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How to handle this situation?

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Old 01-10-2006, 03:20 PM
Maa Maa is offline
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The retoucher is a friend of mine as well. First, I would like to say the e-mail that was sent was not unprofessional in my opinion either. She was of course concern about her worked being used without permission since she has never signed a contract with the actual photographer and is working on her own. If that is the case it may be a question of copyright infringement. I can be wrong but I think I'm pretty sure that is the case. Then call it she question YOUR work is completely wrong, she may have question HER work that you used. Second, and the most important thing to me is that a designer never ever copy and paste another designers work! it's not even in question and should not catch another designers mind at all! And since you are so good to make your own lash in a heartbeat why didn't you copy this actual retouchers and used it as your own work instad of accepting a file sent to you of another designers work and paste on another picture. You should have question that for sure!! I'm sorry I just don't like it but I do hope the situation will be worked out for everyone.

Sorry for my bad english but I hope I made myself understandable.
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Old 01-10-2006, 03:34 PM
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grafx grafx is offline
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First, I work for the photographer and not another retoucher.

I haven't been mean to **** at all. I do not think contacting another retoucher and saying, "lets keep this between us" is very professional. She needs to work it out with her photographer. Whether it be a monthly payment or something. She might even consider something more binding legally. But I cannot get involved

The only reason why my retouches looked so similar to hers was I was asked to do such to keep the "brand" looking the same. It was only requested on two girls. The parents expected the first photo to look the same as the last. I was tutored in how each was to look.

You cannot expect someone to contact every retoucher in the business when a photographer asks to hire you and ask if they owe them money. You also have to respect the photographer's request to keep their "brand" looking the same. They do create the look by directing our hands.

I will consider any further actions based on what I now know, but there has been, indeed, multiple sides of the story.

Last edited by grafx; 03-13-2006 at 06:40 PM. Reason: Removing names...good idea
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Old 01-10-2006, 04:22 PM
RL Design RL Design is offline
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Wow, what a mess. I think that we should all remember that first and for most (in my opinion) we should "cover our own asses". There are some unwritten rules in the industry that should always be followed... Copyright and Confidentiallity. I concider all work that I do for my clients to the "thier" copyright. If they take that work later and have someone else work with it, it's thier choice. If a photographer does not wish me to finish a project they would still need to pay for any time spent. All of my retouching and restortaion work in nonrefundable.

If a photographer asked me to finish another's work I would decline. I work with originals only and have declined work in the past that was allready adjusted or retouched. I do not want to be held accountable for someone elses work. I also will not work from poor scans. I want to start with the best possible image, so that the end result is as good as it can be.

I don't think forwarding the contact to the photographer was an error. The photographer needs to make sure that he/she has upheld all contracts made.

We have all had problem projects from time to time and problem clients. Keep your head up...
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Old 01-11-2006, 07:40 AM
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NancyJ NancyJ is offline
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IMO the other retoucher acted very unprofessionally, even given the additional information.
Grafx was hired to do a job, albeit mimicking the style of another retoucher who started the job. She did the job and thats the end of it.

I'm not sure exactly how the US handles the copyright but I think it is the same as in the UK, which is that any retouching we do is considered 'derived-work' and therefore we dont hold the copyright, unless contractually assigned by the actually copyright holder. So the photographer can do whatever he likes with the work, including employing someone else to do further work on the images.

The other retoucher had no business contacting Grafx in the manner she did. What was her motivation, what did she hope to achieve by harassing grafx? IMO the only reason she could have for contacting grafx is to assertain whether her work had been used in the final product for legal purposes related to the non payment issue but if that was the case then she should have been up front about it. She should have explained that she stopped working for the photographer because of non-payment and that she needed to know whether/how much of her work had been used.

Obviously, I can understand that $800 is a lot of money and that she would be anxious to resolve the issue, but her approach was all wrong, if she had explained the situation, I'm sure grafx would have been willing to discuss it with her, even if that was to say that she wasnt prepared to divulge that information. It seems to me like the email came accross as very confrontational.
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Old 01-11-2006, 08:46 AM
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OnAir OnAir is offline
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For me grapfx handled all things perfectly. The problem is connected to the photographer and the other retoucher, so it was normal to send this e-mail to the photographer, as she was the only person, who could resolve the problem. IMHO, there is no matter to give all details, like money etc, for public discussion, as it really can change situation to the worse for every person in conflict.
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Old 02-17-2006, 07:16 PM
crazypatsgirl crazypatsgirl is offline
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I happen to know this retoucher as well...

And I have had many problems with her, and her not telling the truth. **** has quite a reputation right now, telling everyone with an email how bad certain photographers are, and how great others are...very unprofessional in my book. It is a tight bunch in pageants, we all know what is going on, and **** has been causing a lot of troubles. I know there has been a lot of eyelash stealing though, so maybe that is why she is upset. I hope you get this worked out *****!

Last edited by crazypatsgirl; 02-20-2006 at 05:21 PM. Reason: Remove Names
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Old 02-18-2006, 06:44 AM
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chrishoggy chrishoggy is offline
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There does seem to be a few sides to this story, but there is one point I would like to make regarding professionalism.
I would like to say that(and I am not pointing fingers at any one person), discussing business matters of any kind on a public forum is unprofessional. grafx did ask a general question with no names, but it has now turned in to a discussion about personal opinions on the photographers and other retouchers actions. Not only is it bad practise to get involved in business disputes, but it can get very messy for anyone offering up an opinion.

grafx, if you are happy with your actions over the Email, then that is the correct action for you .
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Old 02-18-2006, 07:30 PM
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Ed_L Ed_L is offline
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Good thinking, Chris. Early on, I saw the direction this thread might take. So I kept my keyboard very quiet.

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Old 02-19-2006, 05:59 AM
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chrishoggy chrishoggy is offline
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Early on, I saw the direction this thread might take. So I kept my keyboard very quiet
Same here Ed. It may be advisable for all members in this thread to remove any names or references to the people involved . I was on the wrong end of a dispute between two antique traders many years ago, and lost my business and good reputation because of it. It really isn't a good idea to get between two people in a dispute
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