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Derivative Work-Retouching?

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  #11  
Old 10-28-2010, 04:47 PM
dazzlement dazzlement is offline
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Re: Derivative Work-Retouching?

Thanks photocomix, she wasn't my boss and it was all freelance work so I really don't have any grounds to stand on. But I'm getting work on my own so it's working out pretty well!
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  #12  
Old 12-18-2011, 03:42 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

I don't want to start a new thread, because I have similar to the OP's problem...
I am from Europe, so I am not sure what are my legal rights, but here's the situation:
Photographer asked me for preforming retouching services on his photos and as I work on "trust basis" I didn't said anything about pre-payment, we just agreed that he will pay me after the work is done. So I retouched I lot of photos for him and in the end he didn't pay me. The worst thing is that he started to lie me that he is outside of town, then he is sick, and that's why he can't make the payment, and so on... but he likes my work soo much that he wants me as his primary retoucher, to cancel other appointments and work only for him.. I was happy and I started to cancel any other jobs and at the end I've found myself without money, without other work and with 3 weeks wasted.
We didn't have contract, I have all the correspondence between us and how he promised me some-amount-of-money per photo and I sent him an invoice in paypal, asked him many times to pay me and he didn't.

So after I'e got scammed I wrote about this in my blog, mentioning the name of the photographer, to warn other retouchers. I found on the internet other information about this person from other people that got scammed from him and provided this information in my blog.
Now he writes me that I have to delete all the postings. Also, I can't use any of the pictures retouched for him. (I don't mind about the last one)

I want to ask you - do I have any rights as the retoucher, to ask him not to use retouched by me photos? I keep all the original PSD files with all layers, proving that the retouch is mine. Especially if he didn't pay me for the retouching? We are both in Europe. How is the copyright law treating this kind of situation here?
Also, in the absence of a contract, doesn't he as an employer bear a greater responsibility? Does he have any rights to forbid me from using the retouched photos? And finally - can I sue him and on what ground?
Thank you!!!

P.S. I apologize for the "English"
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  #13  
Old 12-18-2011, 06:25 AM
ftp-Jeff ftp-Jeff is offline
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Re: Derivative Work-Retouching?

Well.... It happens all the time...

You have to be professional about these matters, to cover yourself.

Looking at the way you handled it, I am not surprised it happened. And he will probably do it again to someone else.

This is a class that I offer my students.. It is no good being a good retoucher, if you cannot get paid.

Jeff
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  #14  
Old 12-18-2011, 08:04 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

Yep and I will know for now on how to proceed with the next clients (this was one of my first clients btw).

I hope he won't do this to anyone else, because I wrote about this on my blog, mentioning his name and with links to other websites and complains from other people. Now he threatens me that he will sue me, because I wrote that hi is a scam and he wants to remove this posts from the blog. Other people contacted me, mostly models, to tell me that he scammed them as well, promising to give them the photos he makes of them and then he disappeared a refused to give them the photos.
Do you think that he has a legal right in that case. I mean - can he make me to remove my blog posting which are exposing him as a scammer?

Thank you!
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  #15  
Old 12-18-2011, 08:08 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

Also, when I retouched the photos, I uploaded them on my website with proper credits to the photographer. After I fount out he is a scum I wrote blog posts about this with his name.
Then he wrote me that I must remove the photos because he didn't gave me any permission to post them and I removed them immediately. Now he claims that he can sue me regardless of the photo removing because he has screen shots of my website and his photos. Does he has legal ground to do this? I removed his photos after he asked me.
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  #16  
Old 12-18-2011, 08:27 AM
creativeretouch creativeretouch is offline
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Re: Derivative Work-Retouching?

Quote:
Originally Posted by borkiss View Post
Also, when I retouched the photos, I uploaded them on my website with proper credits to the photographer. After I fount out he is a scum I wrote blog posts about this with his name.
Then he wrote me that I must remove the photos because he didn't gave me any permission to post them and I removed them immediately. Now he claims that he can sue me regardless of the photo removing because he has screen shots of my website and his photos. Does he has legal ground to do this? I removed his photos after he asked me.
He shouldn't use your work without your permission as well. Does he use his photographs retouched by you on his website or anywhere else?
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  #17  
Old 12-18-2011, 08:36 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

Yes, he uses the photos on several websites, plus some of the photos were for commercial work, and he didn't pay me for the retouch but he sold the retouched photos and now they are used in the company's website, advertising their product.
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  #18  
Old 12-18-2011, 08:50 AM
creativeretouch creativeretouch is offline
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Re: Derivative Work-Retouching?

Quote:
Originally Posted by borkiss View Post
Yes, he uses the photos on several websites, plus some of the photos were for commercial work, and he didn't pay me for the retouch but he sold the retouched photos and now they are used in the company's website, advertising their product.
So, ask him to remove his photographs from these websites and tell him you will contact his clients asking them to stop use your work as photographer doesn't have a license to use your work (I expect you didn't give him any license).
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  #19  
Old 12-18-2011, 08:52 AM
borkiss borkiss is offline
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Re: Derivative Work-Retouching?

I didn't gave him nothing, but he claims that he holds the copyrights of the photos and even they are changed by me, he can do whatever he wants with the pictures. I asked for legal advice from a lawyer in my country, but I want to hear your opinion as well.
And about the blog post with his name and the word "scam" - what do you think, should I remove it? Thanks!
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  #20  
Old 12-18-2011, 08:56 AM
creativeretouch creativeretouch is offline
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Re: Derivative Work-Retouching?

Quote:
Originally Posted by borkiss View Post
I didn't gave him nothing, but he claims that he holds the copyrights of the photos and even they are changed by me, he can do whatever he wants with the pictures. I asked for legal advice from a lawyer in my country, but I want to hear your opinion as well.
And about the blog post with his name and the word "scam" - what do you think, should I remove it? Thanks!
I would contact a lawyer in your case and I would remove these words ...

You are a part of a creative team and you should own some kind of rights as well. This photograph isn't a product of a single person (photographer) but this is a team work ...
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