I am posting this as a cautionary tale, and don’t need any specific advice, but I am very interested to hear everyone’s feedback, similar stories and/or opinions.
My wife and I consider ourselves semi-professional photographers. We don’t make our living with photography, but we do get paid for the occasional fine art print or agree to shoot the rare event and have a registered legal business. Twice now, we’ve done photographic favors for different neighbors.
Last year I spent three nights shooting an adult amateur hockey league championship series for my neighbor who plays for one of the teams. I was asked to shoot this event and I thought: “here’s a great opportunity to work on my action/sports shooting with my long lenses in controlled light and get great access to the ice”. I agreed I wouldn’t charge a fixed price for the work (my neighbor said they’d take a collection in the locker room), publish the results to an easily accessible website and that if he or any of his teammates wanted prints of the work, they’d pay me for that effort. I took about 4500 shots of the games, the subsequent celebration (their trophy is a replica of the Stanley Cup, so a great deal of hoisting and kissing was involved) and team shots.
For post production, I culled the lousy shots, making sure there were at least 3 or 4 action shots of each player and a complete set of the celebrations, added our watermarked logo and copyright information and posted them to Flickr. There were about 600 shots posted. Within hours of my posting I got a ton of complaints that using the Flickr website was “too much trouble” so I made a DVD of the shots and gave it to my neighbor. That wouldn’t read on his older computer, so I made a set of CDs for him. Those wouldn’t read on his computer, so I did another two sets (with the same method and settings).
A few of his teammates asked me to remove our logo and copyright info and e-mail them the shots because they didn’t want “fancy prints”. In the end I spent more time doing post production work than shooting and never saw a dime – and somehow I was vilified as an opportunist for spending my time documenting and producing photos of their games for free because I had posted the photos with a watermarked logo and copyright statement. Lesson learned, I still got some great experience both on the ice and in dealing with people, and the neighbor and I are still quite friendly.
A few weeks ago, another neighbor invited my wife, daughter and I to their son’s first birthday party. She and her husband had admired our work previously and we thought as part of our gift to them we’d both shoot the party so they could focus on their kids and still get some great memories. We had no intention of getting paid for anything, we were just trying to do something special for them. To be totally fair, we didn’t tell them we were doing this, we showed up with our cameras and they were thrilled that we were going to shoot. We shot the party for two hours, and got some good shots of all the children, and even some of the parents. There were no objections or concerns raised at our documenting this event while it was happening.
A week afterward we got a thank you card from the neighbor in the mail, stating she couldn’t wait to get a link to see the shots. We did our usual post production, culling the bad shots, adding our watermarked logo and copyright information and posted the shots to Flickr, about 120 in total. The neighbor originally asked us to just put the shots “on our website” so her friends wouldn’t have to “join” a particular photo service to see the shots. The neighbor loved the work and forwarded the Flickr link to the party-goers telling them to let us know if they’d like any of the files sent to them without the logo and watermark for their own use.
Yesterday we got an e-mail from the neighbor that one of the other party-goers is concerned because “she wasn't aware that photos of her and her kiddo were going to be used commercially and the copyright and watermark logo concerned her” and that they want us to take down the Flickr gallery, strip our logo and copyright information from the photos and then post the images on the Internet some other way that was “not a link in the general public’s domain where they might be considered as commercial”. Again there are unsubtle implications that vilify my wife and I as opportunists for spending our time documenting and producing photos of this child’s first birthday for free and posting the photos with watermarked logos and copyright information.
My wife replied to the neighbor that the logo and watermarks were there as protection to deter unauthorized use of the images and that the use of the logo and copyright statement don’t imply commercial use at all and that we’ll remove the photo sets at their request. I can’t wait to see what kind of extra work is going to be requested in order to appease the mob on this one.
We’ve reviewed the legalities of shooting a party and have found that we’ve not violated anyone’s rights by posting these photos for their own consumption and that the use of our logo and copyright statement on the photos is in fact a great way to protect the party-goers from any unauthorized use of their images.
I find that I am very frustrated by both of these circumstances because in both cases what were being done as favors, at no cost to anyone, have resulted in a great deal of unanticipated effort, hassle, and most disturbingly, vilification of my wife and I for trying to protect our work. My initial reaction is to say “we won’t ever do that kind of favor for anyone ever again”, but we’re not that kind of people and I know we’ll inevitably be in this situation again.
Am I missing something here?
Ty Robbins