Can a photographer use your photos *without* your permission?
Yes & no. 🤨
This issue is more an ethical matter than anything else. It is not so much if you "can" but more if you "should".
Let's analyze this step by step, shall we?
1. Why sharing photographs matters for a photographer
Photographers live off their photographs. It is therefore important that they can use the photographs they shoot as part of their portfolio, of course.
Think: if photographers had no portfolio, how would you, as a client, find them? How could you know what style of photography they do?
No portfolio = no customers.
2. Customer’s privacy
While point 1 is true, it is also true that we must (as professionals) respect the privacy of our customers.
Photography can be something very vulnerable and intimate and not all couples/people feel comfortable seeing their images released for the contemplation of complete strangers. So, what should you do?
♡ As a client
Ask your photographer what will happen to the photos resulting from your session. If you have any reservations about sharing them, share that with your photographer prior to booking. This must happen before even booking because the photographer might not be open to abdicate to their right of using their work as part of their portfolio. Some photographers might also require a fee in order to not use your photos in their portfolio so it is better to have this details sort out before booking.
Try to reach a good middle point for both parties: maybe you don't mind sharing some images if you can choose which ones. Or maybe you just don't want to share more intimate photos like the ones where you are kissing your better half, for example.
In any case, communication is the key.
• As a professional photographer
Make it clear from the beginning what your intention is. Preferably, a paragraph should be included in the contract on this matter. If you don't use contracts (you should!) ensure that you address the issue even before the booking as this might be a subject your customer might not be open to even negotiate.
The relationship between photographer and client is very important: if there is no mutual trust, neither the result nor the experience (especially the experience!) will be good so it’s up to both parts to be clear and communicate from day 1 and if you are a professional you have the duty to be fully transparent with your client since the very first contact.
Hope this article has been helpful!
See you in the next one!
Love,
Patrícia
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