Would You Barter With The Photographers??
Business By Cakenicing4u Updated 25 Aug 2007 , 1:23am by Cakenicing4u
We noticed in some of the wedding magazines that they include a few pictures of the happy couple cutting the cake. We all know that they take those photos!! We were thinking that it would be nice to have a couple of those photos to hang in our shop. WITHOUT pesting our precious clients. So what would you say to this idea?
Make up a letter to send to local photographers with this offer-- For every twelve photos of OUR cakes and couples they provide to us, say, 5x7 or something specific, we would offer them an 8" dessert style cake. That's just generic cakes, with no writing or anything, the fastest and easiest ones for us to make.
It would be a way of working around the couple.... but then I sitting here thinking that to hang the picture, we would need the happy couple's OK.... so maybe on our cake contract include a clause about our right to hang a photo of them and their cake?? I dunno, I just wanted some feedback on this idea...
I always offer to buy photos from the photographer (I don't want to sound like some of our clients who expect everything for nothing!), however, they usually just give me the photos if I will credit "Photo by xxxx". And I find brides/grooms are usually MORE than pleased to have a picture of them as part of your wall of fame or your advertising.
I think that's a great idea too. After I got married, I went to a bridal fair with a friend. We saw my photographer and were chatting with him just a bit. Then he said to look at one of his albums. There was a picture of our wedding. I was kind of excited that he thought we looked good enough to put in his portfolio, not that we're the Klampetts or anything, but looking back, what was I thinking when I ordered those bridesmaids dresses?! 
So I was pretty impressed that he would put us in there. I would think our customers would feel the same way. 
It might get tricky going to the photographer. Does he/she have the right to sell/trade photographs commissioned by someone else? Im a little weird about photos, and I would get upset if a photographer started selling pictures of me.
I would make the offer to the Bride and Groom directly. Tell them that if they bring in a professional photo of the cake (featuring the happy couple of course) that you will give them an 8" cake. Who can resist free cake?
It might get tricky going to the photographer. Does he/she have the right to sell/trade photographs commissioned by someone else? Im a little weird about photos, and I would get upset if a photographer started selling pictures of me.
I am buying photos of my cake and my buffet. I approach him/her at the reception and "hire" him/her to take these photos for me. I don't approach him after the fact. One time, I forgot my camera and neglected to connect with the photog. I contacted the bride to get her photographer's info and told her why I want it. She gave me the info so obviously it was not a problem.
Most photographers retain the copyright for wedding photos--very, very, very few give that intellectual property to the bride and groom. So yes, the photographer is the appropriate person to contact if you want a picture of the cake.
BUT most photographers, even though they retain the legal right to the image, are respectful of the feelings of their clients, and also require you to secure permission of the couple before allowing you to use the image.
So I always ask both the couple and their photographer. I offer photo copyright credit, including contact information (either website or phone number) imbedded in the image. I cover my ass and keep everyone happy.
What about putting in your contract that you want a 5/7 of the cake cutting from the client, and permission to post it. That way you don't have to worry about the photographer. And you get the clients permission at the same time.
You can even offer part of the cake cheaper for the cost of the photo.
cCc
It might get tricky going to the photographer. Does he/she have the right to sell/trade photographs commissioned by someone else? Im a little weird about photos, and I would get upset if a photographer started selling pictures of me.
I am buying photos of my cake and my buffet. I approach him/her at the reception and "hire" him/her to take these photos for me. I don't approach him after the fact. One time, I forgot my camera and neglected to connect with the photog. I contacted the bride to get her photographer's info and told her why I want it. She gave me the info so obviously it was not a problem.
Originally my issue wasnt with a picture of the cake, but a picture of the cake that included the bride and groom. I wouldnt want the photographer selling prints of my image to anyone who asked (creepy stalker/ex-husband comes to mind).
But the question has got me thinking.
There have been numerous forum threads about web sites posting images of others peoples cakes. Everyone universally agrees that this is wrong. But what if I, as photographer/cake decorator, create a web site featuring photos I have taken of other designers cakes. Is that legal? Im the photographer. I took the picture. I own the copyright to my photographs, don't I.
In this situation who actually owns the copyright? The original cake designer or the photographer who took the picture?
In that situation I'd just make sure you have the permission of the couple to use their image. Your right you have the right to use your own picture but not the people. Does that make sense? So if you were to use that photo with out their consent then you'd have to blur their faces, and that defeats the purpose. IMHO
cCc
But what if I, as photographer/cake decorator, create a web site featuring photos I have taken of other designers cakes. Is that legal? Im the photographer. I took the picture. I own the copyright to my photographs, don't I.
In this situation who actually owns the copyright? The original cake designer or the photographer who took the picture?
The difference between this situation and the other threads on this topic is that you, as the photographer, would not be passing off the cakes as your own creation. Your website is showing your photography talents, not your cake making talents.
A photographer owns the copyright for the actual picture, but must obtain a model release from the people in the photo, or if the picture is of a thing, that belongs to someone else they need to obtain a property release. In order for them to legally use them on a website, in a portfolio, or for profit they need to have the release. I do not think that they can legally sell you a photo from the actual wedding without the bride/grooms approval, because they are the ones that hired them, and you must have permission to use a picture with the bride and groom in it as well.
The photographer might agree to take a photo of the cake before the ceremony for you, but I do not know if they would barter to the extent of 12 photos for 1 dessert unless they were willing to give a significant discount on the prints. Generally a 5x7 runs between $12 - $20 sometimes more depending on the photographer. In which case, at the lower price of $12 per photo, that would be $144 worth of art work for maybe what, a $20 - $30 dessert? I don't really know cake prices, as it is just a hobby of mine, photography on the other hand I do for money, and I would really have to think about it. Granted, if you let me put my name on it and put some business cards in your shop for free advertising as well, as a free dessert, I might be more inclined to agree to it.
Resa made some good points. I'll only nuance that answer by saying that if an object is in a public place, you do not need any sort of property release form. (Indeed, in most circumstances you also don't need property or model release forms, but it's always better to cover yourself!) The cake designer retains the copyright for the cake design, and the photographer has a copyright in the photograph.
Good Points here, from everyone!! I was just tossing the idea around in my head, and this helps me to figure out the ups and downs before I take it to my boss.
Quote by @%username% on %date%
%body%