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 16 Oct 2016 (Sunday) 17:34
Search threadPrev/next
sponsored links
(this ad will go away when you log in as a registered member)

What would you do ….

 
blksporty
Member
Avatar
227 posts
Likes: 14
Joined Jun 2009
Location: I live in College Station Texas, AKA Aggie land
     
Oct 16, 2016 17:34 |  #1

OK, here's the deal, several month ago I get a call from a client I have done several shoots for about doing some shots of his newly remodeled gym. I do the shoot and get paid, edit the photos and hand over the DVD, no problem. These were to be used for his web site and hand out fliers, no problem. Well, yesterday I ran into him and he was really excited, seem that he sent 4 of the photos to the equipment manufacture, which is now using the photos on HIS web sit as a slideshow front and center. The gym owner is proud that his gym is on display on a national web site, but I'm PO'ed that my photo are being used to promote a business when I am not getting paid for them. Now comes the problem, having done work for the gym before and continue to shoot for him, should I raise a stink or let it go. I was paid for the photos once, but never thought that they would be going national, thus no contract.

What should I do, other than to get a contract on every shoot in the future, let it slide or pursue getting the manufacture to pay or take down the photos.

PS I don't thing gym owner thought about it, I think that after paying me to do the shoot he assumed that he owned the photos.


Gear:
1D mkIV x 2, 24-70LII, 70-200 2.8 non IS, 100-400, 50D, Flash's and other stuff

  
  LOG IN TO REPLY
sponsored links
(this ad will go away when you log in as a registered member)
Iscariotau
Senior Member
516 posts
Gallery: 53 photos
Likes: 78
Joined Jun 2011
Location: Sydney Australia
     
Oct 16, 2016 17:50 |  #2

I would:

1) Make sure that the contract for each job is properly written explaining that the images cannot be used for other than his sole purpose
2) Explain to him the issue and ensure that it does not happen again
3) Make sure you have a specific contract for each piece of work you do for him.

The other thing to consider, is the value of on going work you get from this gym worth more or less than the value you could potentially get from the manufacturer?


MyFlickr (external link)

  
  LOG IN TO REPLY
Scott ­ Spellman
Member
203 posts
Gallery: 2 photos
Likes: 122
Joined Oct 2015
Location: Royal Oak MI
     
Oct 16, 2016 18:39 |  #3

Imagine if you purchased a car, but after the sale the dealer told you that only you and nobody else could drive it ever?

Since it was your choice to work without a contract and you never explained to your client that other uses required other payment or permission-then it is clear to me that you should chalk this up as a learning experience, be happy for your photos and client's success, and not challenge your client in this situation. From here on out, yes you need to have a contract and review basic terms with every new job. Client satisfaction is not just about the images or value, but a whole process of being a good partner and making sure the entire process is uncomplicated and efficient.




  
  LOG IN TO REPLY
Silver-Halide
Senior Member
800 posts
Gallery: 2 photos
Likes: 225
Joined Jan 2015
     
Oct 16, 2016 23:54 |  #4

Iscariotau wrote in post #18158663 (external link)
I would:
1) Make sure that the contract for each job is properly written explaining that the images cannot be used for other than his sole purpose
2) Explain to him the issue and ensure that it does not happen again
3) Make sure you have a specific contract for each piece of work you do for him.

^ this.... and:

Register you images with the U.S. Copyright office within three months of initial publication. Registration is the key to taking thieves to court.


Echoes in Eternity LLC | Tucson and Southern Arizona Wedding Photographer (external link)

  
  LOG IN TO REPLY
Tom ­ Reichner
"I am a little creepy"
Avatar
12,789 posts
Gallery: 142 photos
Best ofs: 1
Likes: 3289
Joined Dec 2008
Location: Omak, in north-central Washington state, USA
     
Oct 17, 2016 00:01 |  #5

.

A "no third party usage" line is put into every contract I ever write - even if the "contract" is simply a short email confirming the shoot. It's one of those no-brainer things that you want to include in every agreement you ever make, even when you think you won't need it.

.


"Your" and "you're" are different words with completely different meanings - please use the correct one.
"They're", "their", and "there" are different words with completely different meanings - please use the correct one.
"Fare" and "fair" are different words with completely different meanings - please use the correct one. The proper expression is "moot point", NOT "mute point".

  
  LOG IN TO REPLY
wanyc
Senior Member
256 posts
Likes: 6
Joined Mar 2009
Location: New York
     
Oct 17, 2016 09:52 |  #6

The likelihood is that the manufacturer has no idea that someone other than your client took the images and your client also has no idea it did anything wrong. In all likelihood if you notify the manufacturer it will simply remove the images from its website. This will obviously upset your client who is excited about his gym being featured on the manufacturer's website. Sorry, but this should be one that you chalk up to experience and customer relations. You should let your client know that this a one time thing, you're happy for him but that he can't give away your images in the future. If the manufacturer altered your images to highlight only its equipment and not the gym then I would likely feel differently.




  
  LOG IN TO REPLY
Nethawked
Senior Member
796 posts
Gallery: 24 photos
Best ofs: 1
Likes: 240
Joined Oct 2014
Location: Virginia, USA
     
Oct 17, 2016 11:04 |  #7

blksporty wrote in post #18158659 (external link)
These were to be used for his web site and hand out fliers, no problem.

There's no problem until there's a problem. If you didn't stipulate "original context" and sole use in your agreement, it's a problem. Water under the bridge at this point, although I would contact both and request that you be credited for the images. You would be shooting yourself in the foot to request a takedown or money, but that's my opinion.




  
  LOG IN TO REPLY
blksporty
THREAD ­ STARTER
Member
Avatar
227 posts
Likes: 14
Joined Jun 2009
Location: I live in College Station Texas, AKA Aggie land
     
Oct 17, 2016 16:39 |  #8

wanyc wrote in post #18159154 (external link)
The likelihood is that the manufacturer has no idea that someone other than your client took the images and your client also has no idea it did anything wrong. In all likelihood if you notify the manufacturer it will simply remove the images from its website. This will obviously upset your client who is excited about his gym being featured on the manufacturer's website. Sorry, but this should be one that you chalk up to experience and customer relations. You should let your client know that this a one time thing, you're happy for him but that he can't give away your images in the future. If the manufacturer altered your images to highlight only its equipment and not the gym then I would likely feel differently.


I think you are right on these points, for the price of 4 photos I most likely loose a good client, and that would cost me much more. I will explain to him that in the future this should not happen.

I appreciate all the replies, I have calmed down and thought about the whole deal, and the problem started with me. Even though this was about the 7th time I have done work for the gym, I should have a contract for each job.


Gear:
1D mkIV x 2, 24-70LII, 70-200 2.8 non IS, 100-400, 50D, Flash's and other stuff

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

1,716 views & 16 likes for this thread
What would you do ….
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 icandide47
837 guests, 405 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.