Artistic Rights Clause
This provision is basically about allowing you to retain the discretion of selecting the photographic materials that are released to the client. Because as you probably know, we as photographers rarely (if ever) release to the client every single image that we took during a session. And if you haven’t already, you will have clients that ask, “Can I have all the files, especially the RAW files?” No. Right here, this provision will cover you in that situation and give you a leg to stand on when you say ‘no.’ This provision also reiterates this point by stating that the client will receive a gallery of a number amount of photographs to select from and that they will not receive any photographic materials not presented to the client. (And the amount of images is completely up to you and whatever works best for your packages and collections.)
However, in certain situations, you can turn this into more customer service bonus points if you want. For example. If a client asks you “I really really like that one image, but I don’t see it here. Can you find it for me?” You can say that you’ll look for it or at least try and find it but don’t guarantee anything, etc., or something of the sort. Technically you have artistic discretion and you don’t have to do that, but it’s all about how much you want to go above and beyond for your client. Sometimes you simply may not have an image of the exact moment your client is looking for, and sometimes you may find it in your stash of RAW images from the shoot and decide to edit it and give it to them. Regardless, this provision covers you if you really don’t want to do that (or don’t have time, or you deleted the extra files that weren’t going to be presented to the client, etc.).
This provision also states that you have the right to make adjustments in post-processing as you see fit – so basically, you can edit the photo how you like and the client can’t object. It also states that if they want additional processing on top of what you’ve already done (“Can you make me look 20 lbs thinner and 10 years younger!?”) they must pay you a fee for that. And that fee will be whatever works best for you and whatever you feel compensates for your time appropriately. Or if it’s just a few images they want something small done on you can always get some more customer service bonus points and waive the fee. Totally your call! This part of the provision is just to make sure that the client knows they can’t ask for endless processing and editing, and discourages them from asking for large amounts of additional editing. (Your time is valuable – removing every single wrinkle from a client’s images may thrill your client, but there’s more than likely better things you could be doing with your time.)