As wedding photographers, our clients entrust us with artfully documenting one of the most important days of their lives. In order to do the best possible job for the couples who hire us, our contracts include industry standard exclusivity clauses that are designed to protect a couple’s right to privacy and that guarantee that the couple’s selected photographer can work without interference.
So when we had clients share their frustration about a vendor-photographer attending and shooting photos of their wedding without their knowledge, we wanted to make it right. With client privacy in mind, photographer Jenn Lindberg sent a polite email to the vendor-photographer in question, essentially informing him that she needed to respect her clients’ wishes for exclusivity moving forward.
No one expected what happened next.
The vendor-photographer responded by filing a lawsuit against us, coupled with a public Facebook smear campaign visible to hundreds of our industry peers. He also wrote defamatory emails to important referral sources (e.g. wedding coordinators) and to a former client. He even tried to file a restraining order against Jenn Lindberg the day before a wedding she had been contracted to photograph. Why? He believed his rights to photograph at a wedding — where he was not contracted by the couple — were paramount… and even more important than the bride’s signed contract.
We beg to differ.
For some brides, discovering that a photographer she did not know and did not hire shot images at her private wedding and distributed them without their permission feels like an invasion of privacy. The couple and their families, who have paid for and who are hosting the wedding, have the right to select the wedding photographer of their choice, see and experience those professional images of their wedding first, and choose how their wedding images will be shared.
Becoming targets of a defamation campaign, getting sued, and bearing the enormous burden of legal fees was stressful beyond imagination — for both of us and for our families. Fortunately, with the help and support of our attorney, Craig Barker, we were able to counter sue — and win. In fact, the jury awarded us a six-figure verdict to compensate for the defamation that had taken place. They clearly didn’t buy the argument that a vendor’s “right” to photograph a wedding trumped a couple’s right to privacy. Although we have yet to receive any money, we’re proud to have stood up for ourselves and our clients’ rights.
Having the court affirm photographers’ exclusivity clauses, sanction the vendor-photographer for bringing a groundless lawsuit in bad faith against us, and ordering him to repay our legal fees has been validating. Sitting in a courtroom and hearing the verdict come from a jury of our peers was powerful. However, the real victory that is needed is increased awareness and a respectful dialogue that encourages the wedding vendors to recognize the roles the client has carefully selected each of us to play so that we can all work together to make sure that the couple has the best day possible.
The business pressure to rapidly post spectacular, professional images on social media channels can be intense. Our photography companies, Jennifer Lindberg Weddings and Nichols Photographers, Inc., have both spent years building valuable relationships with our vendor peers. Part of that has included providing free marketing images to our fellow vendors—as long as the couples signed off on them first. When vendor-photographers shoot marketing images at couples’ weddings, they do not have contractual agreements with the couples, which means their photos can end up anywhere.
Since our lawsuit, some vendors have added the right to hire and bring their own professional vendor-photographers to their clients’ weddings to their contracts. This can create real conflicts of interest, and couples need to be aware of it. Do couples want multiple professional photographers competing against each other for the best photos for vendor business marketing? Or do they want to handpick their own wedding photographer, whom they choose to entrust with documenting their wedding day?
Some couples do want their weddings publicized; however, many publications have their own exclusivity requirements prohibiting posting professional images—especially of decor and design—on social media. By posting professional images on social media, a vendor can disqualify a couple from getting their wedding published or featured in a magazine or blog.
Vendors do incredible work for weddings, and they are deserving of beautiful images of the efforts they’ve made on behalf of couples. We understand. We are committed to finding a goodwill solution that doesn’t put a couple’s privacy or publicity rights at risk or harm our ability to do the best possible job for couples on one of the most memorable days of their lives.
As hired vendors, our obligation is to the couple and their families, not to marketing and promoting our businesses. We all must remember that a wedding is a sacred act and celebration, and not a media blitz for hired staff to promote themselves.
After all, it’s the couple’s wedding, not the vendor’s wedding.
This article was co-authored by Jennifer Lindberg and Jennifer Nichols
About the authors: Jennifer Lindberg and Jennifer Nichols are professional wedding photographers based in Texas. You can visit their websites to learn more about them and to see their portfolios.
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