How to advise past clients about close of business

[ianhay]

I am closing my photography business and want to advise past clients. I want to offer them the option to buy their digital negatives.

Can anyone advise the best way to do this? Is it reasonable to charge for the digital negatives?

Advice from anyone with experience in this situation would be appreciated.

regards,

Ian

[sidx001]

About 4 years after we were married, my wife and I received a letter from our photographer letting us know that he was going out of business and that we could get the negatives of our pictures from him for $260.00. The letter told us that if we needed to claim the negatives by a certain date or they would be destroyed.

I don't know if you have any addresses of the people you've shot, but if you do that's they way I would recomend letting them know.

[sierra_nova]

I'd do a first round with a letter, stating that you are closing your business, and that they are available to purchase - definitely by a certain date.

I would follow up with a phone call a few days or a week before that date. People have the best intentions, but they do let time slide on by.

It is absolutely reasonable to ask for payment for the Negatives - but ensure that you make that payment in line with what you charge. If you sell your Negs for $800 normally, the $250 would be a reasonable price to ask.

Also - what did your contract say in regards to how long you would keep the Negs? I don't think that simply going out of business negates that contract. So if you said you would keep them for 5 years - 10 years - 6 months - make sure you keep them safely backed up for that long.

Cheers,
Naomi

[ilantis]

Also - what did your contract say in regards to how long you would keep the Negs? I don't think that simply going out of business negates that contract. So if you said you would keep them for 5 years - 10 years - 6 months - make sure you keep them safely backed up for that long.

I think it would also depend on how the company was set up and whether the owners' personal assets were shielded behind the company's assets (in case someone decided to sue). If the company was no longer around to be able to litigate, and they couldn't get to the personal assets there wouldn't be much to worry about.

Storage is so cheap there would be no reason not to hang on to the files just in case. What I don't get is why a company would destroy the pictures after going out of busienss, other than to invite last minute sales. Is there a legal obligation to do so?

[aram535]

I would include in the letter exactly what they are getting. Are they really 35mm negatives? Any digitals? If so are they processed? RAW?

I would also set a single price for all of their stuff, otherwise they will want to review and pick out what they want.

[sfaust]

What I don't get is why a company would destroy the pictures after going out of busienss, other than to invite last minute sales. Is there a legal obligation to do so?

There are some liability reasons to do so, and if they negatives were no longer important to the owner in any way, I would probably do the same. If you don't destroy them, they could end up anywhere and that could open the photographer up to litigation. Destroying the negs eliminates that risk entirely.

[amfoto1]

Hi Ian,

This is a bit off-topic, but have you considered selling your business, instead of just closing it?

[ryant35]

There are some liability reasons to do so, and if they negatives were no longer important to the owner in any way, I would probably do the same. If you don't destroy them, they could end up anywhere and that could open the photographer up to litigation. Destroying the negs eliminates that risk entirely.

They won't end up anywhere if they are on CD in a box in your garage.

I don't get why someone would actually destroy them unless they have 35mm negatives and they have shot hundreds of weddings and just don't have the room.

[sfaust]

They won't end up anywhere if they are on CD in a box in your garage.

Until they are misplaced, or forgotten about, or accidentally given away because they were ended up getting consolidated with other items, or discovered by my teenage son's friend, etc. It happens, and the more they sit idle and forgotten about, the higher the chances it will.

But I agree, there really isn't much of issue with most images. If I had a library that included glamour, figure, etc, I'd rather destroy them them to find out later down the road that a person got a hold of them and decided to open up a pay website with them. And the way I found out is someones attorney! :(

[stathunter]

I would consider purchasing your business and client lists.