Hi all, first time posting.
I have been contracted my a web design company to do a shoot for a nursing business. I have sent the images to the web company and now the nursing business has emailed me direct and asked for copies of the images... Do I just give the images to them or do I charge them for copies that they want?
What's the common set up in these instances? Do I stand to make more money from this transaction?
The nurse business are paying the web design for the whole package and the webs design pay me for my services.
Any help or advice would be much appreciated!
I would tell them that the images where work for hire on the part of the web company. It wouldn't be fair to give away something that someone else paid for.
Good point. Thanks for the comment!
the Web Design company was working for the nursing business?
were they making the web sit or some other job fot them?
if so the nursing business should hask the web design company for the images.
(assuming you're in the US, I'm no legal professional) Depends on your contract. Were you hired by the web design company on a "work for hire" agreement? If so then the web design company owns the rights, if not then you own the rights unless you mentioned they own it in the contract. If you're sure you own the rights fully then you can offer them a licensing deal. Common setup is charge per image based on specific use for term of use (time), generally the lesser known photogs sell unlimited use for lifetime, which is okay sometimes for certain clients like a nursing home, if they hired you already for shooting the place then I'd include it (depending how much I charged them). Also the web design may provide the images, depending on their terms of use, contracts, etc. they have with them, and the contract you got with the web design company.
Thanks for the reply and your time!
Well, I'm just starting to make photography a business venture and this job is through an acquaintance so there was no contract written up at the start. I guess you could say I was hired by the web design company
(acquaintance) on a "work for hire" verbal agreement.
You mention that lesser known photogs charge unlimited lifetime licence. I'm in Tasmania, a small island off the bottom of Australia. I've asked around other photogs who have been doing it for many years down here and they all kind of agreed that no one really charges licensing of images as it's not common place and feel that no one can really get away with it... I guess being a smaller place, if no one does it then someone tries to start doing it the client might go somewhere else for the work...
In your case and geographic area then yea I would give it, heck I'll offer a barter for advertising space to their market (which may be very low since it is a nursing home, but its something at least) on their property/website, social media, etc. They should be fine with that, it shouldn't cost them much hardship or money by doing that.
Your most important commitment should also be to your client-the one who paid you. If you signed a contract there will probably be some legal restrictions to limit the distribution of images to others. Proving something to others that a client paid for will probably piss them off. There will often be other participants in your work who want or feel entitled to photos. The right approach is to send them to the client to get the images, or at least ask the client if they mind you providing the images directly.
You need to treat your clients like rare diamonds and protect your work. If another participant gets pushy, they can always hire you for a separate photo shoot.
Thank you for the comment scott. Clears things up a lot!
Greetings
What does your contract say? How does it read? Does the web design company own your work or do you? If you own your work you could resell your images. You may want to talk with the design company first and see what they say, how they feel about it.
Good Luck
Roger
I hate to harp on about it but this is why you need a contract (you can get simple free ones online) for every shoot you do. Your contract with the web developer should have spelled out if they can share the images with their clients and let your client know if you intended to use the images for other projects (exclusivity rights). I know your situation seems unlikely but what if the nursing home is owned by a huge parent company that publishes your shots internationally and you've given the images away free with no contract? What if your friend hears that you've given away the images they paid you to produce and they feel cheated? Word of mouth can be important, especially in a smaller community.
I've been asked to shoot at a party for a friend in a couple of weeks, super low key, people I've known for 25 years and I've got a signed contract...
Even if you talk to your friend and they're cool with you giving away the images for free get a contact with the people you're giving them to detailing how and where they can use the images.
Check into Creative Commons licensing as a way of agreeing to terms of use. They're a good easy starting point.