Lady asked me to remove her photo from my site?

[DGMPhotography]

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?

 

[pixmedic]

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.

 

[Overread]

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.

 

[smoke665]

Looks like @Overread pretty much covered it.

 

[480sparky]

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.

 

[DGMPhotography]

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.

 

[table1349]

"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

 

[pixmedic]

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

 

[Gary A.]

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.)

 

[Derrel]

Pick your battles carefully.

~ Chandler Bing, from Friends

 

[orljustin]

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.

 

[DGMPhotography]

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.

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!

 

[Scoody]

I am with pixmedic on this one. My contracts always state that we can use OUR photos for promotional purposes. If they don't agree, there is a premium to be paid for that. I had also come across the odd client that wants every single photo from a shoot. Even the out takes. I never agree to this one for no amount of money. When I hand over a DVD or prints, it has my best work from that particular shoot. I do not leave anything that is not up to my standards out there.

 

[pixmedic]

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.

Or people could just read the contract they sign.
Or pay the extra fee for the copyright.

You just don't get it.
This is how photography works. It's how it's always worked.
that "client" seems like the kind of person that wants the premium service without having to pay for it.
The person that asks for all the extras after they have already paid for just the basic stuff, and actually expects it.

People like that should just get a Craigslist or FB photographer to do the work that will give them unlimited photos with copyrights for $40 and stop bothering real photographers.

Sent from my SM-G930P using Tapatalk

 

[tirediron]

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.

I've heard this comment before and it puzzles me... First and foremost, as a visual artist, how am I supposed to demonstrate my craft to potential clients without showing them examples? Would you commission an artist, or a carpenter, or a mechanic without at least some evidence of his ability? It might come down to a decision between photographer 'X' and photographer 'Y'. They're both excellent, very skilled, and able to do the job, but have VERY different styles. How would I, as a client, know which one I prefer?

Also, as do many (most), including the OP, I set my base rate contingent on the client's agreement to use their images in my portfolio. If the client wants to pay 50% more, I'm happy to remove them, but if they choose the lower rate based on that condition, why should they have their cake and eat it to?

Now... that said: This is a tricky one, because one word of mouth is HUGE, and people aren't going to hear your side of the issue when she complains about you. Do you think this women can do you significant harm? If not, ignore her. If so, then contact her, ask her why she'd like her image removed, and explain that she agreed to this based on the price she paid. My initial reaction would, I think, be to agree if she's willing to pay a bit more. It doesn't have to be a lot, even 10%; just enough to get the message across.