Photographers

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speedjunkie
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Photographers

Postby speedjunkie » Mon Oct 29, 2012 9:14

I might touch on some nerves with this, but it's been stewing on my mind for a bit.

If some of you aren't aware, a friend took some pics of my car. He's not a professional but he takes really good pics and has some nice camera gear from what I can tell. His name is Graham. He called another friend of his named Andrew, and he took pics of the car too. I didn't know at first that Andrew is a professional and has a business on the side. Andrew just came out because he wanted to shoot the car too. No biggie, whatever.

So they both shoot the car, and we all agree to meet up a couple days later to do another shoot. Andrew gives me his card so I get the impression now that he's a professional...not sure what tipped me off LOL. A couple days later I met up with Graham first and we did some still shots and rolling shots. Right after that I met up with Andrew and we did some shots in a cemetery. Graham had insinuated before that Andrew might charge a little too much for my taste, but I figured if it was too much I just wouldn't buy any. I asked Andrew how much it would be for pics and he said to let him know what I wanted and we'd work out a price.

Andrew posted a few of the pics on my Facebook page and soon after they were floating around the internet. I posted the pics he and Graham gave me on the FD pics thread on 7club, and someone on there told me I should submit the pics to be put in the FD calendar that someone puts together every year. I put the pics in the thread and then someone asked me if I'd asked Andrew for permission. First of all, I didn't mention in that thread what their names were, I just said others took the pics. And second, if he saw the names in another thread, why wouldn't he ask if I asked for Graham's permission? That led me to believe he and Andrew are probably at least acquaintances.

Anyway, I asked Andrew for permission and he said the pics he gave me were just for me and him. I'm not sure if he meant that they weren't even supposed to get out on the internet or what, but he put them on my page where all my friends could see, so I'm not sure how that could have been controlled at that point. As far as I'm concerned they're free game at that point. He said if I wanted to put one in a calendar that I'd have to buy it, and he said normally to get full rights I'd have to pay for the whole shoot. I asked him how much, and he said a full shoot was 5 pics (in 1920 hi-res) and $1000 :o. Yeah. He then said that because it was a unique situation because I didn't ask him to shoot and he did it because he wanted to, and because I didn't know how all this worked beforehand, that he'd give me any pics I wanted, also 1920 hi-res, for $100 each. Still :o.

Now, what pisses me off about all this is that he's using my pics to promote his business on Facebook. So why am I not receiving compensation for my object being used to promote his page, yet I have to buy a pic to use in a calendar? I just don't see how this is fair.

I understand his point of view and charging to pay for equipment and his labor in editing the pics, etc. But I'M the one that spent thousands of dollars fixing up my car. HE was the one that wanted to shoot the car. I'm not asking for more rights, I'm just asking for equal rights. The way I see it, this is somewhat of a partnership. He's taking the pics and processing them, and I own what he took pics of. I don't mind if he sells pics of the car to make money, and I don't mind buying pics. But the part about not having rights when it's my car in the pics, it kinda pisses me off, and doubly so since he's using it to promote his business while at the same time telling me I can't use a single pic for a calendar without buying it. Like chickenwafer told me on the phone, if a car company uses a pic of your car sporting their wheels, they're most likely paying you for it.

On the flip side, Graham didn't ask me for anything and he's stoked at the thought of one of his pics being used in a calendar. I'm more inclined to pay him for pics just for the simple fact that he's not asking for it and he's just doing it for enjoyment, over someone being shady.

Also, as it turns out, Andrew is dating a girl I went to school and church with when I was in High School. I knew her boyfriend drove a Lotus and was a photographer, but I didn't know it was him until she mentioned it when I posted one of the pics on Facebook.

Anyway, am I off the mark on this or what?
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VRx8
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Postby VRx8 » Mon Oct 29, 2012 9:14

I think you should have full right on those pics. Is His camera and skills and YOUR car! witch is worth more than his skills and camera lol. If anything he should be paying you to let him shoot your car lol. But seriously at this point is a combined effort so is 50/50. At the same time he is trying to do you wrong so i'll just tell the photographer F*** off for being such a dickhead.

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Postby Operator » Tue Oct 30, 2012 9:14

$1000 for 5 photos!?! WOW!!!!!!! I was always told it's a common curtesy to ask for permission to use photos, but just it's normally a very skilled amateur and not a pro taking the pics. I had a skilled amature take photos of my car, and he pretty much gave me free rights to them. But it's not his "job" so again, that may be part of it. My issue with your case, is the guy just showed up..... You didn't request his services... So it seems unprofessional to not be upfront about what his plans are.
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Postby RX-7 Chris » Tue Oct 30, 2012 9:14

Eric the drama queen.
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Postby chickenwafer » Tue Oct 30, 2012 9:14

I see both sides of this, so the decision isn't as black and white as we would like to think. Also, I'm not a professional photographer, so it's hard to weigh in.

My take is this; you didn't invite Andrew to take pictures of you car, another photographer did and he just showed up. Secondly, you didn't know Andrew was a professional photographer before he started taking pictures of your car.

My next point would be Andrew willing posted the pictures to your Facebook and then promptly used 2 pictures of your car, one as his profile pictures and the other as his banner, on his companies Facebook profile, without your permission. I feel once you post some pictures to the internet, it's kind of beyond your control what happens to them. I'm not saying that anyone should just save the picture and then sell it a magazine as their own, and I'm sure it happens, and I don't condone that because that is stealing, but if proper credit is due to the photographer, then I think is OK.

Like I told you on the phone, it is YOUR car in the pictures, and you didn't invite Andrew to take the pictures. And your FD is far from stock-looking, so it's also obviously your car, you have some claim to your "likeness".

I think the biggest thing that gets me is Andrew could have been a little more flexible on the whole situation. Maybe he could have suggested to add his watermark to a few photos and let you submit those for a calender for free. But again, I don't know this stuff, I'm not a photographer by any means.

I akin it to my tuning- if I posted a full tune online in public view for everyone to see, then how could I get mad if someone started distributing it? I posted it out there for the world to see, and as we all know, information control on the internet is virtually impossible to manage.
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Postby geo2maz » Tue Oct 30, 2012 9:14

good points chickenwafer...

That guy is being a greedy-###-artist.

Unless you discuss payment or charging someone upfront, dont expect $ down the line.
He posted pictures of your car on your facebook, which to me, means 'hey look at these cool shots of your cool car, here ya go!'

The only possible point i could see from his side, is if the calendar was for-profit by a corporation. If it's just for fun, then don't be a douche and let people use your picture.
If the calendar was going to be sold at Barns & Nobles, I could see him & you deserving a cut.

And from a designer/artists perspective, if you don't want something printed, don't put it out there, especially the high-resolution version of that file. I expect anything i put out there to be free-for-all, unless exploited for profit, or wrongfully claimed as someone else's creation. I've given away tons of photo's, and let lots of startup-musicians use my artwork for free for their CD covers because I'd rather my shit be out there-for free, then sitting on a dark shelf 'for sale'.

Remind Andrew that the calendar is not-for-profit, (reassuring him he'll get credit on the photo) and if he still wants to charge you, tell him to fugg off and let his great shots rott in the dark nothingness of his hard drive forever. (but you feel free to keep them on your facebook)


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Postby I`m Batman » Tue Oct 30, 2012 9:14

You can just ask him to pay you to get permissions if he want to use pictures of your car for any reason. It's like someone took your picture (your face) and then want to use it to advertise their business without your permission.
Just tell him to give you the full rights to those pictures for no cost and you'll give him the full rights to those pictures for no cost.
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Postby vierte » Tue Oct 30, 2012 9:14

This is tricky.. as far as intellectual property goes, I think Andrew has the copyright to the photo taken. I think any time a photo is record to a media (digit memory card), then the owner has copyright protection for the photo. Facebook now has a license to use the photo as long as the photo remains on Facebook, this is built into the user agreement. I think Dave is on to something about "your likeness" tho. He has to have permission to use your likeness for commercial purposes. I have no idea if your car could fall into that category, but its pretty obvious that it is a representation of you.. after all it represents you on this forum.

I would tell him he is using your likeness for commercial reasons without your permission and you'll give him permission in exchange for rights to use the photos that he has given you. Or you could haggle with him and purchase the photos. Either way its pretty sketchy how the idea of charging for the pictures after you received them was brought about.

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Postby Colombia28 » Tue Oct 30, 2012 9:14

This is why I got out of photography. I couldn't stand people like Andrew (hehe we have the same name). When I took photos for the club I did so because I wanted to, and never once expected a penny for any work or photos. I'll give Andrew one thing, the post process side of photography is long and tiresome, and thus sometimes a little cash wouldn't hurt, especially if he does it as his sole income (professionally). The problem I see coming from a photography standpoint is that Andrew assumed since you were doing a shoot with him you were his client, someone who pays. I don't think he understood that you were just in it for fun. Regardless if he really wants you to pay $100 per shot he is crazy.

As far as posting the photos online, I'm not one for demanding that people say who took the photos. If I post photos and I know the source I will say so, but I've never asked permission first. Heck, back in college I took thousands of photos of a CU based car show and the next year every photo they used in their advertising and promotions were mine. I didn't complain and bitch and moan that they never asked or told me they were doing so. Frankly I thought it was awesome. Andrew is in it for the money, Graham is in it for the fun of it just like I was.
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Postby speedjunkie » Tue Oct 30, 2012 9:14

OK cool. Thank you guys for your input. Several good points were brought up, some of which I hadn't thought about before, like the likeness aspect and the user agreement on Facebook, etc. I had thought about offering rights to use the photos for his benefit if he gave me rights to use them for mine, but I'm not sure how he would take that lol. Anytime I posted the pic on Facebook or on the forum I said who took the pics. Except the calendar thread. All I said there was that others took the photos. I also thought about asking him if he'd like to use a watermark.

I did get a bit upset last night when a friend sent me two pics of the car from Instagram, one from Canibeat and the other from another site, and I thought the second site was selling them. That kinda pissed me off because they have NO right to do that whatsoever. But I guess they were just posting it up. And that was one of the pics he gave me on Facebook.

For the record, the guy making the calendar is making them for fun but he's selling them, however from what he told me he is still only breaking even. Either way, I doubt that many will be sold since if everyone is like me, they won't buy the calendar unless their car makes the cut HAHA. But I talked to him and he said even though the cutoff date was reached he would put one of Graham's pics in the running for a wild card vote and see if it makes it. So maybe it will end up in the calendar anyway, who knows.

Chris, your input was useless. LOL I may be a drama queen, but like Dave told me on the phone, I really don't like it when someone tells me I can't do something. lol

Thanks for your input, guys!
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Postby geo2maz » Wed Oct 31, 2012 9:14

Would love to see both graham and Andrews pics of your car... Post em up!
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Postby Shadowden » Wed Oct 31, 2012 9:14

geo2maz wrote:Would love to see both graham and Andrews pics of your car... Post em up!


The ones above are the ones from the pro (graveyard). Amazing pictures.

Geo, if we can do a photoshoot at Logan with the S, that would be awesome. Next spring. I will not pay you 100.00/photo...just to be upfront about it.

Junkie, I find after the fact stuff to be really slimy. Really though, I think you built your car for yourself first, but second, to show people what you are capable of and to do something amazing. Having the db share pictures of your car on face book and to use it in his business is testiment to the greatness of your car. I might just let this one be water under the bridge and get some even better photo work done here locally in the cars natural environement.

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Postby speedjunkie » Wed Oct 31, 2012 9:14

Geo, I put them in my build thread.

Shadow, yeah the ones in the graveyard were done by Andrew. I am honored to have my pics spread that like, but it still kinda ticks me off lol.
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Postby speedjunkie » Mon Nov 05, 2012 9:14

I got an email on facebook from him Friday, saying that someone on 7club sent him a PM and he was pretty pissed at me. He was saying that he took the pics for free and just for fun, and that he had a good time hanging out but if that's how I repay someone a favor that we probably shouldn't be friends. I was going to fire back an email, but I figured I'd wait, and the longer I waited the more I convinced myself it wasn't worth the time.

Today he tagged me on another photo of the car he took on the first day. HAHA really?!
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Postby Colombia28 » Mon Nov 05, 2012 9:14

If he told you he took the photos for fun and free then he has no reason to be angry, at least over money.
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