Just to check about licensing

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petemc

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Pete
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So a company hired me to take pictures of an event for their website. I said yes and quoted them a figure. I did the event. I met an irate women from the local newspaper who got me to do some shots for free for her page. That was my mistake and I tried to explain to her about licensing but she just didn't get it. I figured in the interest of future work I'd just give them those images. Sized down a bit of course. Now they've come back to me and they want the hi-res images just so they have them and they want to produce a canvas print for their office with them on.

I'm tempted to reply with;
"I'm afraid I can't give you copies of the hi-res versions as that is essentially a royalty free license to use the images in anyway you see fit. You hired me to shoot the photos for the site and thats the license we've agreed upon. I'm sure we can come to some arrangement with regards to the canvas print. "

Everytime i deal with this company theres problems. I just know if they don't agree they'll just go and try to screw over some other photographer. Does this seem like the right thing to do?
 
The way I see it - you've already realised your mistake so fix it 'from there' so to speak.

One answer is to put a clause in your original contract to suggest that you reserve the right to publish in someway or other (you'll have to sort the finer detail to suit yourself). You always own the copyright so it becomes a matter of agreed usage with the original client. You could suggest that, as it's in the newspaper, they'll get a form of free publicity.

Contract law is a funny thing. :shrug:

That's what I'd aim for ... but, hey I'm a resasonable guy.... :)
 
Fix it how? In the way I suggested? I really get the feeling that these people don't understand licensing and copyright at all. I'm sure the woman from the newspaper was imply that I was hired by this company so they're their images.
 
Offer your services to do the canvas print. Make sure you have a big enough mark up. embed all your copyright info into the file info of the image, exlain to this annoying woman that they paid you for a 1 time use on the wbsite and if they want to use them again for something else they will have to pay again. then point her in the nearest direction of the loch.... eh I mean a website that explains copyright for photographers. Otherwise these people will make a chump out of you. I find the worst customers of all are those that try to nail you down on price so you do the job cheap for them and they are such a huge pain in the ass afterwards.
Good luck.
 
The newspaper thing is done and dusted. The problem was that I said "yes I can take some shots" and then when I explained about licensing and fees she got arsey and tried to explain the "situation" I figured since it was my mistake saying yes and to keep things running smoothly I'd just send her the 4 shots.

I really don't like dealing with this company. Things are never smooth yet they keep coming back to me. I wish they'd just go pick on some other guy, but it is actually handy experience.
 
Yep, just as you suggested. Maybe I'm confused as to what is the Company? Is the newspaper part of that company?

Nail everything down to a price. The copyright will always be yours unless you relinquish it. You take control, they're yours to do with as you see fit within the terms of YOUR agreed license.

They only own the images NOT the copyright, which is yours unless you sold that as well. They can't take and use those images without your consent.

It's more or less as simple as that!
 
It sounds like there's a mis-understanding about what the freebie was. In your mind it was the web sized shots but to her it was the shots.

I guess you've got 2 choices:
a) If you want to ensure you keep a good relationship with these people give them the shots but be firm and clear that in future you need to establish terms before any shots are taken.

b) If you're not too bothered if they don't call again then I would ask them to pay for specific rights and sell them a canvas print.

Situations like this are tricky as you can never be sure if they client is dumb or taking advantage.
 
i would just tell them they got the paper shots for free, canvas print wil cost....










1 MILLION dollars....
 
Do all the above suggestions,
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then if you get no luck,
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Give them the HiRes prints,
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With moustaches drawn on the people :naughty:
 
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