BetterPhoto Q&A
Category: Selling Your Photos

Photography Question 

Noel Baebler
 

Selling Prints: Business and/or Ethics


BetterPhotoists,
I'm not sure I have a business concern or an ethical concern. I've started selling my photos in several local coffee shops. When a particular image sells, is it acceptable to replace it with the same image in order to sell it again? Also, is it acceptable to have the same images for sale in different shops in the same city / town / burg?
Thanks,
Noel


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April 22, 2007

 

John Rhodes
  Noel,
It is certainly an acceptable practice to replace a sold image with the same image. Also, it is OK to offer the same images at different locations.
However, you might consider tailoring the selection of images in a particular coffee shop to the theme, if any, in that shop. Also, if you offer limited editions, it is very important to track those editions with a spreadsheet or similar tracking device. I present certain images in the larger sizes as limited editions (I limit these to 25 of each image). If you offer the same image at several locations, you likely may sell 3 of 25, for instance, before you sell 1 of 25 or 2 of 25. Things can get complicated. I have images in a variety of locations, but try to limit to one place per zip code.
John


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April 22, 2007

 

Mark Feldstein
  This isn't really an ethical issue unless you've promised the shop owners original one-of-a-kind works that won't be displayed or sold anywhere else. If you did that, I'd kind of wonder why.
There's certainly nothing wrong with replacing one shot with the same one. For example, where I live in Carmel, California, Ansel Adams reprint work sells in a multitude of gift shops and prints in at least one gallery. I'm sure when one poster sells, they order another of the same.
The larger problem is that if it's a really small town and your work appears in multiple places, people will recognize it and say, "oh, I've seen that one before" and sales will likely spiral downward, accordingly. To market successfully, you have to replenish your work constantly with new fresh work unless you've got one or two big sellers. Replenish the others and keep pushing those in different places.
Take it light.
Mark


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April 22, 2007

 

Julie Wall
  Ok, please don't think I'm trying to hijack a thread, but I feel like this falls under the original question.

My friend and I just recently sold our original prints at a benefit art auction. We did NOT sell the rights to the photos, and nowhere was it even implied that the prints were being sold as one of a kind.

Prior to the auction, my friend gave me a print of a shot she also sold at the auction. The buyer of the print stated that he thought he was buying an original, which he did, but I explained to him that he did not buy all rights to the image. He left my office appearing more than a little miffed. I don't feel that I was wrong, and after reading the above reply, I feel more confident in my opinion.

In the future is there some kind of disclaimer we need to use to let people know they are getting the print only and not the rights to said print, or should that have just gone without saying?

Thanks so much!

Julie


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April 23, 2007

 

Mark Feldstein
  It sounds to me like the buyer has no basis to be miffed about anything nor does it seem you misrepresented any thing. What he needs, however, is an education in art-buying and for imagining he was buying all rights to a particular photograph in a single deal without more in terms of paperwork and a contract, I think he deserves a smack.

You could attach a sticker to the back of each print or just give them a receipt that indicates the purchase price includes only the cost of the duplicate print and no copyright transfer is made with the sale unless otherwise specifically provided to the buyer in writing and signed by the photographer. Work copyright date and name, etc. AND MAKE SURE TO REGISTER THE WORK WITH THE COPYRIGHT OFFICE IN A TIMELY MANNER!!!!
Take it light Julie ;>)
Mark


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April 23, 2007

 

Noel Baebler
  Thanks for all the good information! Especially like the idea of tailoring images.

Mark: I love the George Lundeen statue, Valentine" outside the library. The Monterey Peninsula is a wonderful locale. I envy you. :0)


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April 24, 2007

 
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