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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 28 Sep 2011 (Wednesday) 14:48
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"Client" was upset that I posted preview pics without consulting her first

 
LBaldwin
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Oct 02, 2011 01:41 |  #76

Take him to court, for what?? He didn't breach any contracts, he didn't misuse his own images. Portfolios are not a commercial usage. In order for her to sue she needs to show, some loss. Using the images for portfolio won't cut it. Then she has to be able to damages caused by the posting of the images. She has none.

So with no possible income from a non issue, no lawyer would bother even talking to her for more than 5 minutes. It was a free gig. No cash changed hands, so she is not out anything. Her visage as a known person is questionable, so no job loss has occured

The OP should delete the images and not give her anything. Way too many people think that they deserve free stuff just because the take in O2 and expel nitrogen.

RDKirk wrote in post #13188131 (external link)
It doesn't matter much if "we all agree." The question is: If this were taken to court, what would a lawyer make of the fact that the "cute model" never signed the universally customary model release before the "sleazy photographer" used the image? I suspect her lawyer would claim the "sleazy photographer" deliberately neglected a detail that all bona fide photographers follow.

At that point you're in a debate over the purpose of the site--is it a purely art-for-art's-sake display, or is it intended to solicit further photography business. No telling which way that will go, except that a jury would probably sympathize with the "cute mode"l rather than the "sleazy photographer."

According to my lawyer, if you claim to be an artist in court, you'd better have evidence of a history as an artist--past gallery displays and such.

Why be there? Get a model release or don't use the image.


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RDKirk
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Oct 02, 2011 02:03 as a reply to  @ LBaldwin's post |  #77

Take him to court, for what?? He didn't breach any contracts, he didn't misuse his own images. Portfolios are not a commercial usage. In order for her to sue she needs to show, some loss. Using the images for portfolio won't cut it. Then she has to be able to damages caused by the posting of the images. She has none.

Can you provide any documentation that portfolios are not a commercial usage? New York and Illinois state laws (two that I know of) provide a special exemption for photographer's portfolios...but the fact that they're identified as special exemptions rather proves that they are commercial uses.

Moreover, it's not been determined by law or by case that web portfolios were contemplated by those laws. We probably don't want to see it taken to court by some pig-headed photographer.

No, it's not necessary for the woman to show a "loss" in order to sue for breach of privacy. Such suits happen regularly, and there is almost never a "loss." What would protect this photographer is the fact that his pockets are shallow...but if she has enough money to be vindictive about it--it wouldn't take more than $1000 to force him into court--she could cost him more money than it's worth to him to use her images.

Added: Also, the NY law, while allowing the photographer to display images in his place of business without model releases, also specifically states that if the subject complains, the photographer must immediately remove the images. This indicates that the law still intends use of those images to be based on permission--not a legal right.


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TheBurningCrown
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Oct 02, 2011 02:26 |  #78

LBaldwin wrote in post #13193647 (external link)
Take him to court, for what?? He didn't breach any contracts, he didn't misuse his own images. Portfolios are not a commercial usage.

To add to RDKirk's post: the OP wasn't using the images as a portfolio (as he stated).


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Shamir
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Oct 04, 2011 07:18 |  #79

Not every single person handles the same..

Some people do love the pictures you take and post on your Facebook or any other image sharing website..

Some other people just don't like it.. or just want to create a "boom" in their website..

Its all a matter of talking with your client and telling them that you would like to upload a picture of them on Facebook as a preview.


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RDKirk
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Oct 04, 2011 12:32 |  #80

Shamir wrote in post #13202919 (external link)
Not every single person handles the same..

Some people do love the pictures you take and post on your Facebook or any other image sharing website..

Some other people just don't like it.. or just want to create a "boom" in their website..

Its all a matter of talking with your client and telling them that you would like to upload a picture of them on Facebook as a preview.

I've got quite a lot of clients who are happy for me to display their images in any hardcopy format, including displays in public places--but they draw the line against Internet use.


TANSTAAFL--The Only Unbreakable Rule in Photography

  
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JWright
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Oct 06, 2011 17:00 as a reply to  @ RDKirk's post |  #81

tim wrote in post #13177973 (external link)
She got it for free and complained? The phrase "bite me" comes to mind.

This was my first reaction as well. My solution to the situation would be to take down the pictures per request (there will always be someone else you can shoot for your portfolio...) And then delete all the images so she gets nothing...


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jsinon
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Oct 14, 2011 19:49 |  #82

rajah sulayman wrote in post #13188319 (external link)
I'm delivering them for my own sake, not hers. As much of a pain as she's been, I have an obligation as a professional to make good on my deliverables. Once it's done I'll wash my hands of the whole ordeal and be sure to never make the same mistake twice.

I may be a bit late to the party, actually came across this thread searching for something totally unrelated, but 1) if you aren't getting paid, by 2) a friend of a girl you are no longer seeing, I fail to see any professional obligation whatsoever. I would have deleted them, plain and simple. Face it, she is already pissed at you and no matter what you give her, isn't likely to ever give you a glowing recommendation. Once they have it in their head that you wronged them the chance you will change their mind is slim. The customer is NOT always right.


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Hogloff
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Oct 14, 2011 21:43 |  #83
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jsinon wrote in post #13252343 (external link)
I may be a bit late to the party, actually came across this thread searching for something totally unrelated, but 1) if you aren't getting paid, by 2) a friend of a girl you are no longer seeing, I fail to see any professional obligation whatsoever. I would have deleted them, plain and simple. Face it, she is already pissed at you and no matter what you give her, isn't likely to ever give you a glowing recommendation. Once they have it in their head that you wronged them the chance you will change their mind is slim. The customer is NOT always right.

Some times taking the high road is the professional thing to do. We all come across bad jobs...it is how you handle these bad jobs that really displays your professionalism.




  
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