Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Guest
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 29 Nov 2011 (Tuesday) 20:12
Search threadPrev/next
sponsored links
(this ad will go away when you log in as a registered member)

Made a Stupid Decision, Any Advice?

 
king ­ grant
Member
108 posts
Joined Dec 2010
     
Nov 30, 2011 03:11 |  #16

with no contract it actually aids you in the matter. rare occurance i know but it does. without a contract there is nothing stating what EITHER of you are obligated to do. You knew it was going to be for free and she assumed she could intimidate you into doing whatever her cheap britches asked for.

You are not required to do anything other then what you want to. She can't take you to court, and win at least. She has no say in whether you display the images or not. if you decided to give her 1 photo from the entire shoot she has to deal with it. contracts are to protect you as the photographer for liability, copyright, and payment. ironically the lack of contract means that nothing is ever promised.

Try suing the landlord of your place regarding something that was verbally promised but never put in writing. its up to the judge who will inevitabley be frustrated that your even standing in his/her court room over something so mundain as her wanting something that you are not remotely obligated to provide.


"A great photographer can take great shots with an Iphone but a mediocre photographer can ruin a shot with a 1dsmkIV. My camera is like the brush I paint a house with...I'm just looking for my detail brush, and a roller, and some high gloss paint, and a sprayer, yeah a sprayer would make things easier."

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)
Brandon72
Member
246 posts
Joined Oct 2011
     
Nov 30, 2011 05:44 |  #17

king grant wrote in post #13472695 (external link)
She has no say in whether you display the images or not.

" I'm not established as a portrait photographer, so I was okay with getting some stuff to post on my website. "

He wanted these for self-promotion, of course.

He, in my opinion, does need a model release, even if for no other reason than I, and most other parents, would find it incredibly shoddy and creepy to find out he went against the wishes of a mother about posting pictures of her newborn online. Seriously, just don't do it.




  
  LOG IN TO REPLY
Halliday
Goldmember
Avatar
1,135 posts
Joined Feb 2005
Location: Central Iowa, USA
     
Nov 30, 2011 06:59 |  #18

No contract? No money? Take them down and walk away. If someone was demanding that I give them something for free and then joking about going to court I would shut it down and not deal with that client anymore.


lanceshuey.com (external link)
flickr (external link)
"Like a mechanic who forgets to wipe his hands on a shop rag and then goes home, hugs his wife, and gets a grease stain on her favorite sweater — love touches you, and marks you forever."

  
  LOG IN TO REPLY
bobbyt2012
THREAD ­ STARTER
Member
82 posts
Joined Sep 2010
     
Nov 30, 2011 09:29 |  #19

Halliday wrote in post #13473123 (external link)
No contract? No money? Take them down and walk away. If someone was demanding that I give them something for free and then joking about going to court I would shut it down and not deal with that client anymore.

Yeah, I'm just cutting my losses at this point. I have plenty of people that would be willing to pay me and let me use images as portfolio material. I'll definitely use releases for any further work that I do though. Like they said above, it is a little touchy to leave the pictures on my website, so I've taken them down.


Gripped 7D | 70-200 f/2.8 | EF-S 17-55 f/2.8 | 580EX II | 2 x Elinchrom D-Lite 4 | CyberSyncs

  
  LOG IN TO REPLY
Svetlana
Goldmember
Avatar
3,357 posts
Likes: 11
Joined May 2008
Location: Calgary, AB
     
Nov 30, 2011 11:39 |  #20

This is what you get when you shoot for free!!! I see it over and over and over again. People will never value your work if you don't value it enough to charge for it. Always have a contract to cover the basics.

Did you promise to give her ALL the images or just the edited ones? Maybe that's where the misunderstanding started. I'd send her the disc with 20 images, and move on - consider it a learning experience for the future. Cheap clients - major PITA.


Canon 7D, 5Dmk2, 70-200mm f/2.8L II IS, Canon 50 1.2L, 35 1.4L, 85 1.8, Canon 16-35L, Canon 100 2.8L IS Macro, Speedlight 580EX II x 2, 430 EX, enthusiasm.:D http://svetlanayanova.​com/ (external link)

Join me on Facebook (external link)! :)

  
  LOG IN TO REPLY
Virto
Goldmember
Avatar
1,647 posts
Likes: 2
Joined Nov 2010
Location: Elgin, IL
     
Nov 30, 2011 12:38 |  #21

Sounds like you got the right advice. Go ahead and pull the pics from the site and be done with the craziness.

You are the copyright holder on those shots you took, you have every right to use them for whatever purpose you see fit, especially since there was no contract stating otherwise...but in the best interest of your sanity, just pull them.

And since you already pulled them, this point is moot, lol.


Kelly - EOS 5D - EOS 40D - Rebel XS - EOS 10D - EOS 1D - SX230 - AE-1 - OM-1n - Minolta Himatic7 - EOS-1N
ABR800 - Several flashes, remote triggers, stands, too many and yet not enough lenses

  
  LOG IN TO REPLY
Channel ­ One
Goldmember
Avatar
1,649 posts
Likes: 1
Joined Nov 2010
Location: Fort Lauderdale
     
Nov 30, 2011 12:42 |  #22

MT Stringer wrote in post #13471481 (external link)
Give someone an inch and they will take a mile.

Give someone an inch and next thing you know they think they're a ruler. ;-)a

Wayne


Madness takes its toll, please have exact change. (external link)

NPPA Member District 6.
SMPTE Atlanta.

  
  LOG IN TO REPLY
david ­ lacey
Senior Member
968 posts
Likes: 1
Joined Sep 2010
Location: Colorado
     
Nov 30, 2011 14:30 |  #23

king grant wrote in post #13472695 (external link)
She has no say in whether you display the images or not.

Are you sure about this? He took images of a child and by posting then on his site they would be being used for advertising purposes against the will of the mother. Not something I would want to test in court. When you push people they push back, bad practice in my opinion.
I have seen little disagreement about the use of a public trail turn into a court battle, jail, restraining orders in both directions, someone moving and an assault. There is usually another path and life is more pleasant if you take it.




  
  LOG IN TO REPLY
elrey2375
Thinks it's irresponsible
Avatar
4,992 posts
Gallery: 2 photos
Likes: 275
Joined Nov 2011
     
Nov 30, 2011 19:33 |  #24

LBaldwin wrote in post #13471788 (external link)
1. Stop doing favors for those that ask first. For long term clients sure do the favor. For first time customers, don't move your prices or even worse, work for free. You will get shafted everytime. If people can't pay now they won't pay in the future.
2. She can't sue you for anything that was free. Since you had no contract, neither did she. She can't go to a judge and say - gee judgie wudgie, he didn't give me all the bad photos too. She has to be out something tangible. In order for there to be a contract both parties have to gain something.
3. Next time, don't shoot so many images or outfits. Limit your "exposure" to as few as you need to get the job done.

This. The times I've had the worst experiences is when I tried to do a favor for someone regarding photos. It's been a few years now, but it was a similar situation. It was a 'friend' or so I thought and they just wanted something for free and I needed the photos for my portfolio and I gave her about 15 photos out of probably 150 I took and she was upset that I just didn't give her all of them. I told her you don't want to know how sausage gets made and we left it at that.


http://emjfotografi.co​m/ (external link)
http://500px.com/EMJFo​tografi (external link)

  
  LOG IN TO REPLY
BreitlingFan
Goldmember
Avatar
1,427 posts
Likes: 1
Joined Jun 2010
Location: California
     
Nov 30, 2011 19:52 |  #25
bannedPermanent ban

I would take the pictures down and give her nothing.

As she paid you nothing, she's deserving of, well, nothing. Had she been polite and gracious for what you did let her have, I might see it differently. But, because she's being demanding, she shouldn't get a thing.

Again, as she paid you nothing, she's deserving of nothing.

See that she receives just that...


Gear List
"I feel bad for people who don't drink. They wake up in the morning and that's the best they're gonna' feel all day." - Dean Martin

  
  LOG IN TO REPLY
S.Horton
worship my useful and insightful comments
Avatar
18,051 posts
Gallery: 7 photos
Likes: 117
Joined Dec 2006
Location: Royersford, PA
     
Nov 30, 2011 20:25 |  #26

If she's hassling you now, imagine what happens if you ever use any shots of her kid in ads or brochures.

I think she'd be asking you for money.


Sam - TF Says Ishmael
http://midnightblue.sm​ugmug.com (external link) 
Want your title changed?Dream On! (external link)

:cool:

  
  LOG IN TO REPLY
AtomicPenguin
Member
Avatar
144 posts
Joined Nov 2011
Location: LINY/CT
     
Nov 30, 2011 20:33 |  #27
bannedPermanent ban

She can't afford a $100 photographer, but shes going to lay down $10,000 to sue the free one? BS. Pull the pics, mail her the 20 pics on a CD and don't answer the phone for her.


Flickr (external link)
5D2|35L|20EF|100EF Macro|Contax 645|Zeiss Planar 2/80 T*|Elan 7
I'z be under ur ice flowz eaten ur mackerelz.

  
  LOG IN TO REPLY
Scarlettjax
Member
Avatar
47 posts
Joined Apr 2007
Location: Jacksonville, FL
     
Nov 30, 2011 20:34 |  #28

I'd give her the vomit-y ones.

No, really, I agree with all who've already posted free has no value. I've been burned in the past by "free" shoots; never had a problem yet with a paying client. Hope I'm not calling down the gods of f8 and Be There on me by saying that, but even a very minor payment seems to escalate the value in the mind of the client in my experience. Hey, don't you think you are worth it?




  
  LOG IN TO REPLY
S.Horton
worship my useful and insightful comments
Avatar
18,051 posts
Gallery: 7 photos
Likes: 117
Joined Dec 2006
Location: Royersford, PA
     
Nov 30, 2011 20:45 |  #29

AtomicPenguin wrote in post #13477031 (external link)
She can't afford a $100 photographer, but shes going to lay down $10,000 to sue the free one? BS. Pull the pics, mail her the 20 pics on a CD and don't answer the phone for her.

Guess what! If you are poor enough, you can get free legal services, and those kids will file anything to make the pro bono client be quiet.


Sam - TF Says Ishmael
http://midnightblue.sm​ugmug.com (external link) 
Want your title changed?Dream On! (external link)

:cool:

  
  LOG IN TO REPLY
bobbyt2012
THREAD ­ STARTER
Member
82 posts
Joined Sep 2010
     
Nov 30, 2011 22:37 |  #30

Thanks for all the feedback. When I said "fallen on hard times" in the original post, this was a pretty big understatement. She had no way of paying because she is completely dependent on government assistance. I didn't even know this person, but I was asked to help her out since she's in a sad situation. She apparently has a pretty strong sense of entitlement. Oh well, like many of you have said, learn and move on.


Gripped 7D | 70-200 f/2.8 | EF-S 17-55 f/2.8 | 580EX II | 2 x Elinchrom D-Lite 4 | CyberSyncs

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)

6,505 views & 0 likes for this thread
Made a Stupid Decision, Any Advice?
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Index   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.1forum software
version 2.1 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is Sofun111
835 guests, 267 members online
Simultaneous users record so far is 15144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.