PHOTO CREDIT DISPUTE! Need advise!

sufi80sufi80 Registered Users Posts: 1 Beginner grinner
edited August 20, 2010 in Mind Your Own Business
To not bore you with pointless details I want to ask you all what your view of this dispute.

Through my church I was offered free room and board to go on an international trip and document everything. I did so and tastefully put my watermark (my name) on the bottom of each picture and posted them on their facebook. They wanted me to remove my photo credit.

My understanding is for pro-bono work, the trade for working for free is that you receive full credit. They think that because they paid for my room and board, and I used their equipment they have full rights to all pictures.

What are your thoughts. What are some great online resources I can point them to, to explain their false concepts of this.

Comments

  • chrisjohnsonchrisjohnson Registered Users Posts: 772 Major grins
    edited August 20, 2010
    I think they have a point. The commercial side should have been sorted in advance. Likely they don't mind you getting credit and follow-up business but they have the feeling they paid for something, although "all rights" is maybe taking things too far. From what you say it seems they had a reasonable expectation that you would travel with them, use their equipment, and shoot their photos.

    To resolve the conflict I would talk pragmatically to them about what you expected to get out of this gig and look for compromise. Browbeating them with their own stupidity is not likely to make peace and will make you enemies in your own church - bad idea.

    This fall I have been asked to do three international speaking engagements on similar terms - they pay my travel and expenses and I give my time and materials. This is a common thing in my line of work. Nothing much is written down. It is good business for me because I extend my network and develop my reputation, plus I get to see new places. I am careful not to give them anything too valuable in the way of copyright. What they get is more of a teaser, a taste of things to come should anyone want to hire me as a consultant.

    In your case I would have looked at the Church gig as an opportunity to get new assignments like a wedding or a christening, maybe some portraits. It is strictly business and not pro-bono. Giving your time for free is your advertising cost. With a smart accountant you could even try to make your time deductable for tax, although I don't. So give them what they want - some low res fb images without your watermark - and then go after the real business.
  • Photog4ChristPhotog4Christ Registered Users Posts: 716 Major grins
    edited August 20, 2010
    Since you didn't have anything in writing before hand and since this is a church and they gave you free room & board (did they also pay for your travel expenses??) and used their equipment. I say let them have low-res web images.

    As far as "full rights". Unless you signed a work-for-hire agreement, then the copyright belongs to you. You retain the rights to the images, but you're "licensing" them to the church.

    I agree with Christopher. You could get more work out of this from the church and this time it would be a paying gig! :)
  • SamSam Registered Users Posts: 7,419 Major grins
    edited August 20, 2010
    For the billionth time..........You discus terms / contract / agreement / expectations prior to the work / event....NOT AFTER!

    Trying to enforce your interpretation of what you want the contract to be after the fact is problematic to say the least.

    Basically I see the churches point of view. They offered to provide you with free room and board, travel and the use of their equipment if you would document the trip / event with their gear. You accepted.

    Seems straight forward to me. I am not sure how you can expect to control the images now.

    I suspect the work of the church is not for monetary gain, but for a higher purpose. I would think this is how you entered the project.

    Why not talk to them and see if there is any way to comprise.

    If not I would recommend chalking this up to a learning experience.

    Negotiate before....not after.

    Sam
  • mercphotomercphoto Registered Users Posts: 4,550 Major grins
    edited August 20, 2010
    sufi80 wrote: »
    To not bore you with pointless details I want to ask you all what your view of this dispute.

    Through my church I was offered free room and board to go on an international trip and document everything. I did so and tastefully put my watermark (my name) on the bottom of each picture and posted them on their facebook. They wanted me to remove my photo credit.

    My understanding is for pro-bono work, the trade for working for free is that you receive full credit. They think that because they paid for my room and board, and I used their equipment they have full rights to all pictures.

    Sam is right, you negotiate terms BEFORE. And, frankly, I don't think you truly worked for free. You were compensated in that you did not need to pay for room and board.
    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
  • IcebearIcebear Registered Users Posts: 4,015 Major grins
    edited August 20, 2010
    Have you tried compromising with a smaller watermark/credit line? We haven't seen what you did. Maybe it's obnoxious :D. I'm curious why they'd object? Is there any artwork hanging up in the church? Did they remove all the artists signatures?
    John :
    Natural selection is responsible for every living thing that exists.
    D3s, D500, D5300, and way more glass than the wife knows about.
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