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DPChallenge Forums >> Tips, Tricks, and Q&A >> should I now charge after agreeing to do it free..
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02/27/2005 12:56:45 PM · #1
Hi all

I was hired to do a fashion show for free - and now realizing I've done a lot of work was thinking that maybe I should not have agreed to do it free, I was hired by one designer and photographed the whole show including 4 other designers - this was this past Friday I still have the photos, my question is, would it be shady to now make up an agreement basically stating if the others want a copy they should contact me and pay for it -
if anyone has any experience in a similar situation I would love to hear from you -

Thank you very much for your time and help,

lelani.net
02/27/2005 01:02:57 PM · #2
Certainly from an ethical standpoint, since you did agree to shoot for the one designer for free, you should follow through. For the other designers, there was no agreement, is that correct? If so, for them you can come to whatever agreement suits. Show them the proofs, and if they like them, I'm sure they will pay a reasonable fee.

02/27/2005 01:05:01 PM · #3
If you already made the agreement and you decide to change your terms afterwards, you can be sued for breech of contract, even if it was only verbal.

Now if there are others wanting copies that you did not have an agreement with, there shouldn't be a problem with charging.

If nothing else, chalk it up as a learning experience and determine how much work was involved so you know what to charge the next time.

Edit: kirbic types faster than me :)

Message edited by author 2005-02-27 13:05:47.
02/27/2005 01:05:06 PM · #4
If you agreed to do the photography for free that formed a verbal contract and you'd be reneging on that contract if you tried to charge the original designer.

However, if you didn't make any arrangement with the other designers then it seems perfectly acceptable to me to negotiate individual deals with each one of them that include payment for your work.

I'm curious about the agreement you made with the first designer - did you negotiate rights to use the images yourself commercially in exchange for photographing and giving him/ her your work for free? If so, make sure you get that in writing before handing over the work as it would be a shame if the designer later claimed he/ she had not given you permission to use/ sell the images yourself.
02/27/2005 01:05:34 PM · #5
Wow! I took so long typing that two people posted just while I was typing!
02/27/2005 01:06:11 PM · #6
For the people you told you would do it free for you shoud do it for free. Write it off for experience. For anyone whom you had no such agreement use your own judgement.

This may all lead to more work later, but may also put you in the works for nothing category in these peoples minds.
02/27/2005 05:01:14 PM · #7
I only have a verbal agreement with one designer which simply was I'll give you a copy of the photos on CD - I won't go back on my word with that but as far as the other designer nothing was discussed with or about them just that I'd photograph the show and this was with that one disigner

Kavey>> " I'm curious about the agreement you made with the first designer - did you negotiate rights to use the images yourself commercially in exchange for photographing and giving him/her your work for free? If so, make sure you get that in writing before handing over the work as it would be a shame if the designer later claimed he/she had not given you permission to use/sell the images yourself.
text

Kavey, I did not negotiate rights to use the images myself as I didn't think I had to, I thought the photographer owns the rights what is photographed

lelani.net
02/27/2005 05:04:34 PM · #8
Because the shoot was for the designer of his or her copyrighted designs it might be better to clarify in this case.

For example, I am a freelancer (in IT Training) but some courses I develop belong to the client and some to me... depends on exact agreement I made with each.
02/27/2005 05:09:30 PM · #9
Originally posted by Kavey:

Because the shoot was for the designer of his or her copyrighted designs it might be better to clarify in this case.

For example, I am a freelancer (in IT Training) but some courses I develop belong to the client and some to me... depends on exact agreement I made with each.


ok thanks Kavey,

would I have to make up my own agreement or is there a standard agreement that is used and only the blanks filled in?
02/27/2005 05:17:05 PM · #10
Originally posted by lelani:

Originally posted by Kavey:

Because the shoot was for the designer of his or her copyrighted designs it might be better to clarify in this case.

For example, I am a freelancer (in IT Training) but some courses I develop belong to the client and some to me... depends on exact agreement I made with each.


ok thanks Kavey,

would I have to make up my own agreement or is there a standard agreement that is used and only the blanks filled in?


You might check this forms out.

//www.reedservices.com/standard.htm
02/27/2005 07:13:37 PM · #11
Originally posted by cbeller:

Originally posted by lelani:

Originally posted by Kavey:

Because the shoot was for the designer of his or her copyrighted designs it might be better to clarify in this case.

For example, I am a freelancer (in IT Training) but some courses I develop belong to the client and some to me... depends on exact agreement I made with each.


ok thanks Kavey,

would I have to make up my own agreement or is there a standard agreement that is used and only the blanks filled in?


You might check this forms out.

//www.reedservices.com/standard.htm


Thank you >>>>cbeller

anyone else have more advice,
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