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09/15/2011 10:07:06 PM · #1 |
Sooo... If you shot a series of photos for a client who paid you what you asked and you gave him permission to reprint for non-commercial purposes, but then that client edited the images in odd programs and posted them... (not saying where he got the images)... what would you feel/think?
I'm just wondering...
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09/15/2011 10:19:12 PM · #2 |
| Hmn. Just heard a photgrapher/gallery owner say that if you were hired to make the photos, they then belong to the hirer. What you can do and prolly have done is supply him/her/them with a smallish, definitely less than full res file. Your work was bought. |
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09/15/2011 10:22:19 PM · #3 |
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09/15/2011 10:26:21 PM · #4 |
I'd never do an work for that client again! boo hiss!
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09/15/2011 10:31:13 PM · #5 |
Let me offer you this, hypothetically:
My client is a winemaker. He hires me to shoot his vineyards and product, and pays me $1500, my going rate for a day of shooting. I send him the files, as agreed.
So here's a couple points:
1. Absent a contract specifying otherwise, I would not expect my client to credit me when using my work.
2. I would consider it NORMAL for one of my client's designers, with his ad agency or whatever, to modify those files, as needed or desired, for whatever uses he planned to put them to.
I can't imagine complaining because the client does some odd morphing, and especially not if my name isn't even mentioned.
I may have this all wrong, of course, but educate me if your situation is different. Just know that we, as professional photographers, actually have very little (or no) control over how our work is used in the end, by the client and his designers.
R.
Message edited by author 2011-09-15 23:09:09.
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09/15/2011 10:54:38 PM · #6 |
| Agree with Bear - absent a contract specifying they cannot alter the images and if your name is not associated, who cares? Do not become emotionally attached to the products you are selling. My two shiny pennies. |
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09/16/2011 12:48:08 AM · #7 |
I guess I don't understand what you mean "edited them in odd programs"
What does your contract say?
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09/16/2011 12:56:28 AM · #8 |
Like Photoshop version 5, Lightroom version 3, Paint Shop Pro 7 ....Odd programs.
Originally posted by Spork99:
I guess I don't understand what you mean "edited them in odd programs"
What does your contract say? |
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09/16/2011 06:28:06 AM · #9 |
Originally posted by LydiaToo:
Sooo... If you shot a series of photos for a client who paid you what you asked and you gave him permission to reprint for non-commercial purposes, but then that client edited the images in odd programs and posted them... (not saying where he got the images)... what would you feel/think?
I'm just wondering... |
I would think you need a clearer contract with your clients so that there is no room for this type of misunderstanding. If you don't have licensing that spells out what can and can't be done with the files you deliver, you will have no control and realistically little recourse over what happens to them. |
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09/16/2011 07:21:39 AM · #10 |
Originally posted by kenskid:
Like Photoshop version 5, Lightroom version 3, Paint Shop Pro 7 ....Odd programs.
Originally posted by Spork99:
I guess I don't understand what you mean "edited them in odd programs"
What does your contract say? |
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Well done! |
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09/16/2011 07:31:34 AM · #11 |
Originally posted by kenskid:
Like Photoshop version 5, Lightroom version 3, Paint Shop Pro 7 ....Odd programs.
Originally posted by Spork99:
I guess I don't understand what you mean "edited them in odd programs"
What does your contract say? |
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They are the prime programmes people use for editing.
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09/16/2011 09:26:03 AM · #12 |
| I wish someone wanted to steal my stuff, even if they wanted to touch it up. Its all perspective folks. |
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09/16/2011 12:02:18 PM · #13 |
Actually, I'm not upset at all since my name was not used. I just thought about how this might be a problem later on.
When I'm really, really famous. <--- joking
Seriously, I was wondering how TRP (The Real Photographers) felt about this when it happens to them. I assume the contract is the contract and they would just alter it in the future.
I don't even have a contract... just give them permission to reprint for non-commercial purposes. So, as you can see, I really don't care. :D
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09/16/2011 12:07:06 PM · #14 |
| Lydia, if you have any concern at all about your work and how it is used, either now or in the future, you need a contract. At the very least, a model release for every person you shoot. I.e., Getty Images will not license any image without a model release. |
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09/16/2011 12:22:29 PM · #15 |
Originally posted by LydiaToo:
Actually, I'm not upset at all since my name was not used. I just thought about how this might be a problem later on.
When I'm really, really famous. <--- joking
Seriously, I was wondering how TRP (The Real Photographers) felt about this when it happens to them. I assume the contract is the contract and they would just alter it in the future.
I don't even have a contract... just give them permission to reprint for non-commercial purposes. So, as you can see, I really don't care. :D |
You cared enough to post.
A contract doesn't have to be this big complicated document full of fine print legalese printed in 6pt font over 32 pages with appendices and addendums. In fact, that's the worst kind of contract. It should be simple and both sides should understand exactly what it covers. It protects them from you suddenly claiming that you never gave them the rights to use your image and it protects you from feeling abused or taken advantage of when they use your image on billboards and T-shirts. Both sides should feel good about the agreement. |
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09/16/2011 12:46:16 PM · #16 |
I've often wondered about this as well. They have some horribly edited picture and people ask, "Eww who did your pictures??"
Client response "A Digital Romance. (*thinking* but I edited it)"
Other person: "EEeeeeewwwwwwwww"
Haha, probably the worst that could happen, but it makes me wonder.
Solution: Watermark the edits and not the originals if they ask for the originals? I dunno, I'm new to this as well.
Another thought: People not in this industry are much less likely to give photog credit, IME. |
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09/16/2011 12:50:14 PM · #17 |
Ok. I can understand that a contract is necessary.
Does anyone have a simple one that they'd like to share with me?
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09/16/2011 01:30:01 PM · #18 |
Originally posted by LydiaToo:
Ok. I can understand that a contract is necessary.
Does anyone have a simple one that they'd like to share with me? |
By signing below, I hereby accept that Slippy is the master of my domain.
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09/16/2011 01:40:39 PM · #19 |
Originally posted by Strikeslip:
Originally posted by LydiaToo:
Ok. I can understand that a contract is necessary.
Does anyone have a simple one that they'd like to share with me? |
By signing below, I hereby accept that Slippy is the master of my domain. |
Are you Queen of the castle too? LOL!
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09/16/2011 02:58:38 PM · #20 |
Originally posted by doctornick:
Originally posted by Strikeslip:
Originally posted by LydiaToo:
Ok. I can understand that a contract is necessary.
Does anyone have a simple one that they'd like to share with me? |
By signing below, I hereby accept that Slippy is the master of my domain. |
Are you Queen of the castle too? LOL! |
And you're the dirty rascal.
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09/16/2011 04:54:33 PM · #21 |
Originally posted by LydiaToo:
Ok. I can understand that a contract is necessary.
Does anyone have a simple one that they'd like to share with me? |
No. and the free ones you'll find online aren't worth what you pay. You might use one as a starting point, but since so many aspects of contractual agreements are bound by differing state laws, your best bet is to draft something of your own and have a lawyer look at it.
As an example, some states say you can't call a deposit "non-refundable" and that ALL deposits are refundable, so if you have a client cancel at the last minute, they can legally demand their "non-refundable" deposit. Had you instead called the same money a "retainer" they wouldn't have a leg to stand on.
I'm not saying you would or would not charge such a thing, I only use this as an example of how what you say in your contract may not be what you meant to say. And don't freak out about lawyers being expensive... Shop around, many will offer free consultation and be happy to sit down and talk about what you want and give you a good idea of what it will cost. If you have something that's close to what you want, they'll keep you from shooting yourself in the foot.
Message edited by author 2011-09-16 19:31:49. |
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09/16/2011 04:59:14 PM · #22 |
| You could do worse than starting out with Business and Legal Forms for Photographers or look over Nolo press' overview. But no contract that you find will be as suitable as one you craft yourself. |
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