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Thread: Is it fair?

  1. #1

    Default Is it fair?

    Can u guy pls tell me whether is it fair...

    Pls go to www.brashoppe.com.sg and check out Jolin and my lingerie photos..

    To tell truthfully....we charge this client very very little and miserable rate for this lingerie shoot...

    When we request to get back the photos from the photographer (client and him have no relation) who owns a studio....

    He is giving us 2 A4 photos for free but...

    He is charging us 20 photos for whopping $200!!!!

    Do u think he overcharge???

    I dun mind paying for a fee but i think (not too sure) he is also using our photos (he did took some casual shots of us with this shoot) for his makeover promotion at his shop....

    We are not normal people who go to his shop and choose to take a makeover package....

    Seriously, if I really wanna do a makeover, i would have consider a better photographer and a better co, right?

    Any advise?

    P/s: I am seriously angry and on fire....

  2. #2

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    P/s: And this is the first bloody time we are being charge for photos i did for ad...

  3. #3
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    If you were paid, the rights belong to the employer in this case. You have no rights to demand for the images back.

    Unless there was a clause that says you are supposed to get a copy back for personal keeping. Else... doesn't matter you were paid $1 or $10 or $100000000.

  4. #4
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    Erm ....espn is right .... sayang sayang little apple ..

  5. #5

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    Quote Originally Posted by espn
    If you were paid, the rights belong to the employer in this case. You have no rights to demand for the images back.

    Unless there was a clause that says you are supposed to get a copy back for personal keeping. Else... doesn't matter you were paid $1 or $10 or $100000000.
    Quite right, standard practice is for photo ownership to stay with the client. What did it say in the agreement?

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    You might want to read up on Darren's post on IPOS - http://forums.clubsnap.org/showthread.php?t=123462

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    I agreed with Espn. Unless there's a clause in the contract to say that you are entitled to the photos, else you can't request for a copy of the photos. I'll say, let the photographer keep the photos, ask for the lingeres instead...

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    Quote Originally Posted by eric69
    I agreed with Espn. Unless there's a clause in the contract to say that you are entitled to the photos, else you can't request for a copy of the photos. I'll say, let the photographer keep the photos, ask for the lingeres instead...
    OT: Then I'd rather return the images, cheaper

  9. #9

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    Look at it this way. As a model, you get free, erm, exposure from the internet website. I'm sure all the photogs will be lining up for a photoshoot with Jolin, no? Can make back $200 easily what.

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    Quote Originally Posted by espn
    OT: Then I'd rather return the images, cheaper
    Hey, I'm not joking leh, I did fashion shoots, where the models usually get to keep the clothes that they modelled! It's quite a common practice in the industry.
    Last edited by eric69; 31st March 2005 at 05:47 PM.

  11. #11

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    the client and the photographer is different person comany...

    I never say i wont pay but the charges is a bit too much, right?

    I believe he had already charge my clients for the photos and now he is charging us again...

    To be truthful....i wont want the photos back if things are like that..

    we can do lingerie shoots and get paid instead and even with the cd back from 99.999% of the kind photographers i work with in CS (those who i work with have not let me down before)....

    I tot i can choose the photos myself, put it in my portfolio and add his company's name in my portfolio...

    When i show it to my client, is also good for him, right?

    I do that to every of my photogrpahers, that's why i would want the CD back...

    But with such commercial charges, u think is fair?

  12. #12

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    Quote Originally Posted by StreetShooter
    Look at it this way. As a model, you get free, erm, exposure from the internet website. I'm sure all the photogs will be lining up for a photoshoot with Jolin, no? Can make back $200 easily what.
    is not the money....thankyouverymuch..

    Why should i pay such a rate for some photographer i not known off???

  13. #13

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    BTW....

    The photos he is selling to us is not the the hard copy ok...


    IS A CD WITH 20 PHOTOS AND CHARGING $200 PER CD!!!

  14. #14
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    It's not a matter of fair or not. This is a commerical transaction. You get your money, the photographer get his job done. You want the photos, agree so in the agreement piror to signing. If you wanna work in this industry, be professional about it.

    I see nothing wrong with him charging you $200 for 20 photos. Some of my colleagues in the fashion industry charge much more.

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    Default Dpepends on contract

    Quote Originally Posted by poisonlady
    Can u guy pls tell me whether is it fair...

    Pls go to www.brashoppe.com.sg and check out Jolin and my lingerie photos..

    To tell truthfully....we charge this client very very little and miserable rate for this lingerie shoot...

    When we request to get back the photos from the photographer (client and him have no relation) who owns a studio....

    He is giving us 2 A4 photos for free but...

    He is charging us 20 photos for whopping $200!!!!

    Do u think he overcharge???

    I dun mind paying for a fee but i think (not too sure) he is also using our photos (he did took some casual shots of us with this shoot) for his makeover promotion at his shop....

    We are not normal people who go to his shop and choose to take a makeover package....

    Seriously, if I really wanna do a makeover, i would have consider a better photographer and a better co, right?

    Any advise?

    P/s: I am seriously angry and on fire....
    Hi Poison Lady, I think legally speaking, he has every right to charge you for the prints, and I must say $10 a print, assuming it is touched up is not bad, I charge way more than that for a retouched image, so to me, $10 is pretty cheap.

    However, what you may really want to look into is that the contract you signed with the photographer, did it contain a model release solely for use with the lingerie store only? If it did, then he is in violation of his contract by using your images for uses other than advertisements for the lingerie store. If you had signed a universal release form, then you're S.O.L

    If you are new to this industry, I would advise you to get an agent/rep and possibly a lawyer to handle future contract negotiations if your agent doesn't already provide access to one.

  16. #16

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    It's not about fair or not... In business no such thing. It's about reading the contract before signing. You have so many photographer friends here but still so blur... sigh...

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    Quote Originally Posted by benedium
    It's not about fair or not... In business no such thing. It's about reading the contract before signing. You have so many photographer friends here but still so blur... sigh...
    Haha Ben, that's a good one.
    Last edited by eric69; 31st March 2005 at 06:01 PM.

  18. #18
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    Normally I don't want to get involved in such discussions, cos 'tis very obvious.. but...


    --

    the client and the photographer is different person comany...

    >> You got paid. Period.

    I never say i wont pay but the charges is a bit too much, right?

    >> Who are you to say it's too much? Want to know how much I charge?

    I believe he had already charge my clients for the photos and now he is charging us again...

    >> That's beside the point, you sold the rights when you took payment, he has each and every right to resale it the way he likes it, that's fact.

    To be truthful....i wont want the photos back if things are like that..

    >> Then don't complain. Sorry if I sound harsh.


    we can do lingerie shoots and get paid instead and even with the cd back from 99.999% of the kind photographers i work with in CS (those who i work with have not let me down before)....

    >> That's if you ask nicely, and very dependant on the photographer, if I paid for the shoot, I have *ALL* rights to refuse any returning of images.

    I tot i can choose the photos myself, put it in my portfolio and add his company's name in my portfolio...

    >> Nope... the photos belong to him, you have no rights. You can however place a link to his website.

    When i show it to my client, is also good for him, right?


    >> Not to him, the calculations & after effects don't work this way.

    I do that to every of my photogrpahers, that's why i would want the CD back...

    >> Like I said, it's subjective, if it's a free shoot, I would return, but if it's paid, I most likely will not. IT's out of goodwill if CS people return you the images

    But with such commercial charges, u think is fair?

    >> It's cheap my dear, you won't want to know how much I charge to return negatives

  19. #19
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    What is past is past. The crux of this discussion is that the next time you have a transaction, make sure it's on terms that you can agree with. And a commercial transaction is only unfair if the terms of the contract fall under the UCTA. So no point discussing about it. And actually, it's quite common in the commercial/fashion industry for photographers to earn more than the models that they were shooting, and some of these income are from royalties for the pictures.

  20. #20
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    Quote Originally Posted by poisonlady
    Can u guy pls tell me whether is it fair...

    Pls go to www.brashoppe.com.sg and check out Jolin and my lingerie photos..

    To tell truthfully....we charge this client very very little and miserable rate for this lingerie shoot...

    When we request to get back the photos from the photographer (client and him have no relation) who owns a studio....

    He is giving us 2 A4 photos for free but...

    He is charging us 20 photos for whopping $200!!!!

    Do u think he overcharge???

    I dun mind paying for a fee but i think (not too sure) he is also using our photos (he did took some casual shots of us with this shoot) for his makeover promotion at his shop....

    We are not normal people who go to his shop and choose to take a makeover package....

    Seriously, if I really wanna do a makeover, i would have consider a better photographer and a better co, right?

    Any advise?

    P/s: I am seriously angry and on fire....

    I had seen some of ur posts..I must say I really admire ur courage of posting ur own lingerie pics online...esp in this kind of forum where we have >10000 members which is dominated by the male species.

    I had heard that some of the professional models even requested the photographers not to post their pics, unless with their approval.

    Not many gers would like to publicize themselve in this way, aren't they? Do u agree?

    I supposed u r unique then.

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