Client demanding RAW files. Now what?

DSPhotography · Jul 12, 2009

Lauren Fitzgerald said:
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?

I believe you would. RAW files are basically the digital equivalent of negatives.. and whoever owns the negatives owns the copyright.

You may wish to point out to him that without a photographers release, wal-mart probably won't allow him to print anything off a disc you sell him. I semi-pro friend of mine did self portraits (backdrop, lighting, etc.). Took the disc to wal-mart to get several sets printed for relatives and they refused her, saying that they couldn't legally allow her to have prints made from a professional shoot without a release. It may or may not help you, but it's at least something else you can throw back at him to reinforce your "no".

Nicholas James Photo · Jul 12, 2009

Tell him that you have put them in the trash. That you are a pro and not a charity. That he should be talking to his wife, not you. He is the one who wants to break a contract that you are happy to uphold.
Best of luck with this "client"

christm · Jul 12, 2009

The wife signed the agreement, therefore you are not forced to do anything that is not stated within the agreement. Do not sell him the RAW's.

Lauren Fitzgerald · Jul 12, 2009

Actually, his wife hired me but he signed the agreement, so he really has no excuses. Anyway, I was paranoid reading about the court stuff. I did a little research and this guy has sued everyone right down to Safeway. All of the cases were dismissed, but still...

CW Jones · Jul 12, 2009

so this guy has money to spend on suing someone? but not on prints? well you can obviously see his priorities are to try suing people to get rich quick... you figure after a few failed attempts and lots of money down the drain that he might get a clue.

Stay strong, I would never sell RAW files at any cost, let alone $100 for 50 of them? guy is a idiot! Let him take you to court, this one will get thrown out too or you will make out with some money in the deal.

Lauren Fitzgerald · Jul 12, 2009

Unless he has a friend who is a lawyer who does this for free. I suppose I could counter-sue him for harassment, considering I have said "no" to the raw files four times now and he keeps hounding me.

CW Jones · Jul 12, 2009

well I mean it doesn't matter if he has a friend that helps him out... because he is a terrible lawyer for continuously helping him and losing lol

You have a contract... thats enough right there to just get it thrown out haha

DSPhotography · Jul 12, 2009

I know it's really stressful and annoying to you, and I hate to admit this, but this whole scenario is kind of amusing. Not that it's happening to you, but because of how this guy is acting. If I were in your position, I would welcome the opportunity for him to want to take me to court. He has absolutely NO ground to stand on, and it gives you the perfect chance to counter-sue for harassment. Time away from work and emotional distress can get you a pretty penny. You may even get him in trouble with the law if you point out how sue-happy he is.

Lauren Fitzgerald · Jul 12, 2009

LOL! This is true, there is something comical about the whole thing.

Nonetheless, this has been pretty stressful, even though I can see right through him and what he's doing. My 12-year old son is having spinal fusion surgery on Wednesday. This guy is really not helping my anxiety at the moment.

Nicholas James Photo · Jul 12, 2009

Concentrate on getting your son well and forget about this idiot. Good luck for Wednesday, not that you need luck, everything will be fine.

NJMAN · Jul 12, 2009

Block his email address so he can't email you. If he calls, threaten to call the authorities for harassment and stalking. You are a reputable business and should not tolerate even the slightest bit of this nonsense. Show him you mean business.

Lauren Fitzgerald · Jul 12, 2009

Thank you.

I've actually been trying to figure out in Microsoft Outlook if there is a way to do an automatic reply to specific e-mail addresses, so I can just say I'm out of the office when he writes. I'm not sure how to do that or to block. I'll keep playing with it. I've never had to do this before. At least this one has given me a valuable learning experience.

Lauren Fitzgerald · Jul 12, 2009

Oh, and thank you, Nicholas. I appreciate that. I keep telling myself it will be fine. He has a bad curve...90 degrees, so it's going to be a big surgery.