This is the single most-contested clause in wedding photography after final payment. Most San Antonio brides don''t realize: under default US copyright law, the photographer — not the client — owns the photos.
The default rule
Under the US Copyright Act, the creator of a work holds copyright from the moment of creation. For wedding photography:
- The photographer owns the copyright.
- The client owns a license to use the images (usage rights), defined by the contract.
- The raw files (unedited RAW / NEF / CR2 files) belong to the photographer unless the contract transfers them.
What your contract likely gives you
Most San Antonio photographer contracts grant:
- Personal, non-commercial use of the edited images.
- Printing rights through the photographer or specified lab.
- Social media use with attribution.
What most contracts do NOT grant:
- Commercial use (ads, branded content, stock licensing).
- The raw files.
- The right to modify edits.
- Resale or sublicensing.
What you can usually buy separately
- Print release: $100–400 typical. Lets you print through any lab.
- Raw files: $500–2,000 typical. Often denied entirely — some photographers refuse to release raws regardless of payment.
- Full copyright transfer: extremely rare, $5,000+ if offered at all.
Why photographers don''t want to release raws
- Brand protection: raws without editing don''t look like their portfolio.
- Client disputes: clients who edit the raws themselves often badly, then claim the photographer''s work looks bad.
- Future sales: prints and albums bought later are a revenue stream.
- Industry norm: handing over raws is considered unprofessional in wedding photography circles.
How to negotiate before signing
- Include raw files in the package if they matter to you. Expect a $500–1,500 premium.
- Negotiate an expanded usage license for social/advertising if you run a business.
- Get a print release in writing so you can use the lab of your choice.
- Specify delivery format and resolution (high-res JPEG at minimum, sRGB color space).
What you CAN demand without extra cost
- The final edited gallery in the format and quantity the contract specifies.
- Backup delivery if your copy is lost within the contract retention period.
- Reasonable turnaround per the contract.
If the photographer is withholding the edited gallery
Different from raws entirely. Edited gallery delivery is a contract deliverable. Failure to deliver = breach = DTPA territory. See our earlier post on the DTPA demand letter.
The "commercial use by accident" trap
If you post your wedding photos to your business Instagram without a commercial license, you''re technically infringing. Most photographers don''t enforce. Some do. If you run a brand, get the license.
Sources: US Copyright Office — Works for Hire, US Copyright Act, general wedding industry practice.