Product delivered Client is unhappy

[jesus_zendejas]

<p>I was asked to "Photograph" a musician and later that shoot turned into an album design project. Since the printing company of the album and cd's provided the templates I agreed to it.<br>

I provided the client with the contract that says that it is for the photoshoot and album design and no prints will be provided.<br>

Once the shoot was over we selected the photos that were top choice for the album and providing him low resolution photos with our logo so that he could share with his wife. Normally I upload to a flash gallery for viewing on my site. I made an exception because my wife was about to give birth any moment, he is a "starving artist" with no internet access at home and because his new business partner has been my friend for years and I know his wife and although I knew this was not a good idea I went with the honor system. I asked him to not share the photos because they were low resolution and unedited.<br>

Two days later my wife goes into labor and during this time he used one of the photos for a new flyer. Its a cropped up version of the low resolution photo so I immediately am disgusted for the broken mistrust and for the quality of the photo used on the flyer. I contacted my friend and he apologized in behalf of the artist. According to the artist he contacted me and I never answered. I was with my phone 24/7 and didn't receive a call from him until 5 days later.<br>

After finally finalizing the album (i had no idea how difficult it is to work with some artists since they change their mind while changing their mind)<br>

He contacted me again to use another photo for a new flyer. I asked him to fill out the proper paperwork as the contract states that we need a license agreement for such use. He didn't fill it out so I never sent it to him because I was still waiting for it. Keep in mind I'm a new parent and I can't follow up with him as I would normally would with any client. So he gets impatient and says that he is done working with me and wants nothing to do with me.<br>

So his next facebook post on his fan page he puts old pics that he downloaded from the internet and has a celebrity meltdown. I ignore it and just go about my day.<br>

He does contact me 2 weeks later asking for another photo for another concert out of state and to put the photo on a T-shirt. The way he explained it to me he led me to believe it was the 3rd party doing the shirts (radio station) and such. So I emailed them and asked them to fill out the License form. 1 Week later he calls me and complains that they are not happy with my request. After he gives me more information and he explains to me that it's his idea/project and he needs photo for the publishing company I tell him to fill out the license and I emailed the photo the publishing company anyways because of the deadline with the printing and concert. <br>

I contacted him asking if they got what they needed and if anything else was needed from us. He ignores me like he has in the past unless he needs something that is when he contacts me and his phone starts to work again.</p>

<p>Two weeks today the new flyer includes his old photo from the internet from 3+ years ago. I feel bad but my friend who is his business partner told me that I did my part. So I don't feel too bad.<br>

Before taking the gig I had a gut feeling that I shouldn't take the job. It was close to the birth of our baby so I explained to them that my priority was my family and if they were willing to work with me knowing my situation it was their call.<br>

<br />It took me 20 hours to finish the design (changed their mind every few minutes) and 4 hours of the shoot. I ended up quoting less than what I expected to take. We negotiated a higher price but not enough.<br>

I provided a contract, license and even an email explaining the importance of that and copyrights and cross referenced it to the music industry. FBI notices on back of album-copyright. License of photo-liscense of song that is not his to use in his album. I even mentioned Getty Images so they would see that I was not making things up about licensing.<br>

I believe I have done everything in my power to do the correct thing but somehow I don't feel satisfied with the overall outcome.<br>

I was originally planning on gifting a DVD cover with his photos from our lab (fancy and in metallic) similar to the album but with no song titles or fbi warning etc...<br>

What should I do? Should I contact them by email, phone or in person asking how we can fix this? I'm all about customer service and like I have on my site we are not happy until you are happy.<br>

<br />What is your advice?<br>

<br /><br /></p>

<p> </p>

[BrianS1664879711]

<p>Since nothing else seems to have worked well, why not have your friend, his business partner, set up a meeting so the issue can be discussed and resolved. Ensure that you friend knows that there is an issue to be worked and sets up the meeting so distractions from other things are minimized.</p>

[starshooter]

<p>Okay, let's tell it like it is, according to the way you tell it. You're acting like an idiot and the other side is playing you like a guy with a trout on the end of his fishing line. What does it take for you to wake up and smell ther burnt coffee? Somebody out there does not give a fig about your art, your rights, your efforts, or you. You need legal advice and to get a little backbone.<br>

I am reminded of a poster I saw one that said, "it is immoral to let suckers keep their money." Or the rights to their images.</p>

[craig_shearman1]

<p>1) Have you been paid? If so, cash the check and forget about this guy. Put him on your list of fired clients. If not, stick with this only long enough to be paid, then ditch him.<br />2) As the father of two, I fully understand the issues of being a new parent, but it's not the client's problem. New baby or not, you still have to reply promptly to client requests the same as you would have to show up for work at a regular job. He's clearly being unprofessional on his end, but once you start making excuses on your end, you lose your right to criticize him for his behavior.<br />3) You have taken the right steps in insisting on proper license agreements. Don't back down.<br />4) Giving him a DVD as a gift? Clearly that's out the door at this point.<br />5) Lesson to be learned from this -- business is business. Development your procedures and policies and stick to them. Nikon wouldn't cut you a break on a D4 becuase you're a starving photographer. Don't let somebody play the starving artist card to take advantage of you.</p>

[jesus_zendejas]

<p>Wayne you are correct. I am Idiot for making an exception and yes I'm positive he doesn't care of our media.<br>

Craig- Yes I have been paid and no more future business with him.<br>

I probably didn't make myself clear or worded it correctly but I didn't use my family as an excuse. I simply asked that once we started on the project if the baby was born I would ask for 1 week extension (vacation) from the project to be with my family and they agreed. After the 1 week came and went I delivered well under the time frame that I had originally given them (I didn't need the extension). They met the deadline to print their CD and where able to do a pre-sale at their first concert. Any contact from delivering the product I responded within 1 business day or almost immediately. <br /><br /><br>

Lesson learned- Even though his business partner and I are 100% on track and before I took the job we agreed that this was 100% business. The artist is the one we are having an issue with. I will not making anymore exceptions anymore, continue to stand my ground on legal documents and be more careful with future work.</p>

<p> </p>

[aimpic]

<p>Business is business. That is the stuff many photographers don't know or learn. It includes law and psychology.<br>

Further, prevention is much more powerful than cure.<br>

You must have respect from your clients or potential clients. <br>

Yes, drive a Rolls, wear a suit, have an expensive looking display area and charge money!<br>

You say, half deposit and balance on collection and you define exactly what you will do and what they will get. <br>

You are not a fartist! You should be a business person who can solve their problems and make them happy to pay you lots for doing it. <br>

Before final whatever, you show, preferably projected big what you will print etc. They like it, you say initial this order and you tell them when and say the balance of ... will be ok when you collect.<br>

Clear is it not?<br>

I just hope you learn something from it.<br>

<br />Cheers.</p>

[bobbollinger]

<p>That artist is just a "user." I make my living as a lawyer and I occasionally have a client use me in a comparable way. For example, recently I negotiated a settlement for one before he had signed my fee contract--that was my error--and he indicated that he had no intention of paying me. He fired me and then contacted the insurance company representative and took the settlement I had negotiated for him, and never paid me a dime. I got stiffed but I will just move on to the next client and will take away a valuable lesson from the experience. <br>

I have a rule in my professional activities that I break every once in a while when I am feeling generous, and getting stiffed reminds me of why I have the rule: Life is too short to spend it representing jerks. <br>

I think there may be considerable overlap in the stuff I have encountered with certain clients in my profession and what some professional photographers have to deal with. Based on my experience as a provider of professional services, I would say you should figure out how to identify these problem clients early in the hiring process and refuse to accept them as clients--just decline the work as nicely and professionally as you can so they go away without hurt feelings. <br>

And in every instance when you take on new clients or projects, get all of the correct paperwork signed before you start the work. No exceptions---you will most likely regret any exceptions you make! </p>