re-sell of purchased negatives

TangoTango Registered Users Posts: 4,592 Major grins
edited December 17, 2008 in Mind Your Own Business
my sister in-law asked me...

her wedding photographer sold his business to another photog. the new photog called her to offer the negatives (from her wedding 10yrs ago) to her for $80 before they destroyed them....

i told her that was a tackless scare tactic and to offer to purchase them for half....

should i have told her something different?

now ive been thinking... maybe there is some law that would not allow the new company to do this?; 1, destroy the negatives, 2. resell them since they didnt even do the work in the first place....

is this even legal?
whats your thoughts?

personally this is right up there with the tele-markerters scaring little old ladies about their car warrenty to me....:deal
Aaron Nelson

Comments

  • mercphotomercphoto Registered Users Posts: 4,550 Major grins
    edited December 17, 2008
    I really don't know why you're making a big deal of this. Of course its legal -- the negatives are their property, they can do as they wish. They can destroy them. They can store them. They can offer them for sale. This really isn't a biggie at all. And its certainly legal.

    Storing negatives is a cost that the new company probably does not want to incur. Protection from humidity, temperature extremes and fire/flood is not a free expense. The new company probably has no reason to keep all those negatives especially if nobody is ever going to buy a print again from it.

    $80 for all the original negatives from a wedding. Dude, that's a bargain. Buy them!

    Honestly, I can't figure out why this bothers you, and to a certain extent that bothers me.
    Bill Jurasz - Mercury Photography - Cedar Park, TX
    A former sports shooter
    Follow me at: https://www.flickr.com/photos/bjurasz/
    My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
  • TangoTango Registered Users Posts: 4,592 Major grins
    edited December 17, 2008
    mercphoto wrote:
    I really don't know why you're making a big deal of this. Of course its legal -- the negatives are their property, they can do as they wish. They can destroy them. They can store them. They can offer them for sale. This really isn't a biggie at all. And its certainly legal.

    Storing negatives is a cost that the new company probably does not want to incur. Protection from humidity, temperature extremes and fire/flood is not a free expense. The new company probably has no reason to keep all those negatives especially if nobody is ever going to buy a print again from it.

    $80 for all the original negatives from a wedding. Dude, that's a bargain. Buy them!

    Honestly, I can't figure out why this bothers you, and to a certain extent that bothers me.


    thanks for your opinion, dont let it bother you that it bothers me....
    i understand that couldbe a bargain...(i havent seen the photos so i dont know how good they are or not..)
    i just dont know any of the copyright laws and such....

    i think the strong arm tactic bothers me most....

    like....:
    heres something thats special to you, i know you want it, but couldnt afford all of it 10yrs ago....so let me treaten to burn it all if you dont give me MONEY!!! for all i know its a scheme that gets played all the time from these people....

    anyway.... later...
    Aaron Nelson
  • mercphotomercphoto Registered Users Posts: 4,550 Major grins
    edited December 17, 2008
    i think the strong arm tactic bothers me most....

    like....:
    heres something thats special to you, i know you want it, but couldnt afford all of it 10yrs ago....so let me treaten to burn it all if you dont give me MONEY!!! for all i know its a scheme that gets played all the time from these people....
    I really don't see anything strong-armed about it. Should they simply give the negatives to you for free? How else should they have approached this? Simply destroy the negatives w/o even offering the chance for a purchase? They are a for-profit business offering something of value. There is nothing shady going on here. Why the paranoia?
    Bill Jurasz - Mercury Photography - Cedar Park, TX
    A former sports shooter
    Follow me at: https://www.flickr.com/photos/bjurasz/
    My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
  • AngeloAngelo Super Moderators Posts: 8,937 moderator
    edited December 17, 2008
    mercphoto wrote:
    I really don't know why you're making a big deal of this. Of course its legal -- the negatives are their property, they can do as they wish. They can destroy them. They can store them. They can offer them for sale. This really isn't a biggie at all. And its certainly legal.

    Storing negatives is a cost that the new company probably does not want to incur. Protection from humidity, temperature extremes and fire/flood is not a free expense. The new company probably has no reason to keep all those negatives especially if nobody is ever going to buy a print again from it.

    $80 for all the original negatives from a wedding. Dude, that's a bargain. Buy them!

    Honestly, I can't figure out why this bothers you, and to a certain extent that bothers me.

    +1
  • AngeloAngelo Super Moderators Posts: 8,937 moderator
    edited December 17, 2008
    i think the strong arm tactic bothers me most....

    it doesn't seem like strong-arm tactics to me


    heres something thats special to you

    maybe

    i know you want it

    maybe she doesn't
    ...but couldnt afford all of it 10yrs ago


    he, nor you know if that's true. most photographers never, ever sold their negatives.

    ...so let me threaten to burn it all if you don't give me MONEY!!!

    I do understand and agree with you to a certain extent. If the new owner is going to burn or discard of the negatives in any way, yes, it would be civil and very magnanimous to offer them to her if she wants them. They lose nothing by giving them away; save the trouble of burning; gain heaps of good will.

    I'd understand better if the offer were: "The new owners of this business are willing to sell the negatives, otherwise they will be kept on file should additional prints be requested in the future"
  • TangoTango Registered Users Posts: 4,592 Major grins
    edited December 17, 2008
    mercphoto wrote:
    I really don't see anything strong-armed about it. Should they simply give the negatives to you for free?
    no, thats why i suggested they buy them...are you so ready for a fight you missed some details?
    mercphoto wrote:
    How else should they have approached this? Simply destroy the negatives w/o even offering the chance for a purchase? They are a for-profit business offering something of value.
    are you kidding me, contempt is not going to get you anywhere with me...
    mercphoto wrote:
    There is nothing shady going on here.
    really? how could you possibly know this?
    mercphoto wrote:
    Why the paranoia?
    people are people.
    Aaron Nelson
  • TangoTango Registered Users Posts: 4,592 Major grins
    edited December 17, 2008
    this was not an attack on photographers...it could be an attack on one individual photog...but i dont have all the details...i dont even know the names of the people... just a question from my sister in-law

    i was here just to find out copyrights....not to feel like i stepped on a landmine...
    Aaron Nelson
  • TangoTango Registered Users Posts: 4,592 Major grins
    edited December 17, 2008
    Angelo wrote:
    it doesn't seem like strong-arm tactics to me





    maybe




    maybe she doesn't




    he, nor you know if that's true. most photographers never, ever sold their negatives.




    I do understand and agree with you to a certain extent. If the new owner is going to burn or discard of the negatives in any way, yes, it would be civil and very magnanimous to offer them to her if she wants them. They lose nothing by giving them away; save the trouble of burning; gain heaps of good will.

    I'd understand better if the offer were: "The new owners of this business are willing to sell the negatives, otherwise they will be kept on file should additional prints be requested in the future"


    i see, and i agree, i really do thank you for the comments. really.
    Aaron Nelson
  • TrevlanTrevlan Registered Users Posts: 649 Major grins
    edited December 17, 2008
    this was not an attack on photographers...it could be an attack on one individual photog...but i dont have all the details...i dont even know the names of the people... just a question from my sister in-law

    i was here just to find out copyrights....not to feel like i stepped on a landmine...

    Stepping on a land mine, doesn't feel good at all.

    If you want to know about law, I know about business law. The law states, "On a takeover, whether it's hostile or friendly, the purchasing company has rights to all of the assest."

    They could do what they wish with the negatives. They were nice enough to offer the negatives. And 80 dollars is a give-a-way. I would only pass up the offer if I have all the pictures I want from the wedding.

    Photographers don't keep negatives for the clients. They keep them for themselves.
    Frank Martinez
    Nikon Shooter
    It's all about the moment...
  • Art ScottArt Scott Registered Users Posts: 8,959 Major grins
    edited December 17, 2008
    I ran into this years ago.....I was shooting for a bridal company that was sold and I approached the new owners asking if I could purchase any negs that I had shot that was at least 5 years old.....I was told no and they did destroy them without hesitation and without notifying the clients of the old company owners........ a client that had lost their home to fire remembered my name as the photog of their wedding and called me, I gave them the name of the new owners and phone number and that is how I found out the negs were all destroyed that were over 2 yrs old......as I told the new owners, that was my work and I only wanted it for my portfolio, I wasn't after making money off the negs as far selling to the Clients.....

    Personally I never did like storing wedding or portrait negs......I always offered to sell to the clients after they made their orders.....I would give them a few months after their orders had been delivered and send them a card asking if they would like to purchase their negs for $$$, that way you will always know where there are......I packaged them in nice binder pages and told them if they had a safety deposit box that would be a great plce to insure their safety.
    "Genuine Fractals was, is and will always be the best solution for enlarging digital photos." ....Vincent Versace ... ... COPYRIGHT YOUR WORK ONLINE ... ... My Website

  • BlakerBlaker Registered Users Posts: 294 Major grins
    edited December 17, 2008
    i just dont know any of the copyright laws and such....

    i think the strong arm tactic bothers me most....

    like....:
    heres something thats special to you, i know you want it, but couldnt afford all of it 10yrs ago....so let me treaten to burn it all if you dont give me MONEY!!! for all i know its a scheme that gets played all the time from these people....

    .

    Relax.
    As far as copyright goes, the new company owns the copyright, so they can destroy the negs or sell them. Personally, I think it's nice that they went to all the trouble to notify clients and give them the chance to buy their negatives instead of just throwing out all the old files.
    They are not threatening anyone, this is not a "scheme", they are offering to sell the negs for a VERY reasonable price.
    I'd advise your friend/relative to go ahead and buy the negatives.
  • TangoTango Registered Users Posts: 4,592 Major grins
    edited December 17, 2008
    thanks Frank & Art! thumb.gif thanks for the comments
    Aaron Nelson
  • TangoTango Registered Users Posts: 4,592 Major grins
    edited December 17, 2008
    Blaker wrote:
    Relax.
    As far as copyright goes, the new company owns the copyright, so they can destroy the negs or sell them. Personally, I think it's nice that they went to all the trouble to notify clients and give them the chance to buy their negatives instead of just throwing out all the old files.
    They are not threatening anyone, this is not a "scheme", they are offering to sell the negs for a VERY reasonable price.
    I'd advise your friend/relative to go ahead and buy the negatives.

    thanks for your opinion...
    Aaron Nelson
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