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DPChallenge Forums >> Business of Photography >> Should I Give Away or Sell a Photo?
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04/29/2008 06:58:04 PM · #1
Some of you may remember a few weeks ago where my photos of a police Taser shooting were published in various southern California newspapers (Los Angeles Times, Orange County Register).

Original thread here.

Well, this morning I get an email from one of the officers involved. He says,

"I am one of the involved Officers from this event. Is there a way to get a digital copy of the files w/ no water mark suitable for larger size photos?"

Should I give him what he wants, or do I sell it/them to him? Normally, I sell to the locals here in town, so it's not like I would be doing anything different if I asked for the price on my standard price list.

The only reason I wouldn't sell them to him is that maybe, just maybe, one day I may need a police favor. Maybe I'll get pulled-over by him or by one of his buddies and if they remember me, I could be let go with just a warning.

Your thoughts, opinions, suggestions?


04/29/2008 07:03:09 PM · #2
I think eventually I'd give it to him, but since it's just possible it could be evidence in a suit or investigation, maybe you shouldn't give it to him yet.

I would call the City Attorney's office and find out if there's any reason you shouldn't give him the photo/file.

As with anyone, a digital file should be accompanied by a signed license agreement specifying any limitations on its use. For example, I'm not sure I'd want him and his buddies wearing a picture of a writhing perp on their T-shirts ... :-(
04/29/2008 07:11:34 PM · #3
I'd find out if he wants it for court (give it to him in the interest of justice) or for personal use (sell it to him or refer him to the newspaper for a reprint).
04/29/2008 07:12:39 PM · #4
IMO, it's evidence, and you shouldn't hold it for ransom. That said, as GeneralE pointed out, it may or may not be proper to give it directly to the officer involved. I'd follow the GeneralE's advice and ask the attorney's office. Give it freely if it's needed.
04/29/2008 07:55:10 PM · #5
Agree abut talking to DA / City Attorney for advice.

If it's for court, the courts will pay fair market value for images, they always have. Sell it, don't rake them over the coals, but do SELL it, not give it away.
04/29/2008 08:16:21 PM · #6
If he is interested in them, it probably is to support the fact that he was doing his job properly. They have as hard a job as I can image. I would be appreciative and supportive and provide the photo(s) he needs. That said, I would ensure that he understands you retain copyrights.
04/29/2008 08:23:50 PM · #7
Originally posted by Nobody:

If he is interested in them, it probably is to support the fact that he was doing his job properly. ...

I can understand that, but why would it matter if there's a watermark on it or not for that usage? That part makes me curious.
04/29/2008 08:27:40 PM · #8
Since you are after opinions and most have the give it to him stance: If they want it (and other out-takes) for a court then have him get a court order issued (which I am not sure about in the US but might come with a reasonable payment for producing a larger image at cost or some flat rate).... otherwise I would not touch it with a 20foot pole. Do you really want to pick sides in something like that?
04/29/2008 09:07:37 PM · #9
Give it to him with an understanding/contract saying for personal use only or limit 10 printing/reproductions.

If he makes any money on it, you get a cut.
04/29/2008 10:51:30 PM · #10
I wanted to add....

If it's for the City website, SELL it. If it's for his own personal use put a signature on it small in the corner and give it if you wish. City or official use: sell, personal: your choice.

I have taken pix of cops working at the State Fair... Mounted cops. They wanted personal pix something for thier scrap books. I even got a couple of pix of them with a perp. (backside only) I gave them the pix.

Originally posted by Ristyz:

Agree abut talking to DA / City Attorney for advice.

If it's for court, the courts will pay fair market value for images, they always have. Sell it, don't rake them over the coals, but do SELL it, not give it away.
04/29/2008 11:01:21 PM · #11
Does it really make a huge difference who or what it is for? Your a photographer, with an image that someone else wants, why not sell it? I certainly wouldn't count on help down the road just because you give someone a picture. In my opinion and experience, people don't tend to really value pictures unless they pay a decent amount for them, or at least have in the past.
04/29/2008 11:05:03 PM · #12
IMHO you shouldnt give it to him wether its for personal or official use. If he wants/needs it he will pay for it. In my experience the police dept/insurance company/attorneys are the ones who come asking for it if its needed for official use, and they will always pay fair market value. If he wants it for personal use and doesnt want to pay for it, then let him know he can get a copy of the newspaper and cut it out.

Matt
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