What to do when client print my images without print release?

[lucy_wang]

<p>I have recently moved to a new city. So I offered a few free mini sessions to promote my business to get the word out. They were 20 min sessions, NO product or print release was included. The free package includes 3 edited web-sized and watermarked images for web sharing only. If clients wanted anything beyond what's in their free packages, they would have to purchase.</p>

<p>I did a free mini session for a client and her family. Let's refer her as J in this post. J and her family were very happy with the photos and told me that she was going to order prints from me. I haven't received any orders from J. I wasn't bothered by it, until yesterday.</p>

<p>Yesterday, I was contacted by a local framing business. The owner wanted to know if i would be interested in establishing a business relationship with them, because they had framed some of my shots and were very impressed by them. They also happened to mention in their email that they also framed some photos for J that I recently shot. So apparently, she downloaded the photos from Facebook, printed them, and even invested in some framing work also.</p>

<p>Not sure if i am being over reacting, but i am feeling pretty upset and pissed about it. She already didn't have to pay a dime for her session. On top of that, I offered her some extras such as 10 mins more shooting time and more images to share. I also told her about my referral program. She could earn points towards free products if she brought new clients to me. The fact that she didn't order anything from me doesn't bother me at all, since my goals were not get the free mini session client to spend big dollars beyond their freebie. The purpose of my free mini sessions was entirely marketing. I am, however, very offended by the fact that she stole from me after receiving everything for free! <br>

<br>

I'm new in photography business, and this is my first time dealing with a client stealing my images (that i know of). What would you do in this situation? Any suggestion would be much appreciated. Thank you!<br>

</p>

[ellis_vener_photography]

You ran a promotion, your client liked what you did and had it printed. So while you don't like that she cut you out of that

process (and so you didn't make a little bit of profit) What she did led to the possibility of a new business relationship. In

other words your networking is succeeding beyond your expectation or control. Meanwhile if your "client's" friends also

like the portrait you made and she tells them that it was you and they get in contact with you,you win again.

 

I'd either send her some flowers or make a better quality print as a thank you.

[lightrasp1664881197]

<p>Let's see; you did a FREE session and gave her FREE pictures? She prints the FREE pictures, has them framed and you think she is stealing from you?<br /><br />She didn't steal them - they were FREE. Because they are FREE - they are worth NOTHING to her. <br /><br />This is a very poor business model and the only thing important is what you can learn from your mistake; if you give away your work...do not expect anyone to respect you.<br /><br /></p>

[rick_m.]

<p>All too often new photographers offer "free" stuff to build their business. I am not a fan of this unless it is offering free photos to a nonprofit as a networking method. </p>

<p>Perhaps more important even than doing excellent work is learning to sell your services. Photographic skills will make good pictures, sales and marketing skills will make good money. As Ellis said, your marketing plan seems to have paid off a little. Just not in the way you planned.</p>

<p>I really don't know about the copyright issues and since I am not a lawyer prefer not to get into that. What will be important in the future is that you try to develop sales strategies that minimize this sort of thing. John said something that is particularly important. People tend to assign value to something commensurate with the price they pay for it. Free stuff is free stuff and must be worth very little. </p>

<p>Every established artist encounters this. Charities are always asking for free paintings or photos. They imagine very little expense associated with the creative process and therefor value it very little. So to them any money they get for the painting or photograph is just all "profit" and has cost the artist 'nothing'. If you want to score good art at bargain basement prices, just attend a few charity silent auctions. I know a notable local painter who had a friend buy back one of her paintings for her because she knew it was worth several times what it was going for at the silent auction.</p>

<p>The whole point is that, as a new photographer, you need to work very hard on getting paying gigs. They are the ones that count. Free stuff is best left in the networking activities. Shoot for a charity event and hand out business cards for example. If you had only charged this lady $25.00 for the session SHE would have taken it more seriously and the whole dynamic would have changed. Instead of telling her admiring friends. "I got this for free from a new photographer just starting out" she would have said, "I got this from a new professional in town. She only charges $25.00 for the session and then you can choose the best shots to buy". HUGE difference.</p>

<p> </p>

[john_h.1]

<blockquote>

<p>The purpose of my free mini sessions was entirely marketing. I am, however, very offended... ...What would you do in this situation?</p>

</blockquote>

<p>Adopt a business model and attitude more accepting of the reality that the masses consider copying and printing of digital files and web pics as perfectly normal and acceptable.</p>

[david_henderson]

<p>I agree with John. If someone has access to a photo of them that they can print, then many will feel that its OK to print them. Either give them something that won't print, or charge for things that will print and assume they'll be printed. No matter what you tell people or get them to sign, its simply counter-intuitive for many to understand that they don't have the right to do what they want with a picture of them.</p>

<p>If you just think about this from the customer perspective, they gave up the same time as you did. They got a few free pics. You got a free model and the chance ( not realised in this case) to sell some prints. J quite possibly doesn't consider that she owes you a bean. And finally, who put the work on Facebook , and did so at a size that could make a print? Seems pretty pointless to give J three very small and watermarked images if she can easily access much bigger images as well? </p>

[JosvanEekelen]

<p>Under Dutch law what she did is perfectly legal. You gave her the picture and she is free to use it, at least for her own private use. This may be different in the US or wherever you live but as others have stated, don't bother, contact and thank her for promoting you. <br />Keep in mind that the public in general has little knowledge about copyright.</p>

[zelph_young]

<p>She exceeded the terms of the agreement. Web use only and other use - contact you.<br>

You might find out where she had them printed. If your copyright notice was on them you may have cause for legal action.(US) Olan Mills studios own a few print and copy centers because they copied and printed images Olan Mill has copyrighted. The studio found out the shops would copy the work, sent in a 'blind' who asked them to do so from portraits marked Olan Mill Studio - and after the copy or print shop did so Olan Mills Studios hit them with lawsuits. Now, Olan Mills owns a few of these shops.<br>

Your problem is how to deal with someone exceeding the terms of license.<br>

Remember that so many out there think anything you give them is theirs to do anything they want. You might make the terms more open or emphasize them more. On the other hand if you find out the shop that printed your copyrighted work(you did register it, right?) you can go after the shop as well as your former customer. The shop is more likely to have insurance or the funds to pay for the copyright infringement.<br>

The fact that 'the masses think it is OK' to steal does not make it so. <br>

Learn from it and either go after it or change your marketing. </p>

[Spearhead]

<blockquote>

<p>If your copyright notice was on them you may have cause for legal action</p>

</blockquote>

<p> <br>

Copyright notice is not required for legal action when there is an infringement.</p>

 

[bethe_fisher]

<p>If your agreement with her did not include a written notice that she couldn't have them printed, then I'm sure she thought it was fine to do so. People will do anything they haven't been told not to do and will do most of what they were told not to do. <br>

Today's business model seems to be to charge a large sitting fee to cover the fact that the client will take the files and get prints made on their own. The other way is to only give them watermarked, small, low resolution images and make sure they know they need to contact you for prints. If she was able to get prints that the framing shop thought were good, then she must have had access to larger files than she should have.</p>

[danmarchant]

<p>From a legal standpoint what the client did was copyright infringement. You could take action against here. The client almost certainly doesn't know and even if they do, they probably don't care. Taking legal action against them for printing "their" images will just turn a happy person (I won't use the word client) into one who doesn't like you <em>and says so</em>.</p>

<p>From a business standpoint you almost certainly didn't lose anything because she was never going to buy anything in the first place. Offering stuff for free attracts people who want stuff for free. The chance that they will turn into customers is very low indeed. Discounts and freebies should only be used to incentivize existing customers who have already spent money with you.</p>

<p>The best you can do now is get some benefit from the images by using them in your portfolio to properly promote your business.</p>