Lady asked me to remove her photo from my site?

Discussion in 'General Shop Talk' started by DGMPhotography, Apr 18, 2017.

  1. DGMPhotography

    DGMPhotography Been spending a lot of time on here!

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    So, as the title says, a lady I did a headshot for has emailed me and asked me to take her photo off my website.

    I own the copyright to all the photos, and it's stated in the contract as such, and that any and all photos can be used for promotional purposes.

    I'm thinking I'll just take it down to avoid the hassle, but still... kind of annoying. Anyone have experience with situations like this?


     
  2. pixmedic

    pixmedic The Mustached Moderator Staff Member Supporting Member

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    only had it happen once.
    i would not take the pictures down.
    sounds like a dick move, but heres why...

    our contract stated that prices paid were based on us being able to use the pictures for promotional purposes, advertising, etc etc...
    basically, it said that the clients got a discount because we placed a certain value on using those photos ourselves.
    IF the client wanted exclusivity, then they had to pay a premium for that, forgoing the discounted price.
    noone ever wanted to pay triple the price, so we used the photos.
    the ONE time it actually came up, the client decided they didnt want their picture online and demanded I take it down.
    I told them that was fine, all they had to do was pay me the money for non-usage as stated in their signed contract.
    they didnt want to pay, so i left the photos up. simple as that.
    explaining that we use the photos for promotions and advertising was always part of our pitch, so it shouldn't ever have been a surprise.

    in your case, I still wouldnt do it. you own the copyright.
    if they want to buy that from you, decide on a number and get some more money since you will lose the pictures value as advertising.
    if you do it for nothing, you are saying those pictures have no value to you...basically devaluing yourself.
     
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  3. Overread

    Overread has a hat around here somewhere Staff Member Supporting Member

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    Life will throw you many challenges - sometimes you've got to learn where to and which fights it presents are worth fighting for.

    As said you've the full legal right to display the photos (as it sounds and according to common understanding of law - this doesn't mean actual law because that's slightly different); so legally you don't have to take it down.

    Morally its up to you to decide. You can do as Pix said and take a hard line and turn it into a potential financial earner - that's not criminal although some might consider it a cheap move -but then it depends on how your business is structured and where you make your profits from. If its prints and sales then its a sensible management approach toward protecting YOUR legal rights whilst addressing the WISHES of your client.

    Another angle is to ask what the reasoning is; many people might not be happy with their photo so you might turn it into a repeat client. Pitch to them that if they hate the photo that much they can get a shoot with you to correct it (maybe or maybe not at discount - if you do then make it clear its a once-off and not normal policy) - might be you do it at discount (encouraging them to part with money) or at full price or free (I wouldn't recommend the latter - if it gets out everyone will complain to get their free re-shoot)

    Another angle would be to simply to remove the photo.


    Sometimes you have to ask yourself - is it WORTH the fight and the bad reputation (reputations are really odd - sometimes you can have insults left right and centre and do well = other times one bad comment in the right place at the right time can destroy a persons business). You can always make it clear that you don't have to; that you've no legal requirement , but that you are choosing to take it down.

    Really depends - just remember that whatever you decide its not just influencing this photo; but the next and the next and the next. A hard line can be more sensible to avoid having problems; but at the same time you've got to factor in how often this is likely to happen and if your method is good; if you have decent clients and if you pro-actively avoid signing with bad clients then you might only encounter this once or twice.
     
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  4. smoke665

    smoke665 TPF Supporters Supporting Member

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    Looks like @Overread pretty much covered it.
     
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  5. 480sparky

    480sparky Chief Free Electron Relocator Supporting Member

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    I got a nickel that says she'd not hesitate one d*#&ed bit if she wanted to use the photo any d!@#ed way she wanted to.
     
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  6. DGMPhotography

    DGMPhotography Been spending a lot of time on here!

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    Yeah, I want to stand my ground and say no... but on the other hand, she's actually a somewhat influential figure in the theatre community (which I'm trying to break into), so it's probably not worth the trouble.
     
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  7. table1349

    table1349 Been spending a lot of time on here!

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    "If you set out to be liked, you would be prepared to compromise on anything at any time, and you would achieve nothing." - Margaret Thatcher
     
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  8. pixmedic

    pixmedic The Mustached Moderator Staff Member Supporting Member

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    I say nuke her from orbit. its the only way to be sure.
     
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  9. Gary A.

    Gary A. Been spending a lot of time on here!

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    If she requested nicely ... then what the hay ... I would take it down. If she's being a jerk ... most likely, I would not. If you do remove it. Do it nicely, (when they go low ... we go high), and remind her that, per the contract, you are not obligated to do so. (Insert contract text.)
     
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  10. Derrel

    Derrel Mr. Rain Cloud

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    Pick your battles carefully.

    ~ Chandler Bing, from Friends
     
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  11. orljustin

    orljustin No longer a newbie, moving up!

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    You know what's a good idea? Not trying to get money out of people AND use them as advertising fodder at the same time.
     
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  12. DGMPhotography

    DGMPhotography Been spending a lot of time on here!

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    I think many people who make a living out of this would disagree with you.

    In any event, I decided to take it down. It's not worth the trouble. And I'm not successful enough in photography yet to warrant making enemies at this time.

    Thanks for the thoughts and comments, everyone!
     
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