Hello, i’ve been a photographer for sometime now. I have my own instagram page, my own equipment, and i have already posted a bunch. Recently i got hired at an event agency (photo/video) and i get to shoot most of their events (parties, weddings… you name it)
My problem is as follows: They want me to use their editing style (presets and colors) and put their logo on everything i take. I understand that those are their clients and hence they have their brand to show. But the real problem is that even the pictures i take myself, outside work, let’s say i call a friend out or take pics of my girlfriend and want to post them on my page, they won’t let me post without their presets as well (for marketing purposes) and to associate me with them.
I really hate this, because i can’t be creative anymore.
They pay really good money, so idk what to do.
How would you guys handle this?
(I can only speak if you’re in the US as I’m less familiar with laws in other countries)… Are you a full time employee and they provide your equipment when you’re working? If so this is problematic. Alternatively have you signed a contract that stipulates it as “Work for hire” (very specific wording)? If so that’s also problematic. In either of these cases any images you are paid by them to create would be theirs and you would not have any copyright claim (I know it’s often said that the photographer always has copyright but these are two exceptions… if you’re an employee as defined by IRS standards, or the work is contractually “work for hire” in which case the employer owns copyright, not the photographer). You should be free to do anything with the stuff you take outside, but you need to be very clear that it is your stuff and not use any of the company’s resources.but there are a few things they could argue (even if they’re not in the right) to make your life more difficult.
If you signed a “non-compete” it’s going to be extremely problematic for you as you posting your work to social media could be viewed as promoting your services.
Even if you’re legally in the clear, then it just comes down to client relations… how much is it worth to you to keep this client happy? I’d try to explain that they aren’t paying you 24/7 and they aren’t paying you to sit still. You can offer up an additional rate for an exclusive non-compete clause, but you have to be very careful with this and make sure that the money you’d make it worth it to you (honestly I’d have to make it absurdly high myself) or you can try to explain that they are paying for those images and not for your images.