if you cancel more than 30 days out from your wedding. However, if it is within 30 days, any payments you have made are forfeited.
While this is absolutely one of the clauses in the contract that we really hope you don’t need to use, you still want to make sure you fully understand what you need to do and what the outcome will be if something does happen!
Final Thoughts on Photography Contract Terms
Hopefully, this helps give you a bit of an insight into your contract from your wedding photographer so you can answer all of the questions like “Do wedding photographers own your photos?” and “What happens if I need to cancel?”
We want this to be an incredible time for you and stressing over a contract filled with things that just go way over your head is definitely not the vibe. If you’re still looking for the perfect photographer, I’d love to chat! You can click here to learn more about my wedding photography services or head over here to get in touch. And don’t worry, I’ll be here to answer any questions you have about our contract together!
