ANSWERS: 3
  • "and a release form to the bride" depends on what you mean by that and what it says, exactly, and whether the bride signed anything and what, exactly, she signed. Maybe.
  • No. I would make sure the release form states this in case you have to sue this person.
  • Yes. When you hire a photographer to take pictures, it is the photographer who owns the copyright to the images. The only time this is not the case is when you have a signed agreement to the contrary. But FYI: no wedding photographer does this because they make most of their money on the prints. However, there is one caveat here that is worth mentioning, but probably does not apply. Even though the photographer owns the copyright, we all have a privacy right known as the “right of publicity.” What this means is that a photographer (or any copyright owner) cannot use or sell your image for commercial advertising without your permission. For example, suppose that I took a picture of you. I now have an image which I own the copyright to. What can I do with that picture? Well, I can display it in a gallery. I could sell prints of it. Or I could publish it for informational or newsworthy purposes. I can do all this because I own the copyright. However, what I cannot do is use the image to advertise a product or service. For example, put it on a billboard to advertise my services (or a bridal shop, or anything else). Note: the mere fact that the photographer is showing an image of you in his gallery does not make it a commercial use. Just because he takes pictures for money does not take away the artistic value of his work. As the copyright owner, he has the right to show his art, even if he is showing it to potential customers. It only becomes a commercial use when he decides to put the image on flyers, or billboards, or on the front of his store, etc. Note: the question mentions a "release from the bride." I am assuming you mean a release that waives her right to sue for breach of contract. If you mean a "model release," then he most likely has the right to use the image for commercial purposes as well (this is what a model release is for).

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