Why do I feel so violated?

<p>This past year was my first year as an official studio and for having done all my work word of mouth, I feel good about the year. I photographed a number of seniors, had a great time, they all placed good-sized orders and all-in-all it was a very positive experience. However, yesterday a mother called to inform me (which I am glad she at least informed me) that they had scanned one of my images to create their own graduation announcements. Needless to say, it rubs me the wrong way. What is the best way to avoid this? How do you keep people from just copying your images willy nilly?</p>

<p>You can't. Even if you have something in your contract, what's going to stop people from giving them out just to family? I'm surprised she even called you about it. At least she's not trying to make money on it.</p>

<p>You're going to get all kinds of comments about this and my response probably won't be all that popular. <br>

They are wrong and you are right; however, any communication or action you take with this customer will only make you look bad. Who would want to do business with someone who came after them or threatened them with legal action? It's a Catch 22 for sure.<br>

The best thing you can do is to offer a very attractive version of this product that they're making themselves and market it as a great add-on or incentive with a larger purchase. Maybe even put a "stuffer" or coupon in with their order when they pick up...-Aimee</p>

<p>Well, congratulations on getting your business going... now to your question...<br>

how about you look at this in a different way? The parent called you out of courtesy, but you are learning of this as a business opportunity. Perhaps a PDF format for graduation announcements as a part of a/the package deal? You could then control image quality a little bit more, provide an incentive/service to your clients and either earn an additional fee or at least insure your business viability.<br>

Just a thought.</p>

<p>And whatever you do, don't forget that anything you post here or most anyplace else is easily found by anyone Googling your name. In contentious situations (and this doesn't really sound like one, to be honest), you want to be very cautious about how you describe anyone with whom who have done or might do business. Google never forgets. <br /><br />As for the specific situation: at best, in terms of real-world public relations, your main option is to explain to the customer that your entire business model is built around your reputation, and that a central part of your reputation is derived from the quality of your images. When someone else takes it upon themselved to reproduce those images, your experience has been that everything from sharpness to skin tone to composition can take a real hit - and you'd truly hate for such an image to the first and last time that someone encounters your work. Offer instead to play a modestly priced role in her desktop publishing project, and make it work for both of you. Assert that the results she'll get will be much nicer.</p>

<p>Thanks for all the great replies. Yes, the moment she mentioned she was using the images, I mentally added graduation announcements to my list of available items for this year. I like the add-on to package idea- so they automatically get them with certain package levels. She did complain to me that the images didn't look so great after copying them and I think that bothers me the most- because I am very picky about sharpness and skin tones and overall color effects and CROPPING. Ugh. Matt, I have had to explain that my business model is based on the quality of my images (right down to the paper they are printed on) with a number of customers (not this one, however) who complain that I don't offer everything on a disk. I know lots of photographers do this for a large sum but I care less about the $$ and more about the final product.</p>

<p>First ask where she got it copied or scanned at. If it's a local business, you might want to address your copyright concerns with the manager there. I believe the Kinko's copy chain got hit with a big lawsuit that actually resulted in most retail copy centers to post an obvious sign warning customers against illegal copying, and the store bears some responsibility if they allow it to happen. Some retail chains now flat out refuse to copy anything that looks like it was taken by a professional unless they have a letter showing the person has permission.</p>

<p>Then, upsell your client. explain that the right way to have it done and "look good" and done right, they should do it with you, and that is something you normally charge for as an extra or premium option service.</p>

<p>I remember one post a couple months back where someone suggested using papers with texture, so that if someone tries to make a photocopy, the image doesn't come out very good at all. That would make it harder for someone to do this and get a useable image. </p>

<p>Not suggesting you <strong>should</strong> do that, but it is an option. </p>

<p>If they scanned the image and made their own announcement, then you have the problem of dealing with a customer you wish to retain, etc. However, if they took the scan to another printer/publisher, then you have a legitimate beef with that - by now, any commercial printer (in the general sense) should be well aware of the issues in copying anyone else's work.</p>

<p> </p>

<p>Now for an even less popular answer...<br>

I can definitely understand your concern from a quality standpoint, but from Joe Public’s perspective, this is where copyright protection goes too far. I would assume Joe’s line of thinking goes something like this:</p>

<p >· I paid the photographer quite well for 1) taking my picture and 2) giving me this print</p>

<p >· The picture is of me</p>

<p >· I feel I have exclusive rights to “me” unless I sign something that clearly states otherwise</p>

<p >· I understand I cannot sell your work or otherwise earn money from it, but I’m unclear as to what extent you can sell pictures of me, and make money from them</p>

<p >· If I want to use this picture of me, that I paid for, in the exact context for which it was created, with no commercial intent, who do you think you are to tell me not to?</p>

<p >Had the image been used commercially, I would wholeheartedly agree with you.. In this case, Mom used the image to communicate how proud she is of her son… I think Joe Public might have a point on this one, copyright or not.</p>

<p > </p>

<p >Like I said, a less popular answer!</p>

<p > </p>

<p >Bubba</p>

<p>Popular with me Bubba. If I contract someone work for hire to shoot images of my family I surely want the right to use them as I wish. Anyone that can't figure that into their business model doesn't get the call from me.</p>

<p>What Aimee said 100%</p>

<p>politely this is not work for hire. they purchased a print, they can do anything they want with it except copy it. obviously everyone knows copyright law, that doesnt need to be repeated.</p>

<p>amy, im still unclear of what she was calling about. was it we are so happy with the photos we even used one for the announcements or WE ARE using them for announcements (undertone...you cant stop us).. if you reply in kind most of the time people understand and are not offended.</p>

<p>assuming the call was nice toned from her...i would say something like, glad you liked them. i offer cards that are of better quality...BTW did you know that copying a photo is illegal. i just wanted to let you know so you dont get in trouble..</p>

<p>i tell my clients something along those lines even when they are dealing with another photographer, just to help them, genuinely help them, and then they know not to copy my photos too.</p>

<p>Disregarding your intent to hold onto print profits as much as possible, my point was, I will not hire something to do portraits unless they are able to release a file to me for my personal use as I wish.</p>

<p>Amy - pretty much the same thing happened to me, this week - twice. Both times pictures were being used by commerical organisations (small ones, but still business outfits) having been copied from customers or directly off my website.</p>

<p>Much as I agree with all the wise advice in this thread, nobody's addressed the emotional aspect of it. I know exactly how you feel. Deep breath, have a hug from me, and move on.</p>

<p>Justin,<br>

But what happens in the end when they use your image not to your liking (in terms of color correction, sharpness, cropping, composition, etc.) and then attach your name to it. 200 people see it and (granted I realize the average Joe Public won't notice what we notice) they ask "who took this picture? Huh, I can do better than that." What then does that do for your business prospects? I know I will never have control over what happens to images but having as much as possible is what I am after. I'm looking for practical actions not philosophical discussions at this point- albeit a valid and important discussion and one I am sure has been covered here many times.<br>

I assume most people know about copyright laws, people disregard them all the time with a variety of formats. Does language need to be stated somewhere in materials we give clients?</p>

 

<p>What Bubba and Justin said. This is a risk you take in business. You did get paid, and the clients are going to think that since they paid you they have a right to use the photo how they want to. They sort of have a point.</p>

<p>When RIAA lawyers get all uppity and start suggesting that we don't have the right to copy music from our CDs to our iPods, even though we did pay for it, we say they're full of it and keep on doing it. We call it fair use, and it's a gray area, but it's the same thing here. Your business interests, from the right to charge for prints to the right to control the look of everything with your name on it, are an abstract concept to the customer who paid for the photo. The idea that she's violating your copyright didn't even occur to her.</p>

<p>If the photo were being reused by a business you'd of course press them on the issue to get additional compensation but there's nothing you can do here but let it slide, thank the parent for the compliment of saying your photo was good enough to be worth copying, offer to provide "the highest quality" prints for anything they want to do with it in the future and ask them to consider you for any future portrait work and recommend you to their friends.</p>

<p>All,<br>

I did nicely give her my permission to use them and offered to create a similar announcement with original files quickly and for a small fee if the copies didn't turn out with Kinkos. I also requested that she make my business cards readily available at the graduation party to which she agreed.<br>

I am so grateful for this place. I know that when I have a really pressing issue, my questions will be answered quickly and in more ways that I had considered. Thank you all so much.</p>

<p>That's why I just charge a decent fee up front and let them do whatever they want with the images. Policing this type of thing is a huge waste of time IMO.</p>

<p>If all that people judge you on is print quality, then you've got some other issues.</p>

<p>Technology has changed the field and there is no going back. When dealing with families photographers should charge for the shoot and give a CD with a license for personal use. Offer prints but don't depend on them for your profits. The simple reality is that any Walmart with a Fuji Frontier can produce top notch prints from digital files. Better to give them those files properly prepared than to leave it up to a cheap flatbed scan of a 4x6 proof.</p>

<p>Any wedding or family portrait photographer who imagines that a "you must buy prints from me" business model is sustainable in the modern world is just fooling themselves. There is nothing you can do to stop customers from using flatbeds, ink jets, and/or the local photo lab from making as many prints as they want, so why pretend otherwise? You offer a service, not a physical commodity. Charge for the service and leave the commodity up to locations that specialize in commodities.</p>

 

<p>Keeping a super-tight control could be unprofitable. It would be more profitable and less painful to try to turn the situation around. The post about offering graduation invitation printings in the future sounds like a great idea.</p>

<p>If they're going to a self-service place, how hard would it be to build them a photo file that looked like a graduation invitation, and include it on a CD or in some kind of a digital transfer, so they could download it and print it out themselves at a laser printer kiosk? I bet once you came up with a template, you could use automatic form-fill functions to add in changeable details like a subject's name or place and time of graduation ceremony, and so on.</p>

<p>Notice, some stationery manufacturers offer different kinds of cards pre-cut to accommodate photographs. Maybe there's a cost-effective way to come up with some economical products that would meet your future customers' needs. It would also be easier for them if you did; they wouldn't have to go to as much trouble in scanning and authoring. Chances are, too, if you coordinated this well, you would probably produce a product of superior quality, which might make them even happier in the long run.</p>

<p>first, they had to scan your pic, so its not like a RAW image file, they already got an inferior print...... second, you can't dedicate your time to the few scofflaws and people that likely didn't have a criminal intent, more like dumbness related to copyrights.... third, you can use the situation to learn from it, and offer custom printing for your customers for birthday announcements, holiday cards, party announcements, graduation announcecments, etc, when you take orders from customers for pics, make it an UP FRONT pitch for pics.... 99% of my pics are done with that in mind already, my first pics were a friend's daughters pics for a holiday card to send to family.... the cash is NOT in the pics, its in the derivative merchandising...... my second assignment was image mugs for a friend's strip joint, now THOSE SOLD for a lot.......<br>

if someone were to approach me like they did you, i'd tell them flat out, "yew po' THANG! hell, mah oreegeenal looks much better and that paper's dang nasty....., can I show ya how its done fer a few nickels mo'! hell, yew even scanned at a low resolution, I can see color problems from here, that child ain't supposed to be GREEEN like that, is they?"<br>

but then, I do this for fun and to entertain the hell out of myself, mostly, the cash just SEEMS to follow..... the important thing is to MAINTAIN decorum, smile, have FUN with it, make the most from each experience and figure that its better to have one happy dumbass that spreads YOUR WORK at her expense, as each photo IS AN ADVERTISEMENT for YOUR mind's eye that you use to take photos with, each copy STILL represents you, than it would be to create a ruckus, cause anything negative, or be other than professional and dignified. On occasion in every business you find a few difficult moments and people that test us, it can't be cause for us to think poorly of other clients or stop what we do... DO what you enjoy, photography..... don't let the biz end stale you.....<br>

if you wanted to be a pain, find out if she scanned it at home or at an establishment..... the first situation , any legal recourse would be a waste of YOUR money, for the second, you'd have to go thru the motions of turning them in for copyright infringement, and a few years later you'd settle out of court...... it is worth your time, effort, energy, and passing minutes of life to do that? for onesy twosy, NAH...... if it was a daily rampant thing, yeah.... <br>

so, take advantage of the situation, befriend the lady, GO to that grad party if possible, and use things to their best.... at the end, she's still advertising and promoting YOUR talent with each copy she makes....</p>

 

<p><em>If all that people judge you on is print quality, then you've got some other issues.</em><br>

<em></em><br>

This make no sense and is internally inconsistent. If others are judging a photographer on this sole criteria, then there are cannot be any other "issues" that matter even if they exist. </p>

<p>If print reporduction quality is not important to other'speople's views of a photographer's abilities, please feel free to explain why rather than merely presenting an arbitrary insult.</p>

<p>Amy, slightly off topic, but you only give prints? You don't give images on a CD/DVD at all? If so, then wow - I am surprised that still works.</p>