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Did you close a wedding photographer? There's something you must insist on - Walla! Of money

2022-05-18T11:56:49.284Z


Maybe it's the excitement or lack of experience, but it turns out that many couples sign a contract with the event photographer to transfer ownership of the photos to the photographer himself.


Did you close a wedding photographer?

There is something you must insist on

Voice of Sasson and Voice of Prosecution: It may be the excitement or lack of experience, but it turns out that many couples sign with the photographer of the event a contract that transfers ownership of the photos to the photographer himself.

Everything important to know before closing with a wedding photographer

David Rosenthal

18/05/2022

Wednesday, May 18, 2022, 2:13 p.m.

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The wedding season is upon us, and after more than two years of dealing with events that involved particularly angular situations such as a sharp reduction in the number of people invited, adhering to a green label or performing antigen tests for guests - we can finally celebrate properly.

With all due respect to the color of the tablecloths, the design of the flowers and the flagship hit that will be played on the dance floor, there is only one thing that will go with the happy couple to the nursing home as well: the photos from the event.



Long after the magnets have yellowed and the memories blur, the pictures that will tell the intimate and unique story of the couple will remain.

And what if we tell you that the copyright in this special documentation of yours can belong to the photographer at all?

And it is possible, as has happened more than once in the past, that one day you will find yourself and your event used as an advertisement for a photographer who photographed you or even for a commercial company with which you have no connection?



Adv. Saar Gershuni, an expert in intellectual property and copyright, answers the important questions that everyone who plans an event must know - already at the stage of concluding the agreement with the photographer or photographers.

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Adv. Gershuni, what does the law stipulate regarding the rights in photos taken at the wedding?

"In general, copyright law states that a photograph is a 'protected work', and that the copyright in the work belongs to the person who created it, and in our case - the photographer; however, the law also explicitly excludes weddings and other private events, and stipulates The customers, that is, the people being photographed, and not the photographer's. "

If so, the law does not allow a photographer to make use of event photos for his personal benefit.

So where does the problem begin?

"The point is that the law also explicitly states that the photos will be of the client, the owner of the event, 'unless otherwise agreed' between the parties. ' Ask the photographer for permission from the photographer before using the photos or transferring them to a third party - and this is where the problem begins. The photographer.



"Over the years I have noticed that with all the organizations leading up to the event, many couples do not bother to read the contract they sign with the suppliers. The photographer tells them it is a 'standard' contract, and loads him with more provisions to obscure their waiver. "The right to privacy. Couples sign, and do not even imagine that they may find themselves unknowingly starring in a wedding advertising campaign. In the most extreme cases, they are even considered to be violating a contract when they upload the photos from the wedding to social media without giving credit."

so what are we doing?

"Do not sign the contract inadvertently. Take it home, and read it carefully. Look in the agreement for any reference to terms such as copyright, intellectual property or section 35 of the law - which is the clause that states the rights belong to the clients unless otherwise agreed and ensure that copyright in images remains with them and not "In addition, make sure that the issue of 'moral right' is regulated in the contract in a satisfactory manner - whether the couple should give credit to the

photographer



for each post of a photo on social media, whether the photographer can include photos from the event in his portfolio without permission from the couple, etc."

Did the photographer tell you it's a standard contract?

Be suspicious.

Adv. Saar Gershuni (Photo: Uri Livni)

In practice, have there been cases where the issue of rights has indeed been enforced?

"Certainly, and quite a few like that. For example, I came across a couple in the past who were surprised to see their photographer sell their pictures for a lot of money to a site that licenses generic pictures (like Shutterstock), and when I went through their contract I really saw that they gave them permission to do so. Income from this.



"In another famous case, where the rights remained with the couple who got married in the unfortunate Versailles disaster, they filed a copyright infringement lawsuit against the Maariv newspaper because it published photos from their wedding taken by the photographer they invited.

"Because they did not agree in advance that the rights in the photos would belong to the photographer, the newspaper was forced to compensate them with NIS 280,000."

  • Of money

Tags

  • Weddings

  • Photo

  • Events photography

  • Copyright

Source: walla

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