Ugh... Instagram Filters

[Derrel]

When Instagram started out it only allowed users to post square aspect ratio photos. Of course that has been changed, and the vast majority of the photos that I see these days are shown as verticals. Vertical video, once largely regarded as anathema has come to be the standard on many platforms and for many content creators. Instagram has gone from a photo display platform to more of a real time social media and an advertising platform.

If a person really butchers a photo with an absolutely horrible filter job, that is one thing. But if a person just does a little bit of color toning,or converts a color image to black-and-white, and your copyright is on the front of the photo, is that such a bad thing if say 1000 people see it?

 

[DGMPhotography]

When Instagram started out it only allowed users to post square aspect ratio photos. Of course that has been changed, and the vast majority of the photos that I see these days are shown as verticals. Vertical video, once largely regarded as anathema has come to be the standard on many platforms and for many content creators. Instagram has gone from a photo display platform to more of a real time social media and an advertising platform.

If a person really butchers a photo with an absolutely horrible filter job, that is one thing. But if a person just does a little bit of color toning,or converts a color image to black-and-white, and your copyright is on the front of the photo, is that such a bad thing if say 1000 people see it?

This is the photo in question - thoughts?

Original:


Instagrammed:

 

[Derrel]

Not nearly as bad as I had envisioned. In some ways, one being the crop in particular, the Instagram version is better than the original in my opinion. As for the Low fidelity look and the washed out highlights, it does look very Instagram-ish . But, as I said, it is not as bad as I had envisioned it to be.

 

[thedingo0099]

More fool you.
Contracts work 2 ways.
Seems like you’ve set yourself a legal precedent by ignoring its terms; ie, acting on the other party when they break their terms of agreement.
You might find it a bit late to start now.
Count your losses and learn your lesson.
If you want others to be serious about contractual arrangements, be serious yourself.
Don’t part with your files.

I’m wondering if the client is someone who has contracted you to take pictures for them
Then I wonder if there is a contract between you and the client?
If the contract doesn’t stipulate, the client can use your photos for whatever.
They become the possession of the client.
You took the photos on their behalf.

Ownership is legally complicated.
That’s why we have contracts.
If you want your images to remain your possession you’ll need to come to a different arrangement.

I always have a contract (if you read the post you would know that). My contract stipulates I own the copyright, and that images should not be edited. I've just typically not enforced it, but feel I should this time.

Thanks for the input, everyone!

 

[DGMPhotography]

More fool you.
Contracts work 2 ways.
Seems like you’ve set yourself a legal precedent by ignoring its terms; ie, acting on the other party when they break their terms of agreement.
You might find it a bit late to start now.
Count your losses and learn your lesson.
If you want others to be serious about contractual arrangements, be serious yourself.
Don’t part with your files.

I’m wondering if the client is someone who has contracted you to take pictures for them
Then I wonder if there is a contract between you and the client?
If the contract doesn’t stipulate, the client can use your photos for whatever.
They become the possession of the client.
You took the photos on their behalf.

Ownership is legally complicated.
That’s why we have contracts.
If you want your images to remain your possession you’ll need to come to a different arrangement.

I always have a contract (if you read the post you would know that). My contract stipulates I own the copyright, and that images should not be edited. I've just typically not enforced it, but feel I should this time.

Thanks for the input, everyone!

It would be nice if that was the case, but unfortunately in the real world, sticking to your guns like that more often loses you business than gaining. I think it truly depends on the specific client-photographer relationship. In this case, I feel the client would continue to work with me if I do call him out on it, because he values my opinion and is typically very open to feedback.

 

[TreeofLifeStairs]

I noticed he cropped out your watermark. Now, good or bad, no one knows the picture’s source.

 

[JBPhotog]

Contracts should be written specific to the actual use by the client. Generic contracts are just too loose to be of actual use and are strife for contentious behaviour by the client.

Most if not all concerns about copyright or moral right infringement can be handled during the pre-shoot discussion. Find out what the clients intended use will be and include that stipulation in the "license of use" section of your contract. If they say Instagram, you should be aware that typically images are square or vertical, not often are they horizontal format. Any addition of your watermark should also be discussed in your pre-shoot discussions, keeping in mind that most commercial shoots don't provide the inclusion of a watermark.

 

[Jeff G]

If he is a valued customer, I would not do it via mail, or email, do it face to face, or via phone if in person is not an option. It is easy to read the wrong "tone" in a written message and it sounds like the casual approach in person might be the most effective, possibly waiting until your next shoot to bring it up.

 

[Braineack]

The edit cleared up his skin, and brought out his eyes, and lightened the feel overall. Yours is very dark and contrast/structured/harsh and red tinted.

You should learn from what he did. I ask all my clients what type of photos they like before a shoot, and to offer a pinterest board if possible. If they send me all color toned images, I know that's probably how I need to edit the set. I have a home chef who wants some promo portraits for a new blog launching in a few months, and she wants very bright, clean, studio-esque f/16 type of shots.