Does "exclusive rights" mean I can't post on my own blog or forum

I have blog and FB fan page for my photography. I recently granted a wetsuit company exclusive rights of a few photos they purchased. Does this meen that to honor their exclusive usage, I am forbidden from using them too? Or because I own the photographs I have inherent usage rights?

My guess would be you should not use them without their permission. Not just a possible legal problem, it's also bad form imho. Asking their permission says you respect them as a customer. That is, assuming it was a financial transaction.

My guess would be you should not use them without their permission. Not just a possible legal problem, it's also bad form imho. Asking their permission says you respect them as a customer. That is, assuming it was a financial transaction.

Good point

'Exclusive' means just that. You retained copyright? The rights are still yours but the exclusive use is with the client, normally for a period of time.

Brand association with a particular photo - part of their image & values to present to their customers - is valuable to the client. For that reason offering exclusive rights are valuable (in financial terms) to the photographer.

Cor is right. Wait until the exclusivity is over or ask first. Something like 'I would like to show the images and mention they are used to advertise your wetsuits......' may well swing it.

A contract to assign rights MUST include territory and time-scale or it has no value. If it is on any use to you to know, when I worked on multi-million dollar advertising campaigns it was always assumed that I could use the same pictures for self-promotion - otherwise how could I have got more work? They never printed my name on the ads!

I have blog and FB fan page for my photography. I recently granted a wetsuit company exclusive rights of a few photos they purchased. Does this meen that to honor their exclusive usage, I am forbidden from using them too? Or because I own the photographs I have inherent usage rights?

Often contracts will have carve outs where the photographer is allowed to use it for self-promotion/part of portfolio to show. If there is doubt, like Cor mentioned probably a good idea to ask if not clear on this one. If they purchased photos from you now, they may come to you again for something in the future. So why rock the boat. Even more so if the photos are something that are not so unique or special where you practically really "need" them. In fact if you are allowed to use the ad page on the FB page there may be even more value to you as showing as part of the portfolio. As long as you are not disparaging the company or product, chances are the company would like to have the ad out there on your Facebook showing their products.

Bottom line is that although there are many things that may be in the realm of okay to do (or not do) legally one way or the other, practical business considerations and relationships also are something to consider.

Thanks for the responses guys!

Cor was right, Its proper technique to ask if in doubt. I did ask, and the company has no problem with me using the image.

We never had a contract. Terms of photo use was printed on estimate and the invoice, with a 12 month term. I'm hoping that when the twelve months is over they will still have need for the photos and renew their usage rights. With that in mind it is absolutely vital that I have a good relation ship with them.

Even more so if the photos are something that are not so unique or special where you practically really "need" them.

The photos are good, Making great advertisement, and POP images, but not epic enough for a long standing portfolio. However I just finished with photography school and wanted to blog about my first job.

Does the invoice not become the contract?