Evil photographer?

Kimberly Dow · 11-19-2003, 07:11 PM

I just recently had requests for prints on a painting. I am going through a company I read recommended by someone here, Crimson Atelier.

I had the painting professionally photographed digitally and sent off the CD. The photographer charged me $100 for about 15 minutes of work. He kept resizing it on his computer when I clearly told him not to. He is older and a know-it-all.

I do not know yet if the digital files will work for the Glicee, I'll find out soon, But, the photographer said he wanted to ask his printer to make a print the size I am getting - a photographic print - so he could show me and maybe this would be a low-cost alternative. I shrugged and said I didnt mind - just to see.

So, I go in there today. It's not something I could sell, but I may use this one to show the size the print will be when they come in since I am taking orders now. What has me spooked is that the photographer really was pushing me - trying to get me to order some and he would get a cut. Not only that, but he asked me to pay for this print I did not order.

I won't order anything from him, but I am concerned about him having my files. I made one comment about something and he rushed back to the computer to see about it. I do not want this guy making any more prints! This man is a professional and he knows all about copyrights. This is a small town and the painting is getting a lot of press. He is making me nervous - I do not trust him.

Because of all this I think I will take this photo print back to him and tell him I do not want it. So, can I ask him to destroy it? He paid for it, but I did not ask him to. I did verbally give him permission to try it once - so where do I stand? It's my image in all ways - do I need to pay him so that this one print is not around?

This is my first time trying prints & this guy has me ticked.

Leslie Ficcaglia · 11-19-2003, 07:27 PM

I'll be watching this thread with interest. I had some gicl

Terri Ficenec · 11-19-2003, 09:47 PM

Kim... I second what Leslie said.

Quote:

He kept resizing it on his computer when I clearly told him not to. He is older and a know-it-all.

I think you are right to be concerned about this guy - he sounds like bad news! I'd make sure that he knows that YOU know your protections under copyright law and that you won't be intimidated or manipulated! Maybe you want to happen to have a friend along (as a witness) when you go to chat with him.

There's a lot of copyright info available on the web if you want to brush up on it...
http://www.templetons.com/brad/copymyths.html

Good Luck!

Michele Rushworth · 11-19-2003, 11:22 PM

You own the copyright on your work unless you specifically sign it away to someone. If unauthorized prints of your work show up anywhere you have the right to take legal action.

Whether you should pay for the one print he already made would depend on what was agreed upon when you took it with you.

Chris Saper · 11-19-2003, 11:41 PM

Do not return the print if you didn't order it.

File a written copyright with the US Copyright Office immediately, and send it by trackable mail. Your copyright is considered effective on the date of the postmark. It only costs $20. (last time I filed anything).

Send him, in writing, (return receipt), your notice that you hold copyright to your image and in no circumstance is he permitted to use it in any way whatsoever, without your express written permission.

Kimberly Dow · 11-20-2003, 10:47 AM

Thanks everyone. I am going to file the copyright today & speak to him. Make sure he knows I know my rights.

Valerie Gudorf · 11-29-2003, 01:54 AM

I'm confused. I read once that an artist owns the copyright to his or her original art work from the moment it has been created. However, if he or she has that work professionally photographed, the photographer owns the copyright to that photographic outcome. Unless the photographer signs a release, he may legally prevent you from using his print or transparency to make reproductions such as prints or giclees. Can someone elaborate on this?

Leslie Ficcaglia · 11-29-2003, 08:29 AM

This is correct, Valerie. Because the products of photographers are also considered intellectual property, there's a grey area which can create this kind of snafu. That's why it's a good idea to have the person shooting slides or digital pictures of your work sign off and acknowledge that he or she can make no use of his or her versions of your images and that you retain full copyright.