Viral But Broke in Yorkshire: Dear Devlin
DEAR DEVLIN
The Darker Side Of Going Viral
Dear Devlin,
I’m a wedding photographer and I’ve just had my first proper run-in with the dark side of going viral.
I shared an 11-second clip from a real wedding, guests ringing a bell at a prosecco wall. Just a normal, fun moment from the day. That clip has now hit over 7 million views on Instagram, and around 8.5 million once TikTok’s had a go.
After it took off, one of the guests in the video messaged me to say that because she was clearly identifiable and featured in the clip, and because of the reach it had achieved, she felt it should now be treated as a licensed use of her image. Her suggestion was a £3,000 fee for the video to remain online.
Here’s where it gets tricky for wedding photographers.
Our contracts are with the couple, not with guests. Always have been. We’re hired to document the day as it actually happens, people laughing, dancing, getting involved. Guests aren’t hired talent and weddings aren’t commercial shoots.
In commercial photography, consent is straightforward. People sign release forms or there are clear notices saying filming is happening. If someone doesn’t want to be included, they make that known at the time.
Weddings don’t work like that.
We can’t realistically walk around with a clipboard asking every guest to sign a consent form. We can’t put a roller banner up at the venue with our terms and conditions on it. It’s a wedding, not a corporate event, and doing that would completely change the feel of the day.
At the same time, social media is pushing wedding photographers more and more towards sharing short video clips alongside photos. More movement, more real moments, more guests in frame. It’s a big part of how couples now find us and how venues and suppliers share work.
That’s why this feels like something that’s only going to come up more often.
If a guest can decide after the fact that a moment now carries a price tag because it performed well online, it puts photographers in a really awkward position. Other than adding an additional clause to our contracts, what’s the best way for wedding photographers to protect themselves here without turning weddings into legal admin exercises?
Viral But Broke in Yorkshire
“This isn’t “licensed use” in the way they mean it“
Dear Viral But Broke in Yorkshire,
Wow, this is a new one on me – what a world! Let’s first consider the legal side:
In the UK, there isn’t a straightforward, automatic “image rights = pay me” system for everyday people the way some assume. Most of the UK “image rights” case law you’ll hear about sits in false endorsement / passing off territory (think celebrities and brands implying a partnership).
That said… weddings aren’t a free-for-all by any means, because once someone is identifiable, a photo/video is usually treated as personal data under UK GDPR. So this is a data/privacy issue.
And I do think there’s a quiet morality tale in here for all of us, because this situation exists in the gap between what we’re allowed to do and what feels fair to the people in the frame.
Your couple hired you. Your couple understands that you’ll share highlights. But that doesn’t automatically extend to every guest — especially when a clip rockets to 7 million views and suddenly somebody’s face is in front of more people than they are likely to meet in their entire life.
Just because we can, doesn’t mean we should
Social media has normalised “post first, ask later”. We’re busy, and we’re trying to keep the pipeline moving. We’re told we need reels, short clips, movement, energy – guests ringing bells at prosecco walls? Sounds fun!
But the second you post something, it’s public domain in the real-world sense (not the legal sense). It can be screen-recorded, shared, stitched, mocked, taken out of context. You can’t control where it goes once it’s out.
That’s why I personally have a blanket policy: I don’t put minors in my wedding marketing. Not because it’s “wrong” if you do, but because it removes a whole category of risk and discomfort. Kids can’t consent, parents have different boundaries, and honestly? It’s just not worth it.
And it’s not only children. You have no idea what an adult guest’s situation is. Some people have jobs that restrict their online presence. Some have safeguarding concerns. Some have stalkers. Some are private for reasons that are none of our business. So it’s worth holding that in mind any time we use guest content for marketing.
The £3,000 demand: handle the behaviour, not the number
Now, let’s deal with the reality of what’s happened.
A guest asking for £3,000 because a video performed well is… a bold move. From their POV they might assume that kind of attention is bringing you a high revenue. That’s not really how this works.
But I wouldn’t get dragged into debating “image licensing” with her. I’d treat this as a discomfort/privacy issue and take the professional route:
- Reply calmly, quickly in writing
- Say you’re sorry she’s uncomfortable.
- Offer practical solutions: remove it or edit it so she’s no longer identifiable.
If she’s a prominent part of the clip – as in, the clip is basically her – then yes, in an ideal world, you’d have reached out before posting as a courtesy. That’s not you “asking permission from every guest”. That’s you recognising when someone isn’t just in the background… they’re the subject.
Protect yourself going forward without turning weddings into legal admin theatre
You asked: “Other than adding an additional clause to our contracts, what’s the best way to protect ourselves?”
You’re right: you can’t clipboard every guest. So you build a light-touch consent system that’s normal in events land:
- Add a “Marketing & Social Media” clause to your contract with the couple
- Make it crystal clear that you may share short clips/stills for portfolio and promotion, and that the couple agrees to inform their guests that photography/video is taking place and may be shared online.
- Give the couple a ready-made line for their website / invite / order of the day. Something like: “Photography and short video will be captured during the day and may be shared online by our photographer. If you’d rather not appear, please let us know or speak to the photographer.”
- Build in a simple opt-out, such as add a section on your questionnaire asking if there are any guests that you should avoid including in any public online spaces.
This column is 100% anonymous, but funnily enough, when I opened my TikTok this morning, I was served a clip of you (I assume) now talking about how a guest asked for £3000 for appearing in your reel.
I may be wrong but I’m guessing you are now aiming to go viral with this version of it. So I’d just gently ask you to consider this: If your main aim with marketing is to book more weddings, you don’t need 7 million views. In fact, going viral often attracts the least useful audience possible:
- People with zero intention of booking you
- People nowhere near your location
- People who love a snarky comment section
- People who will turn a wedding clip into “discourse”
And do you know who might see that discourse? Your couple. Their guests. Their parents. Suppliers. Venues. Suddenly, your marketing has created a headache – as I’m sure you are feeling in the wake of this.
So reconnect with the actual point of content:
- Make content that helps your ideal clients plan a wedding.
- Make content that shows what it’s like to be photographed by you.
- Make content that builds trust, not just reach.
‘Viral but Broke’ sounds to me like you’ve lost your way a little and fallen into the trap of making content for high numbers and not for more bookings. Useful content beats viral content for photographers nine times out of ten.
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