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Conundrum

This is a discussion on Conundrum within the Business Talk forums, part of the Business Discussion category; So.... I took some photos for a client, who paid me a fair market value for images and usage. The ...

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Conundrum - 06-06-2006, 10:19 PM


So....
I took some photos for a client, who paid me a fair market value for images and usage. The client just emailed me asking me to drop off some business cards as she is "Going to make copies for the Architect and Owner."
I'm totally cool with the architecture and owner checking out the low-res photos and maybe even using them for personal use (not business) but I do not want them to be able to use these images at all for promotion.
From a business stand point, this seems like it could have potential problems for me. If I start barking for usage fees and rights and how thats not right etc etc, I run into the chance of conflict and losing a client that has more work for me in the near future. Also the architect might see my work and love it and want to use me for other jobs that he/she may have, so it could have some promotion value to it.
End all, I don't want to be giving the architect and owner free images, but standing up for photographers rights in these sort of situtation could have negative repercussions.
I haven't made a move at all yet, and will probably ponder this all night.... well, at least until the second beer. I hate this side of photography business. I wish these corporate clientele could sit in my seat for ONE DAY so they can understand where I'm/ We are coming from.
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06-06-2006, 10:37 PM


werd

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06-06-2006, 10:59 PM


Since no one is jumping in here to offer advice, I'll start it off.
You are right in thinking that a hard line will probably alienate the client.
So, go for a softer line. Your concerns are not unreasonable, and the client should be able to see your side of the story. Just go ahead and explain the him/her that you would be very happy to have the others take a look at your work, and that you would hope that since you shot these for your client, that the photos should be used only by your client. If the other folks want to use them, they can contact you directly and you can negotiate directly with them. Just let your client know subtely that they really shouldn't make hi res copies for others use.
My guess is, that your client just wants to promote your good work, and there is no intent to subrogate your rights.
Perhaps when you deliver your business cards you could ask what your client meant when they said they would copy your photos, and what use they would be put to. You can explaing that you are always wanting to make sure that what you have done is never used in an inappropriate manner, etc. This should alert your client that you are concerned.

IMHO as always (although the H part is in doubt)
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06-07-2006, 06:55 AM


Quote:
Originally Posted by CaptainTom
Since no one is jumping in here to offer advice, I'll start it off.
You are right in thinking that a hard line will probably alienate the client.
So, go for a softer line. Your concerns are not unreasonable, and the client should be able to see your side of the story. Just go ahead and explain the him/her that you would be very happy to have the others take a look at your work, and that you would hope that since you shot these for your client, that the photos should be used only by your client. If the other folks want to use them, they can contact you directly and you can negotiate directly with them. Just let your client know subtely that they really shouldn't make hi res copies for others use.
My guess is, that your client just wants to promote your good work, and there is no intent to subrogate your rights.
Perhaps when you deliver your business cards you could ask what your client meant when they said they would copy your photos, and what use they would be put to. You can explaing that you are always wanting to make sure that what you have done is never used in an inappropriate manner, etc. This should alert your client that you are concerned.

IMHO as always (although the H part is in doubt)
Offer to make the copies for a discounted rate since your client has already worked for you and you seem to like them. Also, put name, copyright symbol and date on the back (at the very least) of each print you provide. You could also get one of those photo pens and discreetly sign the front bottom corner. Basically something that identifies the photo as your work. Most copy houses and photo processing labs will not copy prints like these without the copyright holder's permission for liability reasons. If they want written permission from you to make copies themselves, then you can get into licensing fees and conditions in your "permission" forms. Your concerns are not new. Photographers have retained rights to thier works and asked for licensing and usage fees for years. In my opinion, it seems that your clients architect, et al. is banking on the idea that you are a new or unknown or even niave photographer and they might get away with some extra copies fore free. If this architect has been around fro any length of time, he/she will know about these fees and understand.
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