Need some advice on how to handle a client

[Big_Jim]

Here's some background:

I do photography for different bars in the Philadelphia area. They pay me to shoot photos for their facebook, myspace, and websites. Every Friday night, I shoot a different band at the one bar I work at. All bands are hired through a booking agency.

I shoot photos for the bar's sites, of the bands. I come to find out today that the owner of the bar is sending my photos over to the booking agency and they're distributing them to the bands. I've never given permission for the owner to do this, nor the booking agency. When I introduce myself to the bands weekly, I tell them where the pictures will be, and not to grab them off the FB/MS/website, only to tag themselves in it. So far its been working wonderfully.

Basically what I'm asking is do I have a leg to stand on by telling the owner not to distribute my photos without my consent, or asking the agency to pay for the photos?

Never really ran into an issue like this before.

[97TurboDSM]

If you're under contract with the bars you will have to go through and make sure that it doesn't say they are able to do what they want with them after they are given to them by you. If all checks out there, you absolutely have the right to have the photos returned/taken down from wherever they were posted and you have to tell the bars that they are not able to do that and if need be have another contract written up.

[i like rice]

Post a sample of your contract.


Below is a binding agreement that limits their rights and usage to a specific publication, requiring my authorization for anything above and beyond what is stated.

Here's one of my recent contracts:


I hereby give to Andrew Romanowski authority and permission:

a) the restricted right and permission to copyright and use, re-use, publish, and republish photos from Le Belle Macchine d’Italia from the dates of June 26 and June 27, 2010 in the publication La Vita Lamborghini.

b) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

c) any use other than what is listed above will require written permission from the copyright owner, Phuong Tao

[Big_Jim]

I do not have a contract with the bars, its always been on an as needed basis (which turns out to be a couple nights a week)

[i like rice]

If you're providing photos to them without a contract, it's something you might want to reconsider. They are using your photos without proper consent but if you fight this, you'll most likely get black-balled within their industry.

[97TurboDSM]

just tell them that since they are using you quite frequently you think a contract would b a good idea for both parties. if they agree, write in what you want

[tomustang]

Originally Posted by Big_Jim

I come to find out today that the owner of the bar is sending my photos over to the booking agency and they're distributing them to the bands.

So basically what you said is the bar owner sent the photos to the agency to give to the bands, I see nothing wrong. However, if the bands/agency is using the photos for posters or anything with financial gain, then you have a leg to stand on