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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 24 Mar 2014 (Monday) 20:46
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What would you do? Client screen shot images and posted

 
kacebelle
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Mar 24, 2014 20:46 |  #1

I did a newborn session recently, and found out tonight that the client took every single image (over 20) from her online proof gallery and posted them to her Facebook page. My website has right click disabled, so I can only assume she did a Snag It. My contract (which she signed) explicitly states that clients are NOT allowed to do this:

J. Copyright & Penalty

Photographer retains all copyrights to all images created during Client’s session. A print release will be provided by Photographer for digital files to print portraits for personal use only up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling, or altering of your images without the Photographer’s express written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Memories in a Flash Photography during Client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. Client may share social media posts but shall not right click and save the image locally and then post

They are a young couple, and I have just started gaining exposure in the portrait market in my area. I don't want to start off my having a reputation for being a hard ass, but my price did not include 20+ photos to share. They are watermarked, so at least my name is on them, but this bothers me tremendously.

Thoughts? Experience? Advice? Thanks in advance.


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JacobPhoto
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Mar 24, 2014 20:56 |  #2

What were the terms of payment? What assets are you providing for that fee? How much have you delivered already vs what has yet to be delivered?

How much was communicated to the client when the preview link was sent over about what could or couldn't be downloaded and pushed out via social media?


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kacebelle
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Mar 24, 2014 21:06 |  #3

JacobPhoto wrote in post #16783855 (external link)
What were the terms of payment? What assets are you providing for that fee? How much have you delivered already vs what has yet to be delivered?

How much was communicated to the client when the preview link was sent over about what could or couldn't be downloaded and pushed out via social media?

Payment has been made in full. There was a set amount of fully edited images to be delivered via CD which I have not shipped yet.

I may have relied too much on my contract. I did not reiterate that the online gallery images are for proofing only, but I did mention that the images she chose for the final CD would include optimized images for social media posting. I guess I thought the paragraph that spells out she can't do what she did would be enough.

I may just have to chalk it up to free marketing since my watermark is on all of them, but since they are screen shots, they don't look as high quality as I would like so that's my main issue.


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rob0225
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Mar 24, 2014 21:14 |  #4

If they paid for digital images anyway, I say no harm, no foul.


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Mar 24, 2014 21:24 |  #5

I quickly became frustrated with the "proofing" idea because of what happened to you too. I'd echo as well, if they were paid for, maybe just let it go. There will always be someone who doesn't understand the process and will get a screenshot of the proof and post on social media it or worse, try to print it. We restructured our process to avoid proofing and we're happy with it. Is there a reason why you would not just release a certain amount of photos for a set price and avoid the proofing process? Can you make files available to clients via a web service so they don't have to wait for the CD?


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Mar 24, 2014 21:39 as a reply to  @ PicBug's post |  #6

I wouldn't worry too much if it's included in the price they paid. It sounds like a good way to get some social media attention. You should encourage them to share with family and friends to get more word of mouth.

Maybe by default every print/package ordered includes social media photos, then you're covered.

Also, some say the best way to massively increase your sales is to do it in person with the client(s). Of course, you need a nice place/studio to preview photos. It helps if you have a lot of clients to make it worthwhile. So for me, doing it part time without a studio, I don't bother.


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jt354
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Mar 24, 2014 21:41 |  #7

If it were me, I'd let it slide as long as the client is not passing the images off as her own work or making a profit from their distribution. If you had not received payment it would be a different story, but no matter what your contract states it is very difficult to limit the sharing of photos posted online. And of course, all bets are off once you deliver the digital files.


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kacebelle
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Mar 24, 2014 21:49 |  #8

Thanks for the advice, all. That's why I love this board!

I was just shocked that she did it without letting me know. Her price only included 10 images, and she posted over 20, but again my watermark is on them, so at least I'll get some good exposure.

I do online galleries for ease of ordering when the client orders prints, and so they can share with family who tend to orders prints of those that the client does not receive the digital files.

And yes, I have the option to allow the client to download directly from my site, I just haven't set that up yet.

Thanks again, everyone!


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JacobPhoto
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Mar 24, 2014 22:05 |  #9

Let us know if/when anyone contacts you about a future shoot, citing that they saw your images on the subject's Facebook. For this 'extra exposure / marketing' to be worth anything, you have to actually book something as a direct result from it.


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x_tan
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Mar 24, 2014 22:26 |  #10

kacebelle wrote in post #16783824 (external link)
...
My website has right click disabled, so I can only assume she did a Snag It.
...

It is very EASY to download large size JPEG from your web site:

Using Firefox -> Tool -> Page Info -> Media:

Just One example:

http://memoriesinaflas​htx.com …tos/images2/168​0/snc3.jpg (external link)

You need to built a flash rather than HQ JPEG background to make a bit harder.

Or, AT LEAST all image is no bigger than 800x600.


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Mar 24, 2014 23:22 |  #11

Look at it from their point of view. They paid. That means the images are theirs now.

No, not really. Obviously we photographers know who really owns the images.

But your clients aren't photographers, so the images are theirs now. That's their thinking.

And they are excited. Don't mess that up for them. Their big step in life (having a newborn) is a lot more significant than your annoyance about their ignorance (copyright law).

You got paid. Smile. Heck, give them a few extras.


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Miki ­ G
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Mar 24, 2014 23:36 |  #12

As your name hasn't been removed from the shots, I'd let it slide.




  
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Nightstalker
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Mar 25, 2014 02:03 |  #13

No one EVER reads the contract.


  
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kacebelle
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Mar 25, 2014 08:20 |  #14

x_tan wrote in post #16784028 (external link)
Or, AT LEAST all image is no bigger than 800x600.

I might try that, but then my slideshow might not look high quality. Thanks for this info, I guess I'll have to get over not having a way to keep the potos from being saved/downloaded.

EOS-Mike wrote in post #16784127 (external link)
You got paid. Smile. Heck, give them a few extras.

Miki G wrote in post #16784149 (external link)
As your name hasn't been removed from the shots, I'd let it slide.


You're totally right, I definitely overreacted. After sleeping on it, I've decided to embrace the word of mouth and the possibility of a new client or two.

Nightstalker wrote in post #16784273 (external link)
No one EVER reads the contract.

I'm starting to notice that! :)


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gonzogolf
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Mar 25, 2014 09:02 |  #15

Going forward you need to go over this sort of thing with clients in the future. If you set expectations verbally as well as in the contract you will have a better basis for handling it.




  
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What would you do? Client screen shot images and posted
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