[dirtsellerpaul]

This is something that I have never seen discussed when talking about contracts with clients. Do any of you have a section in your contract that specifically deals with the use of photos of the finished projects, or is it just a given that you are able to use pictures of your work in future promotional material?

[Stonehenge]

We include it in the contract. I've heard of others being sued over it for not getting authorization, so we just made it part of doing business with us.

[papercutter]

This is in my agreement:

5. Use of Finished Work: Any awards or commendations for the design remain the property of the Designer and may be used in portfolios, advertising, etc. The Client agrees to allow the Designer to photograph the design upon completion of the installation, and allows the Designer free use of the photographs for portfolios or other marketing materials. Client names or addresses will NOT be used without the express written consent of the Client.

[Stonehenge]

Here's ours:

PHOTOGRAPHS
Often Stonehenge will photograph completed projects to use in promotional pieces and other forms of advertising. By accepting this agreement you give Stonehenge expressed permission to photograph your property and use those photographs in any promotions Stonehenge deems appropriate.

[4seasons]

I've never even thought of that before.
I've always just taken pictures.
Have people gotten angry or sued over something like that?

[dirtsellerpaul]

I appreciate your replies and samples. I can't imagine that too many people would have a problem with having their yard as a feature in promotional material, but better to cover my butt!

Our original draft of the contract was very "fair" to the customer, but on reflection, I think it makes more sense to protect ourselves first.

Off to the lawyer for his 2 cents in the morning.

Thanks again!

[jshilan]

Stonehenge's and papercutter's advice and language is very good. It is a good policy and should be a line item in your proposals. I have clients that are very private and absolutely do not want their home plastered on brochures, websites and post cards.

Besides covering yourself, there are several valuable reasons to want to have a client agree to having photos taken.

What if they didn't want this done and you innocently used these pictures in your marketing pieces? What if they thought you were just using these pictures in your portfolio but instead they see their house in a full page ad in a local magazine? You again are minimally opening yourself up to having to dispose of some expensive marketing pieces and also potential lawsuits (remember, I'm from NJ the lawsuit capital of the world).

It's a good policy to discuss everything up front so that there are no issues later. When I discuss this with clients I always offer to give them copies of any pictures we take. This is a nice thing to do and will make clients more at ease with the idea. Also, if you do want to use their home in any marketing pieces you should clear it with them first. Taking pictures and using the pictures are not necessarily the same thing.

Finally, if you are having professional pictures taken, make sure that you discuss how these pictures can be used and who has the rights to them. There are very strong, enforceable copyright laws in the US (not just NJ) and you need to be aware of them.

Disclaimer:
Any information listed above is for entertainment purposes only. Please consult an attorney before following any of the recommendations listed above. I am not an attorney, not even a paralegal, although I did enjoy LA Law and The Practice (now Boston Legal)

[dan deutekom]

I have had clients that did not want pictures taken for security reasons. Many people go to great lengths to make there homes and possesions private and secure. A public photograph of their property is counter productive to this security. Always get written permission first. Just imagine the law suit if you publish a picture and the client sued you because they felt a criminal used the photo to plan a crime of their home.