Break-ups: The Big, Untalked-About Risk of Team Branding Photoshoots
I cannot tell you how often this happens. It never fails.
You've invested good money in a brand photo session. You’ve done the damn thing. And then…a team member leaves forever.
By this point, I’ve decided it’s like a form of Murphy’s Law: If a team shift is going to happen, it's going to happen IMMEDIATELY after your team’s brand photoshoot.
I've seen SO MANY teams break up after their branding photoshoot, leaving the remaining team members with nothing but the disheartened feeling of losing a close friend.
And no one wants to talk about this. But we need to talk about it.
As uncomfortable as it feels, the chance of a team breakup (and what will happen to your images in the aftermath) is something to keep in mind as you plan your team shoot.
If a team member is in many of your photos, group shots, and Behind The Scenes images, there’s an unspoken risk that you can’t (or won't want to) use all of them—which would mean a waste of an investment for you.
But I firmly believe you shouldn’t be stuck with an expensive gallery of restricted images you can no longer use. Planning ahead is the best way to circumvent this situation.
Use this guide to help you prepare for a worst-case scenario and ensure you cover all the legal bases beforehand.
What To Know About Your Images Once Someone Leaves The Team
Most people choose not to use photos that include a teammate after they've gone because doing so is generally viewed as bad form, but I don’t believe that is necessarily true for every situation. This is why a pre-shoot team agreement is so needed and useful.
Ethically speaking, using those images is on a case-by-case basis, depending upon a few factors:
Type of Team– A small 2-3 team business differs from a large corporate brand.
Intent—Leaving a headshot up because they haven't gotten around to taking it down is also different from using someone's image in new ads on Instagram. What is the intent of the pictures still being used?
Legally speaking, if the intent is for advertising, you risk being guilty of “commercial misappropriation.” Misappropriation is when you use someone else’s name or likeness for the benefit of your brand, such as for an advertisement or commercial, without their express permission.
Laws may vary from state to state, but in Texas, the law considers commercial misappropriation an invasion of privacy. So, while you may own that team shot, if it contains a former team member, you may want to think twice before using it in your Insta ads. Your former team member or friend can legally demand that you take it down (UNLESS you had previously put an agreement in place).
A Good Rule of Thumb: It's best to err on the side of caution and not use images of someone after they’ve left your team – which is why it's best to have a plan in place before you even head in for your shoot together.
What To Do Before You Include Your Team In Your Brand Photoshoot
Why it may feel uncomfortable, it’s wise to at least discuss this situation with your group before planning/attending your brand photoshoot together.
At the very least, you want to gauge people's comfort levels and reach a verbal agreement about what you plan to do in this situation.
At best, you should have them sign a waiver/photo release. A photo release will help cover your legal bases if you plan to use their images long-term, regardless of whether or not they stick around.
Maybe you're planning to let someone go but haven't told them. Or perhaps you have a feeling someone has one foot out the door and won't be a part of the team for much longer. It’s a good idea to either not include them or talk with your photographer about how to include them very little.
This information is best shared with me ahead of time so we can make a plan for making the most of your time.
What To Always Do Before Going Into Business With Someone Else – Especially if They are Your Friend
Always, always, always – have a business agreement in place.
If a business relationship is like a marriage, a breakup is a divorce. When a business relationship fails, things have got to be divided. Often, the experience is messy and fraught with tension.
You probably went into business together because you had a mutual love and understanding for each other, but if that relationship ends, warm feelings can change quickly.
To make your life easier, always draw up a legal agreement covering what happens if you wish to dissolve your business, remove a partner, etc. Not doing this ahead of time can put all of us (yes, including your brand photographer!) in an awkward situation.
You will need a predetermined direction for moving forward with your photos and relationship. Best of all, if you do this ahead of time—with a lawyer—you'll know exactly what steps to take, and you may even be able to salvage your relationship.
How I Can Help
As an Austin, Texas-based brand photographer, I’ve walked hundreds of brands through the process of getting story-driven, results-getting team shots.
And I focus on more than just faces. When we work together, I’ll help you prep for worst-case scenarios like this one and more. On your discovery call, we can discuss who to include fully, partially, or even if there are members you can skip entirely. I’ll also help you navigate this tactfully.
Check out my story-driven, results-getting experience and book your stress-free experience to put your team in the best light.
