How would you handle this?

[spacefuzz]

give him a 8x10 or a jpeg with your water mark on it. You wouldnt have a photo if he hadnt been there after all.....

[TPF Sponsor]

[cgipson1]

He was a free model.. pay him for his time with a cheap print. Or do like I do.. throw a digital image at him, but size it to like 800x600 with moderate quality compression first... hard to get a decent print off of that. And if you put your name on it, and he passes it around.. it is free advertising. I have had a good bit of business from shots like that... happy subject = good word of mouth.

[ghache]

Send him a small print or even tell him to pick it up.

If he wants something larger then make him pay for the print and all the work. he wants the jpegs? make him pay. He will probably use it for self promotion enyway

[ChadHillPhoto]

I usually, will grant the subject a copy or the digital file. Also you may wish to get a release if you plan to sell the image. But the kindness of giving them a print/copy breeds good will and your subject will in turn promote your images/site that they are featured on.

[JTHphoto]

i like the idea of sending him a small digital file and water marking it with your website... free advertising. If he wants a print or high-res version, time to start negotiating price/model release (if necessary).

[FireRescueFL]

Also not a pro here, bit if it were me, I'd give a moderate sized digital copy with a fairly pronounced watermark. A lot of people like having photos like that to use as their wallpaper on a computer. If it's his own computer, he shouldn't mind the watermark and if he gives it to someone else for their's, you just got some free advertisement with the loud mark.

---Chris

[Futurelight]

I have "liked" the comments I agree with. There are certain parameters we must all work within with this industry and, having a signed model release form will seperate any possible problems from the work being undertaken. However, as a note of self-preservation, it is ALWAYS good to give a copy (digital or hard-copy) to the subject as, when they show it off to their freinds/family etc etc, YOUR name will always come up strong in the conversation. Good luck to you.

[Tadzior]

I would let him have this photo. Just ask him to credit you. Because if you won't he always can sue you. xD

[Balmiesgirl]

Like most everyone has said.... Give him a copy and ask for a signed release in return good karma good word of mouth advertising

[Tony S]

Several years ago I took a picture of an artist sitting on a bridge painting the landscape along the river. I sent him a full res file of the image after getting his business card. Completely by surprise two weeks later the guy in the big brown truck pulls up and delivers the painting the guy was doing. Now that one worked out, well sort of, the painting sucked.

[Balmiesgirl]

Several years ago I took a picture of an artist sitting on a bridge painting the landscape along the river. I sent him a full res file of the image after getting his business card. Completely by surprise two weeks later the guy in the big brown truck pulls up and delivers the painting the guy was doing. Now that one worked out, well sort of, the painting sucked.

LMAO!!!!! Too funny!

[chuasam]

A 4x6 cost about 40 cents.

If your 4x6 cost 40 cents, you're getting ripped off. But I totally agree with you. I would have given him a print, my business card and an offer to stay in contact. I do make a living from my photography.

[Forkie]

I often shoot interesting looking people on the street. Some of which have asked for copies. To date I havent given anyone anything as Im not sure how best to handle it.

They let you take their photo, but when they ask for a copy you say "no"?

You old meany! Do any of them let you actually take their photo after you've said no or do you only tell them that after you've taken up their time in the street?

[jaxx419]

What ate you gaining from having this photo on your site? Will it potentially make people want you to shoot photos for them of which you would make money off of? If so, I would give him a print. Only seems fair.


Sorry, didn't realize this was from almost a month ago.

[snapcult]

He can't sell it to Nike to advertise how the acrobat was using their shoes.

Sure he can sell the photo to Nike. Once he has sold it to Nike, he has no control over how Nike uses the image. However, the photo is worth more to Nike if it's accompanied by a valid model release.

Nike's legal department will recommend a model release be obtained from any people in the photo, if the photo will be used in any way to promote Nike, because at that point Nike become the publisher of the photo.
A model release protects the model and the publisher. Sometimes the photographer becomes a publisher too.

Using un-released images is a fairly common practice in the advertising world.

A digital file would make it easy for the street performer to share the photo. A print would be harder to spread around, but easier to display in his home.

I recommend to anyone selling photos with people or property in them to get, carefully read, and keep handy as reference - Dan Heller's book: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

The ASMP's book: ASMP Professional Business Practices in Photography, 7th Edition

And John Harrington's book: Best Business Practices for Photographers, Second Edition

Having dealt with Nike and their other third party designers in the past I can tell with 100% accuracy they will not buy any images to use for advertising without a release that has anyones face in the image.

"Using un-released images is a fairly common practice in the advertising world."

While this might be true the company is setting themselves up for legal problems if a face is in the image.