 Janessa L. Taber-Webb |
Charging I have recently taken photographs of a famous local singer. Her parents loved the photo's and they were by far than amazing. I charged her mother my regular session fee, and later told me she needed 100 8X10's. I charge $20 per 8X10. She wasn't happy with this and ended up scanning her favorite 8X10 and made 100 prints for her daughters promo packet. I was infuriated, but did not act upon the copyright violation. So now...I have another band from Orange County inquiring about pictures. How do I avoid this problem in the future? How would any of you suggest I charge for bands or singers who need photo's for whatever reasons? Please help, I'm very confused at this point!
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Todd Bennett |
Janessa, Did you have a contract with this lady explaining her usage rights for these pictures and how much additional prints would be?
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
Well, the price per print for people who routinely do head shots isn't like it is when you're doing a few 8x10 portraits. There's a bulk rate. I've seen 200-400 dollars. Prices vary. Out sourcing to a printing business that can give you bulk rates and then making portraits and promo pictures separate things that you do may avoid it. Any further inquiries, ask if this is for promo use. If it is, never let them see anything but a website sample and if you find a printer, they get their pictures when they pay for them.
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Jesse C. Plummer |
You should have placed a copyright statement on the image, either big and in the middle or small and in the lower corner. Either way, any responsible lab would never have reprinted them without expressed written consent. The next thing you should do is file a small claims suit against her for damages. Why? Anyone that knows you took that image and knows she scanned and reprinted will know you are too weak to fight. You don't have to go crazy on her, you could settle for 50% or 75% and end the affair but either way, if you do not fight this, you essentially give up all further rights to the image in any form.
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John G. Clifford Jr |
I agree... I'd file a claim against her in small claims court IMMEDIATELY. The woman knew that she couldn't legally copy the images, but she did it anyway. She stole from you. How do you know she isn't continuing to pirate your images? I'd write her a letter asking for payment on the images that she has used, and demanding that she immediately stop using your images. In that letter, I'd also state that unless you get your $20 per image from her you will take her to court and sue her for the $20 per image plus damages plus court costs. I don't understand people like that woman. What do you think she'd do if she found someone selling pirated copies of her daughter's CD?
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Marianne Fortin |
Just a few points: 1. Even if you didn't register the copyright you should have enough evidence to show the photo is yours because of the session fees, etc. 2. She hasn't just copied the photo for personal use, it is being used for commercial gain. 3. If a lab printed the photos then they might also be liable.
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Todd Bennett |
Kind of interesting! This thread is almost a month old and nothing since the original post from her. Things that make you go hmmmmmmm!
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Mark Feldstein |
Hey John, that's not all together such a bad idea about suing the infringing hooligan, but for a few points, including the notice requirement (which is important but not mandatory as there are different types of infringement actions available): First, the United States District Court has exclusive jurisdiction over copyright matters, including infringement, as specified in Titles 28 and 17 of the U.S. Code. So, unfortunately (or not) small claims has no jurisdiction to hear copyright infringement cases. Yes indeedy, to get a ticket to sue in federal court the work must either be timely registered or in the process of being registered with the copyright office. Third, as a prerequisite to suit (which is a pretty straightforward process (and done largely on forms available from the Clerk of the district court) is that Jan would be required to initially send a "cease and desist" letter telling the person she's infringed on her copyrighted work. Take it light gang.
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