How to handle this situation?

grafx · #1 12-07-2005, 04:57 AM

I had a photographer that I worked for a year ago contact me and ask me if I could help them out. They had a deadline for some retouches that their current retoucher could not make. I took the job and retouched as per the photographer's specific instructions.

It was an incomplete order, some photos of the same person had been done by the other retoucher and others left unfinished. I had to make them look just like the other retoucher's work to match the rest of the order. The photographer even comped out copied parts from one photo to go on an other (of the same person) to help match them in a short amount of time.

I now receive an email from the previous retoucher questioning my work and wanting to speak with me. They asked me to keep the email secret. They even went as far to try calling me (I have caller ID)

I found this all very unprofessional. I have had photographers use other retouchers than myself and I have NEVER went out seeking them. I figured it was just a personal preference of either working style or habits.

I did not respond to this person, but instead forwarded the email to the photographer. I believe it is their responibility to explain their actions to the other retoucher.

Did I handle the situation correctly? I don't play cloak and dagger games. If someone hires me I do the job, but what then if that person wants to keep using me? That is the problem I think.

S.

Cassidy · #2 12-07-2005, 06:49 AM

grafx, don't take it personally by any means, you were contracted by another, not the other retoucher, so you have no obligation to the retoucher. Can't help feel however, that this must put a damper on you psychologically. Hate lies, deception and covert moves personally.

twinkissed · #3 12-07-2005, 07:02 AM

I think you handled it just fine. If I were the photographer, I would like to know about it. Plus, they need to take their issues up with the photographer not you.

MargaretM · #4 12-07-2005, 07:09 AM

You handled the situation perfectly. Very unprofessional and immature behaviour by the other retoucher and certainly something the photographer would want to know about. There are some crazy people out there. The trick is not to be one of them.

Hunter · #5 12-07-2005, 08:11 AM

Was this type of situation stipulated in your contract with the photographer? If not, you might want to put language to the effect of how you handled it into your contract.

emarts · #6 12-07-2005, 11:24 AM

Did you ever find out what that retoucher wanted? Maybe they just wanted some advice on how you did a prticular thing.

faustina · #7 01-10-2006, 12:24 PM

The retoucher is a friend of mine... The photographer left her high and dry with a balance of nearly $800. When she wouldn't continue to work for her without payment, the photographer went to Sarah. Probably giving her some story about how her retoucher couldn't get the work done, which was a lie. The email was not unprofessional in my opinion. She had found out that Sarah was asked to use parts of her completed retouches on new photos and wanted to know why. And let me add that the photographer still has not paid her!

Marthig · #8 01-10-2006, 01:08 PM

Two common phrases:

It is a small world ... and
There are always two sides to a story.

Sarah - I think you acted correctly, since you were not aware of the other angle.

Faustina - Good thing you could add some information regarding the apparently mysterious attempt to contact Sarah.

Hope you can sort this situation with the other retoucher Sarah.

Regards - Martha

faustina · #9 01-10-2006, 01:24 PM

You are right, there are always two sides. It's just hard to read that someone you care about is unprofessional and immature knowing it's not true. She worked with this photographer for over a year producing outstanding work and gave her ample time and opportunity to pay the balance. The email to Sarah was only after multiple attempts to set things straight with the photographer and only receiving silence.

briarrose · #10 01-10-2006, 01:50 PM

And you are quite right to defend your friend--and remind us all that things aren't always what they seem.

I would have to agree that given the information that Sarah had, that she acted correctly--and that the advice she was given was reasonable, as well as professional.

If something is likely to come down to a he said/she said sort of situation, it is reasonable to assume that you'll show loyalty to the party you know, and have some frame of reference for, as well as reasonable to assume that you'll show loyalty to your employer, until you have evidence of your own to show that they're untrustworthy. Even the best of people can have problems and behave very poorly indeed, in the right circumstances--just ask anyone who's ever been caught between two friends in the middle of an acrimonious divorce! :-/

Perhaps the lesson we all can take from this is that we can offer good (or bad!

) advice...but lay off the "editorial comments", unless we have all the facts!

BTW--enjoyed your website, very much! (I especially liked the little moppet with the puppy, in your "Love" section!

))

Maa · #11 01-10-2006, 02:20 PM

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.

Maa
Sorry for my bad english but I hope I made myself understandable.

grafx · #12 01-10-2006, 02:34 PM

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.

RL Design · #13 01-10-2006, 03:22 PM

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...

NancyJ · #14 01-11-2006, 06:40 AM

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.

OnAir · #15 01-11-2006, 07:46 AM

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.