Reprinted images without my permission

[photopam]

How does this sound. I would like to send it to a client. Or should I just let it go and hope that no one thinks I am a cheap photo paper user... and don't know what I am doing...


"I should have mentioned this to you before, but was too stunned to know how to put it. Having Sam's Club print the image I took is illegal. The Federal Copyright Act of 1978 prohibits any and all reproduction of images including copying and scanning without my written permission. The sticker on the back is to help insure that the image will not be reprinted. I have it their for a reason. [the client took it off] I am a professional photographer, and I would like to be treated as one, even though I have a home based studio. Because I promote my business on a professional level, I use professional photo finishing services, anything less looks bad on my reputation as a professional. Having taken the image I took to Sam's Club, and having it printed on a lesser quality paper, looks bad on me and hurts my potential growth as a professional. I hope you understand why I am upset, it's not just about the loss of a sale, it's really about my reputation as a professional photographer. "

Thanks for all your help!

[HeatherLou]

Pam, I really think you should sit on this letter for a bit before you send it. I'm all for *reminding* a customer they are not allowed to print from your prints, but this letter sounds a *bit* on the angry side. I know its upsetting, but all that upsetness I think should be taken out. I'd be interested in knowing how you found out that she printed it???

[CaptainTom]

A tough situation for sure.
Since the client took your sticker off the photo I am sure they are aware they did you wrong. Reminding them of this is probably only salving your own ego.
All that will be accomplished is that they will speak badly of you in the community. I know Weatherford is not a "big" town, and your reputation is very important.
Perhaps WalMart will do a good job and people who see these "stolen" images will not know the difference.

The lesson is to keep trying to make clients aware that it is not the right thing to do by having your work printed without your permission.

[photopam]

Originally Posted by Heatherlou

Pam, I really think you should sit on this letter for a bit before you send it. I'm all for *reminding* a customer they are not allowed to print from your prints, but this letter sounds a *bit* on the angry side. I know its upsetting, but all that upsetness I think should be taken out. I'd be interested in knowing how you found out that she printed it???

She told me she did. I was too stunned to know how to respond to it, not to mention I was out shopping with two kids at the time she called.
So, that's why I turn to TPF, where there are people to help and give you a hug!

[HeatherLou]

I would do this, send her a message saying something to the effect of......Hey (whoever this person's name is) I didn't get the chance to mention this to you on the phone the other day, but I really should have let you know that the prints at (your company) are copyrighted (insert copyright info) I'm sure that its not something you knew, (even though Im sure she did) but just wanted to remind you of that copyright info, and that I will be more than happy to order you any prints that you need! Basically, take all the anger out of your letter and turn it into an opportunity to offer more prints. Hope that helps!

[photopam]

Does any one have a form to give to a client to sign BEFORE their photo shoot, that states something about the copyright law and that they are NOT allowed to reprint, etc. and that I have exclusive rights and such and am aloud to use images for promotional pieces. I want a sign document that they understand that they simply cannot take the sticker off and have Sam's Club print their photo cards.

[dtscds]

This is the same mentality of folks who download stuff from the internet and think it's fine cause it's out there. On my more generous days I give them the benefit of the doubt and just assume they aren't actually TRYING to steal. (Would the same people that illegally download music EVER think about walking into a store and shoplifting a CD?)
I agree with the others that said she knew she was doing wrong but through some strange/warped sense of entitlement thought she had the right to. Maybe she thinks she already paid enough. Who knows...
The point is, what are you trying to accomplish with the letter? What would it look like for you to "win"? Whatever that is, you probably want to take some time and make it a bit less angry. While it would feel GREAT to be able to walk up to her and give a good ol' dope slap, that probably isn't going to get you closer to the ultimate goal. A wise man used to say "The customer ISN'T always right, but you can NEVER win an argument with a customer."
BTW--if you do choose the dope slap route, I'm behind you 100%!

[HeatherLou]

Originally Posted by photopam

Does any one have a form to give to a client to sign BEFORE their photo shoot, that states something about the copyright law and that they are NOT allowed to reprint, etc. and that I have exclusive rights and such and am aloud to use images for promotional pieces. I want a sign document that they understand that they simply cannot take the sticker off and have Sam's Club print their photo cards.

Yes I do. On the information sheet that I have them fill out, BEFORE I even start the sitting. They fill there personal info out, then just below that, I have a bit about me using them on my site and for promo, with a signature line. Then, below that, I have the tidbit about copyright info, with a separate signature line. I would send it to you, but some of the wording was taken from a CD that Fran Reisner gave us during one of her workshops, so I wouldn't feel right sharing it without her permission LOL!

[Ahh!]

Originally Posted by photopam

"I should have mentioned this to you before...

Your own advice is great.

There's been enough written (by long-time pros) on the advisability of facing the reality that scanning and duplication happens, so make enough on the sale so you don't care or can price replication licensing low enough so they will pay to stay legal. So I won't bring sand to that beach.

As the saying goes, "When the horse is dead, get off!"

[photopam]

Originally Posted by Heatherlou

I would do this, send her a message saying something to the effect of......Hey (whoever this person's name is) I didn't get the chance to mention this to you on the phone the other day, but I really should have let you know that the prints at (your company) are copyrighted (insert copyright info) I'm sure that its not something you knew, (even though Im sure she did) but just wanted to remind you of that copyright info, and that I will be more than happy to order you any prints that you need! Basically, take all the anger out of your letter and turn it into an opportunity to offer more prints. Hope that helps!

Thanks for the advice. I did offer to print her cards for her at $1 a card. I guess that was too expensive when sams will do it for 39 cents.... :P
I wanted to tell her on the phone, but I was in a public place and didn't want to cause a scene.

[photopam]

Originally Posted by photopam

I wanted to tell her on the phone, but I was in a public place and didn't want to cause a scene.

I wanted to start to cry... So I didn't say anything so I wouldn't...
I guess I am softy! I just hope that people will still want to come to me after receiving one of her cards...

[photopam]

Originally Posted by Heatherlou

Yes I do. On the information sheet that I have them fill out, BEFORE I even start the sitting. They fill there personal info out, then just below that, I have a bit about me using them on my site and for promo, with a signature line. Then, below that, I have the tidbit about copyright info, with a separate signature line. I would send it to you, but some of the wording was taken from a CD that Fran Reisner gave us during one of her workshops, so I wouldn't feel right sharing it without her permission LOL!

OOH! That sounds like a good cd to have. I wonder if I can buy one from her? Do you have her contact info or website?
Thanks!
(for some reason that name sounds familiar...YES! she judged a Fort Worth Camera Club competition back in 05 when I still could go to the meetings! That is if it's the same Fran...)

[KimHurt]

I offer to sell reprint right for my digital negatives for a hefty price specifically so that I do not have to say no to a customer if they ask me if they can make their own prints or post them on Myspace. If they make illegal copies or post online with out my permission I send them a note with a bill. One person has paid me the rest have removed the images, so that has worked pretty well for me.

[CaptainTom]

http://www.franreisner.com/

[HeatherLou]

Originally Posted by KimHurt

I offer to sell reprint right for my digital negatives for a hefty price specifically so that I do not have to say no to a customer if they ask me if they can make their own prints or post them on Myspace. If they make illegal copies or post online with out my permission I send them a note with a bill. One person has paid me the rest have removed the images, so that has worked pretty well for me.

Welcome Kim! Glad to have you here!