Client broke contract, stole images now what?

[jess28]

Yep, looks like I am learnign that the hard way. I online upload high res on Backprint so they can order without me having to upload anything. Apparently Backprint has a glitch that when you add an image to your cart it removes the watermark so you can choose a custom crop for the one you order. From there it can be clicked and saved.

On the plus side at least she told me how she did it so I know from now on. I was wondering how she removed watermark from across the entire image.

I also think in person proofing is a great idea, and will be going with that.

Form now on I will make sure only low res goes online and will just go back and upload hig resolution for the ones that are ordered. Lesson learned.

 

[UUilliam]

Forgot to answer one, I have been paid a 50% deposit.

It is unfortunate you call it a deposit and not a retainer. As a general rule a deposit has to be refunded but a retainer doesn't.

And you get the other 50% before the wedding, right? When is the wedding?

I take it you expect to sell prints after the wedding?

Since she took the purloined images down I would say the contract is still in force, at least from you side.

Now, is when your skill at acting will come in handy.

From my understanding a deposit is money that Is put upfront to secure your place, which is then given back to you once you pay the full amount and the event is finished
however if there is any complications on the clients part (E.g. The breach) or if they at the last minute tell you they dont want you anymore
This then causes you to loose a potential client you could have had instead of them therefore you keep the deposit as it has damaged your income for that week
and you can start claiming that it is to cover admin fees for you cancelling and other stuff like that.

 

[musicaleCA]

Bah. I do hope you cited federal law in your email that KmH noted, so they understand the severity of the offence (hopefully, they'll realize that you're being very, very kind to them by not suing them into oblivion; gotta love the US system of law for such crazy lawsuits).

All of my licenses and contracts contain a clause that makes it null and void if the other party (not me) breaches any of the terms. It forces them to sign another agreement, which I'm free to change in light of their abuse. Not that I've had to use it, but it's there just in case (and hopefully when people read it they think "Better be on my best behaviour").

 

[KmH]

I know several wedding photographers that make their clients initial every single clause in their contract.

I'm willing to bet this marriage doesn't last 5 years.

Please post a follow up in a couple of weeks.

 

[benhasajeep]

I would still cover the wedding.

But before you post the images or give them a .jpg disk with watermarks. Make them sign another document that reffers to the original contract that you own the copyright, and that the pictures are copyrighted and include the copyright law. And have them sign that they understand the law. And they are not to print their own without the watermark or payment for the agreed upon terms from the original contract.

 

[KmH]

That's a good idea. Call it an addendum to the original contarct.

 

[jess28]

Thanks Ben, I will definitely do that.

I sent the email and have not heard back yet. They did initial (and I read and explained in even more simple terms) each clause. I made sure to specifically cover that copyright infringement included copying the pictures for personal use whether prints or online. What was so frustrating is that in the conversation she fully acknowledged knowing it was breaking our contract, even called it "stealing the pics" and wrong, however she offered no apology or reasoning, only said she would take them down.

I added a password on their gallery as well as my gallery of art prints for sale. Kind of counterproductive for sales, but I can't get in touch with Backprint to address the security flaw until tomorrow.
I will have to add the clause about the contract being null and void if they break any part.

I'll be sure to update.

 

[KmH]

Contracts always get longer, never shorter.

Do you have Tad Crawfords book Business and Legal Forms for Photographers?

 

[jess28]

It is on the way, I've heard a lot of good things about it on here.

 

[PhilGarber]

The wedding is this Saturday. The engagement session was free with the booked wedding. They ordered one print in poster size.

Would this email be appropriate to send

Dear Client,
Thank you for taking the portraits down, and for your honesty on the phone with me. I hope you can understand my frustration with the terms of our contract being breached. The third section of the contract you and your fiancee signed states the images are copyright protected and not to be reporduced in any manner without written permission. The website the portraits were taken from also clearly states several times they are copyright protected and not to be reproduced.

add #1 from below if you desire.

Digital files are a source of income for me. At $50 per digital file the 37 images you copied would be work product of $1850.

An amicable resolution here seems to be that I will be unable to post the portraits from your wedding online. We can set up a time for a face to face meeting for you to review the images and place orders. This will make sure that we are both covered. The only other solution I would see would be payment for the high resolution digital files you currently have saved on your computer, at which point I would be able to post future portraits for online review, with the understanding that they are not to be copied without written permission.
Please let me know what direction you would like to go with this.

#1. Federal Copyright law (yes, copyright infringement is a Federal offense) allows for damage awards of up to $150,000 per image for willful copyright infringement, $5.5 million for 37 images.

So.. If he wants to try and plead his case he be set for life?

 

[musicaleCA]

The wedding is this Saturday. The engagement session was free with the booked wedding. They ordered one print in poster size.

Would this email be appropriate to send

Dear Client,
Thank you for taking the portraits down, and for your honesty on the phone with me. I hope you can understand my frustration with the terms of our contract being breached. The third section of the contract you and your fiancee signed states the images are copyright protected and not to be reporduced in any manner without written permission. The website the portraits were taken from also clearly states several times they are copyright protected and not to be reproduced.

add #1 from below if you desire.

Digital files are a source of income for me. At $50 per digital file the 37 images you copied would be work product of $1850.

An amicable resolution here seems to be that I will be unable to post the portraits from your wedding online. We can set up a time for a face to face meeting for you to review the images and place orders. This will make sure that we are both covered. The only other solution I would see would be payment for the high resolution digital files you currently have saved on your computer, at which point I would be able to post future portraits for online review, with the understanding that they are not to be copied without written permission.
Please let me know what direction you would like to go with this.

#1. Federal Copyright law (yes, copyright infringement is a Federal offense) allows for damage awards of up to $150,000 per image for willful copyright infringement, $5.5 million for 37 images.

So.. If he wants to try and plead his case he be set for life?

No. Even if you win a case like that, there's no real hope that they'll be able to pay. They'd probably declare bankruptcy, and I think that, depending on the local laws, that would likely mean they wouldn't have to pay (after a certain amount of their assets were liquidated and used to help pay-off the debt). To say nothing of the damage to one's reputation to be the photographer that bankrupted newly weds.

 

[raider]

how professional is backprint?? you should have a lawyer on hand -- how long have you been in business? the reason for asking is it would be bad if you didn't have all your legalities covered such as all the proper business filings with state and federal agencies and now you're harping on someone breaking the law - just going off some of the other posts, i.e. no insurance, no lawyer, loose ended contract... just saying, i know there's lots of photographers on here who start prematurely - don't know all the facts.

 

[jess28]

Raider- Thanks for the concern. I do have proper business filings in place. Not having the insurance is a mistake on my part that I am working toward correcting. I have no plans to pursue wedding photography as primary business, I enjoy working with children, and the more laid back atmosphere of portrait photography much more than adults and the high stress level of weddings.

I don't think I am "harping" on anything. I have no intentions of suing my client or anything like that. I was, reasonably, angry about my images being used without my permission after clearly expressing in writing that was unacceptable.

 

[raider]

yes, weddings are a beast - good luck to you

 

[Jon_Are]

My motto (seen online somewhere): No brides, no babies, nothing that moves.

Best of luck to you, Jess.

Jon