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Old 09-25-2008, 09:34 AM
ppoppin ppoppin is offline
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Join Date: Sep 2008
Posts: 1

Hi everyone! I had a question about something that i'm not sure is right or wrong. Let me explain the situation.

I booked a shoot with a photographer and we had a conversation a day before the shoot, he asked me if I had my nails done and my eyebrows arched, and does everything look good? and Here I am inquiring in my mind, well why do you need to know that? That was kind of like a personal question..... the fact of the matter was, I love to have just pictures of me, and I'm not trying to become a model or an actress.
I'm actually pursuing my MBA in Marketing Management. I wanted some neat pictures of me, with a nice background to display on my wall, and to ONLY keep for personal use..... I asked the photographer why he wanted to know if I got that done, and he told me well he uses the pictures on his myspace and website for his own promotion, as well as sells them to magazines for use.
Then he told me that I had to sign a model release ( WHICH IS TOTALLY NOT WHAT I BOOKED THE SHOOT FOR) I didn't come to get pictures to (SELF-PROMOTE). I understand the concept behind a model release, but I didn't come for MODEL PROMO PICS. I came for personal pictures.
I told him that I'd rather NOT have my pictures in the hands of people all around the world. Who knows my picture could pop up on some porn sight?? or my body on someones head!!!
So he said well its no different than me having pictures on my myspace. Which in-turn again the myspace pictures are not PROFESSIONAL, they are just silly clubbing pictures....... The one's I wanted from him were intended on my having for PERSONAL, not for the world on MYSPACE. He felt offended that I didn't want him to give my pictures to anyone else.

As it may be terms of the shoot weren't made clear to me, and when I booked the shoot, I asked him was there anything I should know and he said no nothing else. Its funny how everything comes out the day before......

Here's where the real meat comes in... I thought I was paying for a photoshoot a disc with 4-5 poses in each outfit, and 2 retouched photos.

WHAT HE TELLS Me is that I get a CD with 2 retouched photos ...... the terms of the shoot were 10-40 shoots per outfit. 3 outfits. BUT I Don't get to get ANY OF THE OTHER PICTURES except for 2. If I want any of the other poses its $40 per image. I asked him what he was charging $40 for and he said the time to retouch the image. I said well can you just sell it to me un-retouched, because I didn't want the images to be OVERLY retouched in the first place. HE SAID NO..... He doesn't give out raw photos. So even if I payed him $40 for the picture RAW he couldn't sell it to me, because that leaves it open for other retouchers to retouch photos and pass it off on his photography. (even so if the retouching didn't look well, I could've retouched them up even more myself after the fact that he did them, so I don't see the purpose of this) I don't know if there is a law that says after a photographer shoots you and retouches you, you can't retouch it again, or if he is just taking the picture, you can't retouch them after, or ask permission.

Keep in mind again, I just wanted some pictures in my 3 outfits- its great if they are retouched or if they arn't retouched. I know how to retouch my own photos if needed. I didn't want to to pay the fee that he is charging for just 2 photos. THAT IT Don't REALLY WANT RETOUCHED IN THE FIRST PLACE. he didn't even want to make me a deal (since what he is charging for is the time to retouch) I wanted to bargain for the un-retouched for $10 per image. (because i'm sure more than just 2 poses will come out great) but he wouldn't even do that.

I wanted to know if he is right in the matter of telling me he can't give me the pictures raw, even if I paid the full $40 for the picture. And also if he has the legal rights to sell and make money off of my picture, and he's getting paid for the shoot. I just feel like I'm getting jipped in the situation, because WHAT AM I PAYING FOR A SHOOT FOR... just to get 2 pictures, that I don't want retouched in the first place..... I cancelled the shoot....

If anyone can advise me on the legal issues of this. I've read through the forums but nothing quite touches on my actual situation. Please post you comments about it as well.
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Old 09-25-2008, 09:49 AM
P_fuzz P_fuzz is offline
Senior Member
Join Date: Aug 2008
Location: london, sao paulo
Posts: 231

I dont believe there is any LEGAL issues behind this... that is his policy and that is it... he might be a bit of a ****, but that is another story!

most photographers dont give out their raw material for several reasons, one is they may suck at taking pics and rely entirely on photoshop to make it looking passable...
no photographer will ever give you all the pics from a shoot, that is common thing!

About using you r pics for myspace and selling to magazines (????WTF????) that is weird... it doenst sound like you got a good photographer to begin with...

my 2p

Last edited by Doug Nelson; 09-25-2008 at 11:39 AM.
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Old 09-25-2008, 11:15 AM
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smoothfluid smoothfluid is offline
Join Date: Apr 2006
Posts: 71

I agree. The photographers I work tend not to part with RAW files, which is fine really, as long as the images you get at the end of the day are what you had arranged (the last shoot I directed there were over 200 images of 4 plates of food, not glamorous I know, but there was no way I needed to see all 200!) The best 4 was what I wanted. My guess if that you can easily find a photographer with more integrity.
While I see no problem with him using the images he takes as examples of his work it does seem a bit odd him saying that he might sell them on… I guess that is what contracts are for though. Just have a look at the next photographer's contract, and ask the questions. It's my experience that they are, as a rule, thoroughly decent people.
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Old 09-25-2008, 11:28 AM
ktg222 ktg222 is offline
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Join Date: Oct 2007
Posts: 114

You could negotiate with the photographer for all the images and rights. You may have to pay for that and some photographers, as a matter of policy, may not want to do business that way. Shop around. Be up front when you meet about what you want. I work with a photographer who sells all the rights to the client. He doesn't care about selling reprints or for any other use. That business model works for him. You may find someone who is willing to sell you everything.

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