Client entered my photo in a magazine contest and won.

[marcsharp]

<p>Last November, I did a portrait shoot for a longtime client and her baby daughter. All went well, and she was very pleased with the photos. The photos were delivered to her via Smug Mug with their personal use license.<br>

Since then, the client entered her child in to a "Cute Kid" contest given by a local magazine in her community. She submitted one of my photos which was published in the magazine, and won a small prize. Their is still potential for her to win a bigger prize.<br>

Fortunately, I agree that her child is super cute. I have known her for a long time, and I hope that she wins some nice prize which she certainly deserves. I have no intention of pressing the issue, but I wonder what the legal implications are in this matter. She used the photos to make money which is specifically prohibited in the personal use license. I checked the magazine's contest application, and it specifically asks if this is "your photo" or if you have permission to use it. They did watermark the photo with "Photo by Marc Sharp" in the magazine.<br>

So here are the questions... In a situation like this, did the client do anything wrong? Did the magazine do anything wrong? Did the photographer do something wrong? Is the photographer entitled to additional compensation or prize money? What might I do in the future to prevent this type of misunderstanding?</p>

[john_h.1]

The minimal impact and probable intent to just show off the child, rather than profit motive and future relations business

and personal make your choice a wise one.

 

As to the technical issues,

 

The client... Breach of contract, infringement, unjust enrichment, quantum meruit and fraud/misrepresentation if she

intended to decieve rather than inattention, unfair trade practices if the contest is deemed commerce.

 

The magazine... Infringement, possibly unjust enrichment and quantum meruitl.

 

The photographer... Nothing.

 

The photographer's recovery... The measure of damages recoverable under the causes of action listed above plus

equitable non economic relief such as injunctions.

 

Of course all this is way overboard as to the minimal nature of the situation but might be of use in mega bucks scale

scenarios. As to the future, add contests to the list and communicate as effectively as can be done reasonably. (i.e. not

causing negativity w/ freinds and clients).

[peter_e]

<p>My take: It's a contest for the cutest kid, not for the best picture of a cute kid. This would not change the rights to the image but it may affect the damages.</p>

[gulfbeach47]

<p>Last summer the idea came to me to add this on my Release Forms: <strong>Photos are for personal use only and not to be used for contests, publications, media etc.. for financial gain unless we agree on price adjustment accordingly. Using images in Facebook, sending images to friends etc... are fine. </strong> <br>

Not sure if it carries any weight, but I hope it worries the clients enough to not do it. This is mainly for Family Portraits:) <br>

Any thoughts?</p>

 

[david_henderson]

<p>If the "bigger prize" is given by a local magazine, is it big enough to be worth fretting over? </p>

[john_h.1]

If the bigger prize is won, is it worth fretting over? Usually not. This is one of the risks taken in doing

business with or doing favors for family and friends. If they disregard agreements, inadvertently or

intentionally, the photographer is often made out as 'the bad guy' for making an issue of it. It won't matter,

in these instances, if the photographer's raising the issue is over petty circumstances or well justified.

 

Whether to be glad for the mother here or a bit disgruntled (especially if she hits a big payday) depends on the

totality of the circumstances. But I wouldn't suggest anyone actually get anguished over it.

[szrimaging]

<p>Might I suggest that you make this a marketing opportunity Perhaps, if she does win the big prize, or even some kind of runner-up prize, you could ask the magazine to publish your contact info so other parents looking at the photo could hire you. Or see if you could do a reduced rate, or even free, ad in there to compliment the photo.</p>

<p>And, not being a lawyer, I would say that entering into a contest like this is not for financial gain, and is a personal thing. At least from the parent's perspective. The magazine I'm out on.</p>

[robert_k1]

<blockquote>

<p>So here are the questions... In a situation like this, did the client do anything wrong? Did the magazine do anything wrong? Did the photographer do something wrong? Is the photographer entitled to additional compensation or prize money? What might I do in the future to prevent this type of misunderstanding?</p>

</blockquote>

<p>The most important question: How do *you*, the photographer, feel about the situation?</p>

[john_h.1]

<p>In my earlier comment I referenced the shoot for family or friends forgetting that it was actually about a client. Since it is a longtime client, there still reason not to fret too much. It is desirable if they remain a longtime client. I think it will be fine to mention the situation and remind them of the terms for the future and ask if they may be inspired by their good fortune to recommend the services to others.</p>

[dan_south]

<p>Congratulations! You helped make a client's dream come true, and your work was given public exposure for free. That kind of good will could result in future business at no cost to you. </p>

<p>The client didn't do anything wrong, but you might want to monitor the contest organizers' use of the photo. If they use it for commercial purposes, you would have a legitimate grievance. I'm sure that your client is not the only contestant who submitted a professional photo. The contest organizers would need to ensure that any photographer involved is properly compensated for future use.</p>

[bobbollinger]

<p>I think it is a marketing opportunity for you more than anything. Your photo just won the cutest kid contest. Figure out how to exploit that in your marketing. <br>

Tell the client who used the photo how pleased you are that your photo of her cute kid won the contest. <br>

Then change your contract for the future, and don't risk upsetting this client with a complaint about her unauthorized use of the photo. </p>

[mary_smith11]

<p>I agree with Bob.</p>

[ian_campbell1]

<p>Also agree with the latter two: if the kid wins you can claim to have been the photographer who shot the best looking kid -- and can make the other kids that come your way look just as good, parents please note.</p>

[danmarchant]

<p>I tend to agree with the above posters. This is a baby contest, not a photo contest. I am sure that the photo makes the baby look better but the intent is still to judge the baby. So, while technically it would be breach of contract etc I wouldn't let it bother me.</p>