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06/30/2005 01:52:35 PM · #1
I was recently asked by a coworker to do a portrait session with his baby. I went to their house with my whole light setup and photographed the baby. I showed the parents the final pictures and they loved them. I told them to email me their order so I could get them printed and they said OK. I went out of town for about 4 days and just today ran into him. He told me that he'd pay the sitting fee but that he thought I was charging too much for the prints and that he can get cheaper prints from Ofoto.....he asked if he could have the pictures to get them printed himself. I am obviously not happy with this since I'm losing business. Is he out of line or am I? I don't think it's fair that I do all that work and then not get paid. I really don't think that he should ask that of me. How can I handle this? I don't want my name associated with crappy prints and I don't want to be taken advantage of. What do you guys think?

June

Message edited by author 2005-06-30 13:53:19.
06/30/2005 01:55:33 PM · #2
My $.02 and it may not be a popular opinion, with digital I'd just charge them a per hour fee and give them a CD with the images. If they want me to edit the images I'd add a charge for that. Let them do the printing.
06/30/2005 01:56:50 PM · #3
I wouldn't give them to them. Why should you? You took the time.
06/30/2005 01:58:43 PM · #4
I feel your co-worker is way out of line. I do not believe you should give him the photos to be printed elsewhere. as you said It is your name and reputation on the line, and they may just go to a retail store machine and have them printed.??? If they were to go to a studio where they were not already aqauinted with the photographer would he have done the same thing??? Keep your pictures and collect the sitting fee....!!!!
06/30/2005 02:01:08 PM · #5
How much is the profit on the photos as a percentage of the whole profit? If it's a relatively small part I would offer the prints for your colleague to print and chalk it up as experience.
06/30/2005 02:03:34 PM · #6
I would tell the guy to pay you your sitting fee, and then tell him to take his own pictures if he wants to print them himself at Ofoto.

If you explained your pricing up-front, there is no excuse. If you didn't, now you know for next time.
06/30/2005 02:03:39 PM · #7
You had a verbal contract, you agreed to do the work and provide the prints. You based your pricing on the assumption that you would be providing the prints, and if you were only providing a CD, the sitting fee would have needed to be much higher, to compensate for loss of the print business. Your co-worker is out of line. Explain, gently, the financial realities of your business, and don't give in to the pressure to hand over the originals, unless they are willing to pay a much higher one-time fee
06/30/2005 02:05:11 PM · #8
Looking at your profile, it would appear that photography is a hobby for you, rather than a profession (I'm in the same boat). Your coworker may not have expected professional quality, nor professional fees.

If a friendly, ongoing relationship with this person is important, I would be tempted to provide them the pictures and move on. Next time, however, I would be careful to spell out the fee details up front.
06/30/2005 02:25:37 PM · #9
Originally posted by northrop3:

If a friendly, ongoing relationship with this person is important, I would be tempted to provide them the pictures and move on. Next time, however, I would be careful to spell out the fee details up front.


I agree with northrop... if the relationship is important to you then I'd let him off with a talking to and give him him the pictures, and remember it as a learning experience for myself. If the relationship is not important to you... tell him to bugger off and to find another photographer.
06/30/2005 02:27:47 PM · #10
I think he is out of line.,
Remember you own the copyright to these images - and if he wants the copyright, he has to pay for it. By asking for the photos to print himself, he is asking for the copyright.
06/30/2005 02:31:33 PM · #11
YOU DO NOT GIVE HIM ANY PHOTOS OR NEGATIVES FOR FREE.

I can't yell it loud enough. If he didn't ask to see your price list before hand (you should offer regardless, tho) that's his deal. Tell him you apologize for the misunderstanding but if you gave him a file of pictures then you'd have to charge him huge fees since those ARE the negatives!!!!!!!!!!!!!!!!

If anything, to smooth it over, tell him you're sorry about not discussing print prices earlier and to make amends you'd be willing to offer 10% off. Or don't even do that. Eitehr way, definetly don't give him any files.
06/30/2005 02:32:53 PM · #12
Originally posted by kirbic:

and if you were only providing a CD, the sitting fee would have needed to be much higher, to compensate for loss of the print business.


Exactly.
06/30/2005 02:34:55 PM · #13
He is out of line and is trying to seal your images. We all use a reasonable sitting fee and hope to make our profit on the print sale. You could however really raise your sitting fee to him by 10 and then let him have the images. At least that way you could make a profit. Doing work for firends is a tricky business. They most ALWAYS try to take advantage.
06/30/2005 02:50:17 PM · #14
If he had gone to any studio he would have to pay a sitting fee then a price for each print, your work for him is no different. Since there was a sitting fee, it appears you represented yourself as a professional and he accepted you as that. You should explain to him that just cause they are digital does not mean he has the right to them. He can call studios and get the same answer.

If he insist and you feel obligated to give in I would give them ONLY the pictures they originally picked out and maybe set a print limit (maybe even add your copyright to the bottom). If the printing company has any morals they will see they are professional images and ask for a copyright release from you, then maybe you can inforce the limit.

Good luck with this, I used to fight everyday with people who thought that since they bought something they owned all copyright to it, much fun.
06/30/2005 03:05:50 PM · #15
Originally posted by chiqui74:

I was recently asked by a coworker to do a portrait session with his baby. I went to their house with my whole light setup and photographed the baby. I showed the parents the final pictures and they loved them. I told them to email me their order so I could get them printed and they said OK. I went out of town for about 4 days and just today ran into him. He told me that he'd pay the sitting fee but that he thought I was charging too much for the prints and that he can get cheaper prints from Ofoto.....he asked if he could have the pictures to get them printed himself. I am obviously not happy with this since I'm losing business. Is he out of line or am I? I don't think it's fair that I do all that work and then not get paid. I really don't think that he should ask that of me. How can I handle this? I don't want my name associated with crappy prints and I don't want to be taken advantage of. What do you guys think?

June


Grrrr I really hate people like that!
I would not give him anything! I would try to explain that the
sitting fee covers your cost only. And does not compensate you for your
time. If he still insists. Advise him to look at some of the studios in your area and compare prices. And make sure he isn't trying to
compare you to Wallymart! And if he is I suggust you tell him to take
his kid to Walmart!
06/30/2005 03:07:18 PM · #16
Just put them on a cd, and then charge him a hundred bucks or so for the disk. Problem solved. ;-)
06/30/2005 03:14:50 PM · #17
Originally posted by EddyG:

I would tell the guy to pay you your sitting fee, and then tell him to take his own pictures if he wants to print them himself at Ofoto.

If you explained your pricing up-front, there is no excuse. If you didn't, now you know for next time.


I totally agree!!!

I once had a guy come up to me when I was shooting some animals at the zoo, and he tried to get to photograph his wedding for 50 bucks plus film. Now that was hoot!
06/30/2005 03:16:56 PM · #18
Legally you are not required to give him the prints, negatives or files. The sitting fee that you charge is for your time. He may buy the exclusive rights to your negatives or digital files but you should charge him a pretty penny for EACH negative or file that he wants exclusive rights to. I know I am sounding like a hardass, but photographers are getting ripped-off every day because of situations just like this. BOTTOM LINE: YOU own the files/negatives and YOU are the one who controls if and when or WHERE they are printed. If your co-worker does not like your pricing scheme...TOO BAD. He can pay another sitting fee at another photogrpaher. Hope this helps!

Message edited by author 2005-06-30 15:22:33.
06/30/2005 03:27:51 PM · #19
It might be worth remembering this is not a stranger June is dealing with, it's a coworker.
06/30/2005 03:28:31 PM · #20
Originally posted by Telehubbie:

Just put them on a cd, and then charge him a hundred bucks or so for the disk. Problem solved. ;-)


Only $100, you should charge $500 for a CD.
07/01/2005 05:16:59 AM · #21
Thanks for the advice guys. While I would like to remain friendly with this person, I don't want to be taken advantage of. I think I will explain all this to him and give him the option of the higher flat fee or buy the prints from me. I hope everything works out.

June
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