Client demanding RAW files. Now what?

[camera obscura]

One more point: stop communicating with the client. Put his email address on your Junk list.

+1

 

[astrostu]

No photographer gives away RAW files. That's just wrong to do. A contract is a contract is a contract (... though only among Ferangis). But seriously, a contract is a contract and I'm fairly certain that it was actually the very first US Supreme Court case that established the near-iron-cladness of a contract. He's SOL.

I would contact the authorities if he is being verbally abusive, that could constitute assault.

No, it wouldn't. Assault means that someone, well, assaulted you and usually even requires physical injury to count. Now, "harassment" is an appropriate adjective in this case, I think.

 

[photographyfanatic]

Tell him to sue you. Cause you would win.

 

[Josh66]

Tell him to sue you. Cause you would win.

No lawyer would take that case...

 

[tsaraleksi]

As an aside, it's quite possible that when he is saying "raw" files he means all of the jpegs or whatever-- more than a few people I've come in contact with have a weird notion that the photographer is somehow hiding images from them. Doesn't make a lot of sense to me but it sure is more logical than wanting a CD of .nefs or .cr2s.

That said, a contract is a contract. My guess is that there was no mistake, he's just trying to bully you into saving him a few dollars.

 

[RJohnston]

Never give out copies of RAW files, regardless of what his reason might be. A contract is a contract and if he wants them, suggest he take it to small claims court. IF they could afford the sitting, etc, undoubtedly they CAN afford your prices which are probably in the same bracket. He just knows that he can have them made cheaper at Walmart or Print them himself and who knows how many times he may have pulled this before.

If he does file, file a counter suit. No judge in small claims will give him a dime and might even give you an award for harassment and your time. Judges are quite familiar about how Photographers work, know the prices that are fair, etc.

If he persists in harassing you or bullying call the police.

Tape any phone calls he makes, if it is legal in your state... If there are requirements for taping, follow them. In many states it is only necessary that one party know they are being taped, thats you. Keep a record of each instance when he calls or approaches you personally. An ounce of prevention is worth a pound of cure and you have no idea just how far he might go.

 

[benhasajeep]

I will give one suggestion here. Don't ever, ever mention court. Even if your serious in pursuing the court option. As there are some people itching for a court fight, no matter if they have a strong case or not. And you cannot always recoup your court costs if someone tries a stupid suit against you. Mentioning court is not a good plan.

Just preserve your information, including his emails and pack it away for several years. In most places he will have a couple years to file a complaint. Keep the information to protect yourself. And cut your ties with this person.

 

[RJohnston]

Personally I love going to small claims court. The judge is the "attorney" for both sides and is impartial. Ive been sued several times and each time walked away winning. Never with less than $500 plus court costs.

The last time I was sued for $500, I filed a counter suit. It shook him up when we came into court with 39 witnesses to testify, so he admitted what he had been doing... He had been doing this on a regular basis, most of the time suing young people who did not understand their rights. Many just would not show up, so he won by default. This guy may have been pulling things like this with people for years.

The judge wound accusing the plaintiff of attempting to use the courts for blackmail. Gave me $500 and $2000 in punitive damages.

Then, turned the records over to the prosecutor. He wound up in jail, so could not collect at that time. However, in CA you have up to 20 years to collect on a judgment. But did collect a year after he was released, and went back into his own business. Marshal's went to his business and collected the money.

 

[Lauren Fitzgerald]

I kind of doubt this guy would go to court. He seems willing to pay for the RAW files, but only 100 bucks which is laughable. You are right, he probably has no idea that RAW isn't jpeg. He seems to me like someone who is trying to get the cheapest possible professional photos of his kid that he can get. I mean, you can't even walk out of Sears without spending a few hundred on their portraits. I will write him now and tell him yet again, "no", I don't sell my raw files. I'll report back here with his reply, but something tells me this is about to get ugly. The only positive here is that he keeps saying how much he loves the photos, he just can't afford my print prices. Even more reason not to sell him the RAW photos...he would be very disappointed with SOOC images, I'm sure.

 

[Josh66]

...he would be very disappointed with SOOC images, I'm sure.

Under no circumstances should he ever even see those... Those are for your eyes only.

 

[kundalini]

...he would be very disappointed with SOOC images, I'm sure.

Under no circumstances should he ever even see those... Those are for your eyes only.

+1 x10. The RAW files are your negatives. Keep them close to the vest. Nobody sees my RAW files 'cept me.

 

[Lauren Fitzgerald]

...he would be very disappointed with SOOC images, I'm sure.

Under no circumstances should he ever even see those... Those are for your eyes only.

I couldn't agree with you more. The magic is in the post-processing. He claims he has friends with technical skill, which makes me think he would give them my RAW images to mess with. I would think that there would be copyright implications there, as I hold the copyright to the images. Wouldn't I also have to turn over the copyright in order for him to alter and print the photos legally? Or am I mistaken?

 

[Josh66]

I'm not exactly up-to-date on the copyright implications, but I wouldn't chance anything.
DO NOT give him RAWs, don't even let him look at them.

Show him the finished product, and nothing more. It sounds like he isn't going to buy anything anyway, so dont cater to him one bit.

 

[Lauren Fitzgerald]

The judge wound accusing the plaintiff of attempting to use the courts for blackmail. Gave me $500 and $2000 in punitive damages.

Wow, was this photography related or something else?

 

[KmH]

No photographer gives away RAW files. That's just wrong to do. A contract is a contract is a contract (... though only among Ferangis). But seriously, a contract is a contract and I'm fairly certain that it was actually the very first US Supreme Court case that established the near-iron-cladness of a contract. He's SOL.

I would contact the authorities if he is being verbally abusive, that could constitute assault.

No, it wouldn't. Assault means that someone, well, assaulted you and usually even requires physical injury to count. Now, "harassment" is an appropriate adjective in this case, I think.

The exact definition will vary somewhat from jurisdiction to jurisdiction but just about anywhere in the US, all it takes to commit a simple assault is to touch someone. Felonious assault involves injury.

A quick blurb from the Wiki on 'simple assault', "in other jurisdictions, such as the United States, assault may refer only to the threat of violence caused by an immediate show of force."