WATCH OUT FOR THIS when hiring a venue or vendor.

Some venues and vendors include a clause in their contract that boils down to "If you hire a photographer, we (venue/ vendor) get the photos too." 

Here’s why this is a big red flag for you.

According to US Copyright law, you cannot sign away rights you don’t hold. And in the US, the copyright for images is held by the photographer unless they sign it away. Hiring the photographer or being in the photos does not give you the legal right to grant their use. 

So what does this mean for you? Legal liability.

YOU CAN BE SUED for breach of contract if you give the photos to the vendor/ venue without permission from the photographer. 

YOU CAN BE SUED for breach of contract if you don’t turn over the images. 

How can you avoid this sticky situation?

Find a vendor that doesn’t insist on this provision.

Find a photographer who is ok with this provision.

Ask the vendor and photographer to negotiate directly with each other (and ask that the image rights clause be removed from your contract with the venue/ vendor).

Note: Most photographers grant a license for client use- ask your photographer what they are willing to allow, and on what terms.

Be sure to ask about this issue BEFORE signing anything with either the photographer or vendor/ venue. Clear communication & expectations are key to a good experience.

The more you know!