Another problem need new advice asap

emeraldrose

Here's the latest in emails from the other photographer:

"I am emailing to ask you to please take down the blog with the photographs from the wedding and the password protected gallery to your website. The bride DOES NOT and I repeat DOES NOT want her photographs on your blog nor your website. Yes, you did take the photographs but she hired ...Photography and does not want anyone else including yourself using the photographs for portfolio purposes nor blogging. I am going to ask you to take it down by Friday if not I will have to go ahead and contact someone. She doesn't want anything up on your site nor Kimberly's please respect her wishes. "

And here's my response, I want to make sure this comes off right bc I'm so pissed and annoyed with this whole situation right now. In a way I just want to give in and then just distance myself from this person, but at the same time I want to stand up for my rights. When I talked to her on the phone it seemed more about privacy, so I only publicly showed images where you couldn't tell who it was unless you were there to begin with. Please let me know what you think.

"Here's the thing I'm going to take down the blog and I've pw protected the gallery like you asked. But I do own the copyright and as such as long as I'm not selling them I can use them as art and in my portfolio, look up copyright laws. We had discussed this prior to me agreeing to help you, so I'm not sure why this is going on now, not only that but if I had never posted these then you never would have known you were missing key images. I have talked to MANY photographers over the years and have looked up the laws. As long a I don't sign over copyright (which I NEVER would do for under $3,000 for the images alone) they are mine to use for portfolio use and you have license to use for your client as you wish and exclusive rights to sell them. Even if someone else from the wedding saw them and contacted me I would have directed them straight to you, it's why I kept them off facebook albums, I figured that might be too viral and not fair to you, not because I couldn't. As the bride agreed to have multiple shooters she's agreeing to the contract WE had between us and it's up to YOU to educate her on how this business works. Just because she writes a blog does not mean she understands how THIS business works. I'm sorry this has come to this, but I will NOT be bullied into giving up my art and my rights."

tenoverthenose

So.. reading between the lines here, am I correct that:

1. You are not the primary photographer
2. Primary hired you to second shoot
3. You want to post the images you shot on your site
4. Bride has requested the primary photographer that no images be shown


Okay now, deep breath....

If this is correct, just pull your images down. So what, you don't get to show one wedding - big whoop. In the wedding biz our first and foremost goal should be to please our clients - the bride and groom. Do you really want to make a bride unhappy?

The bad news here is that it sounds like you have already irritated the primary photographer. In this wonderful world of networking, I would try my best not to offend another professional with little reason. I don't think your email is necessary, just pull the images and respond with a smile Sure, legally you might have the right to do what you want with your images and I doubt that the primary will actually take this to court, but why bother?

mmmatt

emeraldrose wrote: »

In a way I just want to give in and then just distance myself from this person,

Just isn't worth fighting about it. Keep these images for something to show clients at contract meetings OTHER than what's on your webiste. You need some of those too. I would walk away and be done with her.

Matt

tenoverthenose

BTW, it is not at all uncommon for couples to request that their photos are not made public. For some, having photos made public even goes against religious beliefs (no joke). There are many times that I have not posted pictures on my site for this very reason, and I inform my second shooters of this too.

emeraldrose

Thanks all. I guess I'm just so sick of being walked all over and bc we had made an agreement before hand, even if it was verbal, I feel she's just let this gotten out of hand. Basically there's a lot to this whole thing and I will never work with her again, and I was doing this to help HER not the other way around, I was there as backup for her first wedding bc she was my "friend". I'm not even sure it was the bride asking for this or if it's her worried people will realize she didn't do this all on her own, which I'm not sure why that's a big deal as many if not most wedding photographers have help. I'm not an aggressive person, but this is just one of those straws that seem to be breaking my camels back. I just feel that if I do give in then she'll feel like she can tell me what to do even more! I did take them down off the blog, figured that was public so ok, but even the pw protected gallery that doesn't even have their initial in the gallery name?! Oh I will stick to only working with other experienced professionals if I ever even do agree to second shoot again and this has given me so much knowledge in how to handle my own second shooters. And to think back in July we were planning on going in to business together (yeah another time she's told me one thing and then gone and did another), but now I'm glad we never did.

emeraldrose

Ok so I compromised. I let her know my feelings, but unlisted the gallery. Here was my response. A little bit of professional feelings mixed with friend to "friend" feelings. I'm sad it ended like this, but I can't be continued to be used either.

It's down, but last we talked she just didn't want everyone to see her. Not to mention WE had agreed when this wedding was initially booked that I could use these in my portfolio and so I'm very hurt that you changed your mind now. If I had known you weren't going to stand up to our agreement I never would have agreed to work for as cheap as I did. Good luck with everything, but I'm very disappointed in how it all worked out and I'm sorry it couldn't have been a better experience for both of us.

tenoverthenose

emeraldrose wrote: »

Ok so I compromised....I never would have agreed to work for as cheap as I did... I'm very disappointed in how it all worked out

So I shortened up your words to express my thoughts. Lesson to be learned: do not work for less that you deserve.

emeraldrose

exactly patrick, i'm done with giving so much of my experience and time and work to "friends" and family. If they really are my friends They'll understand, if not oh well, not being walked over anymore. I did it for so cheap bc she was a "good friend" who needed a little support and I figured at least I'd get some more images for my own portfolio... we all see that didn't work out.

Matthew Saville

Inexperienced "professionals"...
+
Consumers who don't understand copyright...
=
100% Disaster...


Be kind and compliant, walk away without looking back, and focus on making your own clients happy.

=Matt=

Qarik

yeah..it sounds likes the primary didn't square with the client on ownership and copyright and you got screwed in the process. I think you bhave legal recourse but may not be worth it.

emeraldrose

Thanks guys your advice helped a bunch and made me feel ok with just walking away.

Blurmore

I have a model release in my contract (for the bride and groom only) and it is my only contract, no model release...find a different photographer. Your situation stinks, but walk away. I photograph for 2 or 3 photographers that I wouldn't even consider posting photos from their jobs. We don't even have a verbal agreement, they pay me very well, I get to photograph the most fabulous of fabulous events, and I do not desire the recognition or the celebrity by proxy of posting a picture I took of a famous person. When my friends come over, I do show off, but I like shooting these events, so I will not do anything that would jeopardize my relationship with the primary photographer especially for something so cheap as "look who I photographed".