(And, I know I’m viewed as the Pinterest Slayer right now but I want you all to realize that this problem is not unique to Pinterest – it can be the same scenario with lots of sites out there.  So, for purposes of this scenario, I am going to use the fictitious site of “Sharemore” so that I’m not singling out just one of the many sharing sites in existence today.   The purpose of this article is not to hate on sharing sites as I think they can be very valuable to portrait photographers.  The purpose is rather to get you all thinking about how to safely and smartly conduct your business on-line).

Here is the story:

A photographer – let’s call him Boudie Shootie (mainly because it’s such a silly name I figure there is no way that I’m going to be accused of singling out someone who might have this name) conducts a boudoir session for an excited bride-to-be (we will call her “Boudie Bride”).

Boudie Bride and her fiancé are both in the business world with high ranking jobs at good companies.  In the South (those of you from the South will understand why this is important).  They are thrilled with the photos and Boudie Bride is so thankful to Boudie Shootie for making her look so beautiful.  At the proof viewing Boudie Shootie asks the couple if it would be okay for him to post some of the photos from the session on Boudie Shootie’s website.  Boudie Bride’s fiancé seems hesitant but Boudie Bride says “oh honey, these are classy and beautiful and I’m not showing anything people don’t see when I’m at the beach.  Plus, they will just be on his website.  Nobody from work will ever see them as they aren’t going to be searching for boudoir websites online.” (insert dramatic music here – da da DA DAAAAAHHHH).  The fiancé reluctantly agrees and Boudie Bride signs a standard model release which allows Boudie Shootie to post the photos on his website and blog and waives all claims Boudie Bride may have against Boudie Shootie for publishing said photos.  Boudie Shootie can see that the fiancé is nervous (after all, the fiancé is walking in circles mumbling something about vice presidents and bosses and such).  So, Boudie Shootie verbally assures the couple that if they decide in the future that the photos should no longer be shared he will be able to remove them from his website without a problem (more dramatic music).

Fast forward one year.  The internet has exploded with on-line sharing sites.  There are too many out there to keep up with.  Boudie Shootie uses a few of them himself but there is no way for him to really know what’s going on with some of these sites.  One day he receives a call from Boudie Bride’s now husband.  The husband says “Hey, so, I saw my wife’s pictures on Sharemore the other day after a coworker posted them on her page.  When did you put my wife’s photos on Sharemore and why are other people posting them?”  Boudie Shootie thinks fast and recalls hearing about Sharemore and something about other people sharing photos they find around the web but he doesn’t know much more about it than that.  He explains to the husband that he doesn’t use Sharemore but will find out.  He also reminds the husband that Boudie Bride signed a release.  The husband’s reply is along the lines of “yeah, for YOU to use YOUR photos on YOUR site where you can control them.”  Boudie Shootie’s heartbeat picks up a tad as he recalls the circling and mumbling and he assures the husband he will look into it.  What he finds is disconcerting.  Turns out Sharemore is a sharing site where other people can go to your website and copy the photos you have posted and share them on Sharemore.  Once there, others can reshare and reshare.  And once on the site, simply deleting it from your own website does nothing to remove the photos from Sharemore.

So now what does Boudie Shootie do?

Freak out?  Cry?  Tell the husband “tough cookies, your bride signed the release and there is nothing I can do?  Maybe close his photography business and go to law school?  Okay, okay, I realize now I have gone too far.  But seriously, what would you do?  Let’s look at some of the issues:

1. THE MODEL RELEASE

So, Boodie Shootie did the right thing to begin with by getting the model release, right?  Good start.  But was it enough?  In this scenario we know that Boudie Bride signed a standard model release that allowed Boudie Shootie to post images to his website and his blog.  We don’t know the exact language in his release but does it really matter since he didn’t, himself, post anything to Sharemore?  The answer is, it might.   If the release was narrowly drafted to give the photographer the right to post images to his website only, the client may be able to claim that Boodie Shootie should have done a better job protecting the images from unauthorized use.  Especially since she and her husband vocalized concern over the photos being seen by people who wouldn’t ordinarily visit Boodie Shootie’s website.    In today’s world where entitlement reigns and the majority of people in the world believe “if it’s on the internet then it’s mine to use”, photographers need to be very careful in protecting themselves AND their clients.   A good model release nowadays needs to specify that the client is giving the photographer all rights and licenses to use photographs containing the model’s likeness in all forms of advertising  both in print and online in Photographer’s sole discretion.  It needs to include websites, blogs, Facebook, Twitter, Pinterest, Flikr, Tumblr and all other social media and online services.  The release should also include a full waiver of claims by the model/client against the photographer for use by the photographer and for use, whether authorized or unauthorized, by third parties.  I would also suggest adding a statement to the effect of :  “Client hereby acknowledges and agrees that once the Photographer posts said photographs online, Photographer may no longer have control over further dissemination of such photographs by others and Client hereby indemnifies and holds Photographer harmless from any and all claims, damages and/or liability for publication of the photographs by Photographer or unauthorized third parties.”

“But, that is going to scare my clients away and NOBODY is going to allow me to use their photos!!”  you may be thinking.  Well, you may be right.   But isn’t it better that your clients and you know what you are getting into before something happens like the above scenario and you find yourself in Boudie Shootie’s shoes?

2.            SHAREMORE AND THE WORLD WIDE WEB

Okay, so your photos end up on Sharemore.  And now you want them off.  ow do you go about getting them down?  Frankly, you may be up Boudie Shootie Creek without a paddle -  especially if you posted the pics yourself on Sharemore.  By doing so, you likely gave up any right to complain if they are shared or re-used by other people.  Did you read the terms of use of Sharemore?  I’m betting you did not, but likely the terms of use give Sharemore the right to allow the use of the photos on the site by Sharemore and others and also contains some granting language giving licenses, etc to use your photos.  So basically, don’t post on third party sites if you want control of your photos.  BUT if your photos were posted there by others, without your permission, you may have some recourse.  Depends on Copyright law.  If you are thinking “Oh great.  Now I’m royally screwed,” you might be right.  It all depends on whether the use of your photos on the site is an infringement on your copyrights or if it is fair use.  Yes, that’s actually a legal term and has a complex legal definition and analysis rolled up into it.  IF the use of your photos on those sites does in fact fall under the Fair Use exception to Copyright laws (which they very well may), you cannot demand that they be removed.   Basically the “Fair Use” exception is a statutory exception to protection (now we are rhyming.  This is getting ugly).  However, if the Fair Use exception does NOT apply, you can demand that your photos be taken down and the site provider, by law, must remove them.  “But which is it??  How do I know if it’s this ‘Fair Use’ you speak of?“ Good question and I hate to say, I don’t have your answer to that.  See my previous blog posts and the tons of commentary following to see what I mean.  Fair Use analysis is very fact specific and the law is not black and white on the issue.  The opinions on it, both legal and layman, are all over the place.    Which means you and Boudie Shootie are essentially at the mercy of the site provider.  What you should do is send a takedown notice informing the site that your photos are being used without your permission and that your copyrights are being infringed upon and demand that your photos be removed.  Most sites will accommodate this.  If they do not, contact an IP lawyer and talk about your options.

“So now I’m spending legal fees just to remove my own photo from some website that doesn’t have my permission to display my work??”  Um, yep.  Welcome to 2012.

3.            PROTECT YOUR BUSINESS AND YOUR WALLET WITH GOOD WILL AND SMART MARKETING.

Okay, assuming that Boudie Shootie’s model release was all that it needs to be and legally he is protected from liability to his client whether or not Sharemore agrees to remove his photos,  should he tell Boudie Bride “sorry babe, nothing I can do” and keep business as usual?  Or should he perhaps rethink how he conducts his business online and also how he educates his clients?   Obviously, the service we provide to our clients does not end when the product is delivered.  Our past clients help bring us new clients – but ONLY IF THEY ARE HAPPY CLIENTS.  Even if a client gives you permission to post photos, she may change her mind later.  Maybe she was young and immature at the time of the shoot.  Maybe her life circumstances have changed and she is now going for a really important job at a conservative company.  Maybe she is running for office (oh wait, that might actually help her nowadays).   Regardless of the situation, I would suggest that if a client later changes their mind and wants their photos removed from your portfolio, you should remove them regardless of the model release they once signed.   Of course, you may not be able to remove them from sites such as Sharemore but you should explain to the client that you will remove the photos to the best of your ability and then take necessary steps to do so.  Of course, educating your clients up front will help with this process.  When Boudie Bride’s husband expressed concern over others seeing the photos, Boudie Shootie probably should have said right then “you know what?  Stop the mumbling and circling.  How about if I only use them for in-studio viewing and I won’t put them on the web because I can’t control what happens to them once posted on the web.”  Yeah, I know that’s not going to help make your website look better, but you can be sure that your honesty and proactive concern for your client is going to bring rave reviews by the client when she is talking with her friends who share her concerns over privacy.   For your online portfolio, consider hiring models.  You are paying them for the rights to use their likeness and that makes a BIG difference.  They are receiving compensation for your right to post the photos where you want.  They are not your clients and if they later change their mind, it is a lot easier to say “I’m sorry, but that’s what I paid you for.”  Paying models for shots does mean a bit more overhead for you, but it will likely be worth the peace of mind.

1. DO YOUR RESEARCH.

Don’t use the internet to promote your business until you know the internet.   And then be flexible enough to change it up as the internet changes.  Keep abreast (boudoir pun intended) of what sites are out there.  But don’t just follow the masses and jump in and start using a site until you know what it’s all about.   Take the time to learn about how the sites work, what their rules of etiquette are and, for Boudie’s sake, READ THEIR TERMS OF USE (I know, I know, zzzzzzzzzzzzzzzz).

The bottom line is that you will be in a far better position to protect your business and your wallet by first knowing what you are dealing with, second educating your clients accordingly and third using good legal documents to put it all into writing.

So what happened with Boudie Bride and Boudie Shootie?  Well, Boudie Shootie  got Boudie Bride’s images off the internet (or at least he THINKS he did although I’m sure someone at Facebook has everything in a folder and will someday use it all to RULE THE WORLD), he hired some models for his portfolio, created some really fantastic images and signed a commercial deal with a high profile advertiser and is making millions.  Boudie Bride went to law school and is specializing in intellectual property law and international law and plans to make her millions revamping the laws around the world to provide better protection for artists and a safer internet for its users.  She also believes in unicorns and searches the sky for rainbows.

THE END

P.S.  If you would like some info on good model releases, feel free to contact me via email at kirsten@ddkportraits.com or check with your local PPA.

Looking for a fun alternative for Girl’s Night Out?  While I admit that some nights sitting in a restaurant with my best girl friends spending too much money on frilly drinks and fattening appetizers is just the thing the doctor ordered, sometimes it’s fun to do something a little different for Girls’ Night Out.  So why not do something that makes you feel Beautiful?  Something that makes you feel Glamorous?  Something that reminds you that you are, in fact, still Sexy?

As a portrait photographer located in Alpharetta, Georgia, I have discovered that my camera has the power to make people feel good about themselves.  Boudoir portraiture is something that has been around pretty much since the beginning of time (think Venus!  And we’ve all seen the classical nude paintings in museums and history books!).  Modern day boudoir portraiture which is typically created through boudoir photography gained popularity in the 1980′s (remember Glamour Shots?) and has recently re-gained momentum, garnering national and world-wide recognition as a fun and inspiring way to celebrate the beauty of a woman. Whether single, engaged or married with kids, every woman should feel beautiful, desired and, well… Sexy!!  Obviously with our busy lives, this isn’t easy to do each day — especially when some of us can’t even seem to squeeze in a shower between dropping kids off at school and various activities, working all day, grocery shopping, laundry, cleaning, doctors appointments ….  I could go on and on but I think you get the point.  Not exactly the glamorous life and certainly not conducive to feeling beautiful and sexy, right?

So, why not take a break from all of that, get some of your most fun girlfriends together and schedule a Girls’ Day Out with ddkportraits/ddkboudoir?  My Alpharetta studio, with six stylized session rooms and private dressing area is the perfect place to come and hang out, laugh, dance if you want, and get your sexy back!  You don’t have to be 25.  You don’t have to be a size 4.  You don’t have to be an exhibitionist.  You just have to be a woman, over the age of 20 who wants to feel BEAUTIFUL!

I recently hosted a boudoir party with four fantastic women.  They were all middle-aged moms who wanted to be treated like supermodels.  So we got together for ddkboudoir’s  Girls’ Day Out and we had a BLAST.  Each woman brought what they were comfortable wearing and we turned on some music, laughed a lot and got some fantastic photos which they gave to their husband’s for Valentine’s Day.  Some bought boudoir albums.  Some bought prints.  Some opted for digital files.  But ALL had a wonderful time — including me!

The lovely ladies who came all agreed that I could share some photos, so I will now stop talking and let you see for yourself how relaxing and fun a ddkboudoir Girls’ Day Out Boudoir Photography Party can be — and just how beautiful you can look!!

Here is Ms. J. :

Stay tuned for some photos of the rest of the lovely ladies who participated.

If you are interested in a private Boudoir Photography session or would like to schedule your own Boudoir Photography Girls’ Day Out, please contact me at kirsten@ddkportraits.com or 678.386.4751.

For boudoir-inspiration, you can also follow my Boudoir Inspiration Board on Pinterest — you can get some great ideas for what to bring/wear and posing suggestions!

And the studio is the PERFECT spot for boudoir photography.  I have a comfortable, private dressing room, a full bathroom and even a kitchen which is great for hosting boudoir parties.  I will post some photos of the studio in a subsequent post and will keep you all informed of the launch of the exciting new website which will be at www.ddkboudoir.com!  Stay tuned!

Meanwhile, I thought I would share some of my favorite photos from a few recent boudoir sessions that were done at the new studio.

This couple has been married for a short time and asked me to photograph them at the farm.  They wanted portraits that were relaxed and fun and showed them as they truly are — together.  Of course I agreed and I met them at my favorite farm – The Farm at Pamelot in Milton Georgia — on a very hot and humid summer evening.  It had been a long day for me already and I was tired.  My kids were out of school and I had spent the day shuffling them to various activities.  Plus, did I mention that it was about a gazillion degrees out?

So, to be completely honest, I was probably not in the greatest mood that evening.  When the couple arrived we started the session just taking a few shots by a picnic bench and some bushes.  Within ten minutes it was clear that these two were simply adorable.

He looked at her in a way that simply said “I love you” without needing words.

And she giggled.

He put his arm around her waist.

And she giggled.

He pushed a hair out of her eyes.

And she giggled.

Soon I was smiling just watching them together.  And of course, I kept clicking away!  And she kept giggling.

Of course I was also smiling because the lighting at the farm on a gorgeous (but have I said how hot it was?) summer evening is simply luxurious and this evening was no different.

As the session went on these two walked and talked and it was clear that, while already married, their honeymoon is far from over.  The young love they share is priceless.  My goal was to give them photographs that capture it so that when they look back 10, 20, even 50 years from now, they too will be unable to suppress a smile and feel this way all over again!

Thanks to this beautiful couple for letting me capture this special time in their lives together!

To schedule your own “young love”  session, email me at kirsten@ddkportraits.com.

So, about a month before the wedding, we met for her session.

She brought such pretty lingerie and her confidence and easy-going personality made this shoot a breeze.

When I showed her the proofs from the shoot she was thrilled and then asked me to design an album for her to give to her groom the night before the wedding.  I designed a 12 page album using her favorite shots, beautiful backgrounds and even quotes from their wedding songs.   It was a simple black leather album — his own personal “little black book” if you will — of his new BRIDE!   The boudoir album turned out beautifully and she was very appreciative and excited to present it to her groom-to-be.

Well, last night was the rehearsal and I’m guessing she gave him the book.  I haven’t talked with her today but will see her this evening to shoot her wedding.  I’m dying to hear about his reaction to these boudoir photographs of his lovely bride.  He is one lucky guy and I’m sure he knew it before he saw this pics — but I’ll bet he has a little extra spring in his step today!!

And, just for the record, she IS somewhat conservative but also knows how to have fun — a perfect combination!  Check back to see the wedding pics — she is going to be stunning.

Have a fantastic weekend.

WANT TO SCHEDULE A BOUDOIR SESSION?  CONTACT KIRSTEN HERE

MAKE SOMEONE YOU LOVE FEEL BEAUTIFUL!  GIVE A GIFT CERTIFICATE

We had some beautiful fall foliage (just in time as the storms this week stripped the trees) to serve as bright, natural backdrops and they were troupers as I had them literally hike through the woods to find a field of tall hay grass that provided a nice, romantic setting for their portraits.

Here are some of my favorite photos from the session.  I am very much looking forward to their Atlanta wedding in February!   Stay tuned….

Everything about this wedding exuded nop-notch sophistication and elegance.  This bride is a true animal lover and a farm girl at heart and she even included her  dog and her two horses in the ceremony.  Not many people could pull that off with the class and sophistication this bride did!

The ceremony was outside in a gazebo adjacent to a horse pasture where her horses, Rodeo and Misty, watched and, at one point, Misty let out a low whinny as if to say congratulations.  The sun was setting behind  a storm that threatened the horizon and the light was soft and beautiful as it filtered through the clouds.  Fortunately the rain held off long enough for this couple to say their “I-dos” and for me to get these sweet shots.

Of course you are all probably wondering where the groom is in all of this!

Here is the lucky guy:

Of course a wedding blog post would not be complete with some fun shots of the reception….

First Dance

The Groom feeds the Bride

Mother and brother of the bride

Homemade Jam for Guests

This couple never stopped smiling through the entire wedding.  Either did the guests.  It was a truly fabulous celebration of the love these two young people share and if their marriage is even a fraction as wonderful, they will be blessed!  Good luck Juliette and Brandon and THANK YOU for allowing me to share in this wonderful day with you and your families!

To give you a picture of just how busy, my blog post just two posts ago was sharing gorgeous boudoir photos of a bride-to-be.  Those were taken in February.  Well, now it is June and that sexy, sophisticated girl in the lingerie is now a WIFE!    Yes, she got married.  Not only that, but it has been almost a month since the wedding and now, here I sit, finally getting around to sharing the pics on my new and improved Blog.  WHEW!

Okay, before I share the pics, I have to be honest — there is another reason for my neglect.  A culprit that you all are very familiar with as well and is a culprit in your own neglectful situations (and if any of you deny this, I won’t believe you).  It’s Facebook.  Yes, I know, I’m a cliche.  I’m a facebook junkie.  I have been attending to my ddkportraits page on Facebook while neglecting this cool, new blog.  What can I say?  I’m a Facebook addict.  I like instant gratification.  I have been posting and posting on Facebook and cheating on my blog shamelessly.  I admit it and I won’t even try to say that I will change.  Instead, I advise you all to embrace the Facebook with me and become a fan of ddkportraits so that you can keep up with my philandering ways and see my latest and greatest portraits and other photographic creations far before they hit the world wide web via my blog or my websites.

Okay, well back to the beautiful bride and her breathtaking wedding…..

Let’s start with pre-wedding preparation.  Like any good, involved, invested photographer, I attached myself to the bride and her girls a couple of hours prior to the actual ceremony so that I could get those “last-minutes-as-a-free-woman” shots….

the dress

the shoes -- a secret splash of color!

the rings

So now can you see it all coming together?  A gorgeous girl, getting ready to put on a gorgeous dress and a pair of fun, colorful shoes to compliment her personality and some gorgeous platinum and diamond rings to symbolize her love …

But wait, before I show the decked out bride, I want you to understand just how incredibly beautiful this woman is on the inside.  While she was trying to get herself ready for arguably the biggest day of her life, her younger sister and brother were also getting themselves ready and were having problems with their preparations.  Little sis was begging for help while younger brother just needed an extra hand to help him with some cufflinks.  Rather than call for someone to assist them, this bride delayed getting into her own gown and padded out into the hallway to help both of them with patience and grace.  Only after they were all set did she return to her bridesmaids who were, along with me, begging her to hurry and get ready so we would have time for the pre-ceremony portraits!

Okay, now that you “know” her a bit and you have been patient with my pre-ceremony “artistry” and “journalism” (thank you for that!), let me show you what you have been waiting to see — THE BRIDE — in all her gorgeous sophistication:

Gorgeous Bride

Country Bride

Lace Dress

Isn’t she fabulous?

Well, this post has gotten quite long and I really have to get back to Facebook.  So….. please check back as I will be posting more pics from this incredible wedding set on one of the most picturesque horse farms in Alpharetta and Milton Georgia and the fabulous tent reception that followed!

See you soon  – especially if you are on Facebook  ;)

I am so excited to share these boudoir portraits of this absolutely gorgeous bride-to-be.  The wedding is in May and this fabulously beautiful young lady hired me to do her boudoir session at my studio in Milton/Alpharetta.

She brought several changes of “clothes” and was so relaxed as we worked in my studio to create these very sophisticated, yet very sexy portraits.

To see more from this session, please see my facebook page by searching for ddkportraits!

And if you or anyone you know is looking for a boudoir photographer in Atlanta or surrounding areas, please call me or send me an email!  These sessions are so much fun and, as you can see, the results are something you (and your significant other) will cherish forever!

Let’s start by YOU all telling me what you think of my new blog (please be nice).  I’m open to comments and suggestions and welcome feedback (but if it’s super negative, please send me a private email instead of posting for the world to see  ).

And, in consideration of your attention and praise (hint hint), I am offering $100 gift certificate to the first five people who post a friendly comment on this site and get a friend of theirs to do so as well (the friend must be a new visitor who isn’t already playing).  The gift certificate will be for $100 off a photo order from any regularly priced session in 2010!  (Is such bribery shameful?)  Anyway…come on — talk to me!!