Vondran Legal® - Strategic Copyright Insights.  The photographer and videographer shoot videos and take the photos. They own the copyrights, believe it or not. Make sure all rights are assigned to YOU!!  Call us to review or draft wedding media agreements that GIVE YOU THE RIGHTS TO YOUR IMAGES AND VIDEOS.  Call (877) 276-5084.

Introduction

It's your big day, and it's time to shop for a wedding photographer and videographer. One of the most often overlooked pieces of wedding or event planning is reviewing the agreements to make sure that after the pictures are snapped and the drone videos are captured, YOU (not them) own the rights to your imagery. This is typically negotiable, but if you are in a rush and just sign the photographer's agreement, you may come to learn that they have the copyrights to the media content, and you have nothing. You have signed over a model release and failed to add a copyright assignment so that you can do what you want with YOUR IMAGES that YOU PAID FOR. This blog highlights some of the important key issues to consider.

Is a wedding photo and video agreement a "work for hire"

Many people mistakenly believe that when they hire an independent contractor photographer, their final output of deliverables is deemed a "work for hire" and that YOU will thus own the rights to the final wedding imagery. This is not true. For wedding photography to qualify as a work for hire, it would need to fit into one of these nine statutory categories:

1. A contribution to a collective work
2. A part of a motion picture or other audiovisual work
3. A translation
4. A supplementary work
5. A compilation
6. An instructional text
7. A test
8. Answer material for a test
9. An atlas

If the photographer is an employee creating the work within the scope of their employment, that is different, and this can be considered as work for hire. However, wedding photography/videography typically doesn't fit neatly into any of these nine categories. This is why most wedding photographers maintain copyright ownership by default.

If this is true, even if there is a clause stating that the agreement constitutes a work for hire, it may not be enforceable as such because of the 9 limited categories. In these cases, you would need to make sure you have a copyright assignment whereby the photographer and videographer assign all the rights to the final images and videos so that the bride and groom own the rights to their own images, and it becomes the artist who must seek permission to use the content.

Attorney Steve® Vondran discusses the Work Made For Hire and Copyright Assignment

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Make sure to get an Assignment of the Copyrights

A copyright assignment is a legal transfer of ownership of copyright from one party (the assignor) to another (the assignee). Unlike a license, which only grants permission to use copyrighted work while the original creator retains ownership, an assignment transfers the actual ownership rights. When you get a copyright assignment from your photographer/videographer, you become the legal owner of the photos/videos, and it is YOU (not THEM) that have the legal rights to:

• Reproduce photos, film, or video
• Edit them as you see fit
• Create derivative works (such as a short movie about your wedding that you post on YouTube)
• Distribute copies to others
• Display them publicly (as in a photo gallery)
• Control how others use them (you have the right to sue for infringement if you register your Works).

This is why you should always make sure the agreement you are signing contains a copyright assignment clause. Take a look at this typical contract below. As you can see, the artist wants to hold all the intellectual property rights. They want to be able to exploit the videos and photos so that you have to come license it from them. I would never allow this and did not in my own wedding. Contracts are typically negotiable, and the more you are paying, the more this is probably true.

Sample copyright assignment clause (look at highlighted issues)

You can see this bride and groom signed away their publicity rights and the rights to own what they paid for. Don't let this happen to you.

Sample Copyright Assignment Clause

Here is a draft generated by AI for a quick look at what you might want to include in your agreement.

__________________________________________________________________

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Photographer/Videographer ("Assignor") hereby irrevocably assigns, transfers, and conveys to the Client ("Assignee"), and Client's heirs, assigns, and successors, all of Assignor's right, title, and interest worldwide in and to all photographs, videos, and other media content (collectively, the "Works") created by Assignor in connection with Client's wedding event on [DATE] at [LOCATION], including:

1. All copyrights, copyright applications, copyright registrations, and copyright renewal rights in the Works;
2. All moral rights in the Works;
3. All rights to reproduce, distribute, display, modify, create derivative works, and otherwise use the Works in any medium or format, whether now known or hereafter created.

Assignor further agrees:

(a) To execute all documents and take all actions necessary to secure, perfect, and protect Assignee's rights in the Works; 

(b) That this Assignment shall be binding upon Assignor's heirs, assigns, and successors; 

(c) That this Assignment constitutes a complete, entire, and exclusive transfer of all rights to the Works.

Notwithstanding the foregoing, Assignor retains a limited, non-exclusive right to use the Works for the sole purpose of promoting Assignor's services through Assignor's professional portfolio, website, and social media accounts, subject to Assignee's prior written approval for each specific use.  (this is much better).

This assignment shall take effect upon full payment of the agreed-upon compensation as set forth in the main photography/videography contract.

Assignor: ___________________________ Date: _______________ [Photographer/Videographer Name]

Assignee: ___________________________ Date: _______________ [Client Name]

Additional considerations

Here are a few things to consider in negotiating your final wedding photographer agreements

1. May cost more: Photographers typically charge a premium for copyright assignment since they're giving up future revenue opportunities
   
   
2. Negotiate the scope: The clause above covers all wedding content, but you could limit it to specific photos/videos if preferred
   
   
3. Artist's portfolio rights:  The sample allows the photographer to use images in their portfolio (with your approval), which is standard practice but can be negotiated
   
   
4. Payment timing: The assignment takes effect only after full payment, protecting both parties
   
   
5. Legal consultation and review: Have an attorney review any contract before signing, as copyright law varies by jurisdiction (for example, what happens if there is a dispute; should it be decided by less expensive binding mediation? Should there be a right to attorney fees for the prevailing party?

I recommend discussing your specific needs with both the photographer and a legal professional familiar with intellectual property law in your jurisdiction to ensure this clause meets your requirements.

Types of copyright infringement disputes that can arise

Here are a few examples of things that can go wrong dealing with IP in wedding photo and video contracts from actual cases:

• A wedding photographer sued a couple and an advertising agency after wedding photos were used in a commercial advertisement without proper licensing from the photographer. The court affirmed the photographer's copyright ownership and right to control commercial usage of the wedding photos.
  
  
• Photographers who took photos at a popular talk show claimed copyright ownership, while the show's star claimed the photographers were her "work for hire." The court ruled in favor of the photographers, establishing that event photographers generally own the copyright to their work unless specific agreements state otherwise.
  
  
•  A couple's wedding video was used briefly in a television show. The wedding videographer sued for copyright infringement, and the court recognized the videographer's standing as the copyright holder. While there might be a "fair use" argument, it is best NOT to be in this position.
  
  
• A couple sued their wedding photographer for failing to deliver photos (after a payment dispute), but the court upheld the photographer's copyright ownership rights since there was no copyright assignment clause.

Contact Vondran Legal® for wedding imagery and media copyright disputes

The best way to make sure your happiest day kicks off a dispute-free dispute against your wedding photographer or videographer is to make sure you are negotiating your best deal. You will typically have the bargaining power in these agreements (unless your artist is perhaps highly sought after). To ensure the best outcome, have your wedding media agreements reviewed by a copyright attorney BEFORE you sign it, and we can even help you negotiate acceptable terms. Since 2004, Vondran Legal® has emerged as the clear copyright boutique law firm in the United States. Call us at (877) 276-5084 or fill out the contact form on the right side of this page, and we will contact you.