# I need advice quick!!!



## mel1604 (Dec 10, 2016)

I received a call from a local organization that they wanted to have head-shots made of their members.  There would be 30 to 40, taking approximate 3 to 4 hours and would like for me to bring my lights and backdrops to their offices for the shoot.   (NO PROBLEM SO FAR)   

But here's the kicker....they want me to let them sell the head-shots to the members so they can make some money.   (1)  Wouldn't I have to have permission from the subject to let the organization turn around and sell it to back to them?  (2)  I know that this could be a high volume sell but I think they are expecting me to sell this to them for very little  (3) I am just concerned about the legal repercussions this could bring about.

Please tell me what would legal way to handle this.  Thank you.


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## astroNikon (Dec 10, 2016)

How much are they going to pay you, regardless if they sell any photos to the members?

You have a fixed cost / time / effort into this.
They have some profit margin and the "sales" aspect of it.

sounds odd to me.

Not sure about the contract aspect of this. Do they have a contract ?
You'd be like a 1099/in-house photographer .. like any photo shop out there.


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## KmH (Dec 10, 2016)

The legal repercussions that _may _apply will vary depending what country/state you are doing business in.

To go, set up, and shoot 30 to 40 head shots at their location would cost them a minimum of $1800 if they called me before I retired.
Licensing of my images for re-sell would be an additional charge.

Here in the USA, selling prints of photos in a low volume and minimal distribution is a editorial use and does not require a release from any people in the photo.
In fact editorial prints can be sold for large amounts of money, $10s of thousands of dollars, if one can get that much for the prints.
Nussenzweig v. DiCorcia - Wikipedia
Mass production and wide-spread distribution of prints, at some undefined point, becomes a commercial use and does require permission of people in a photo.


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## vintagesnaps (Dec 11, 2016)

Sounds odd to me too... I don't quite get an organization having head shots done of their members, and then trying to sell them back...??? 

I don't know if this is a nonprofit or a business, but I'm just trying to figure out the purpose of the head shots in the first place. Only thing I can think of is a church directory, where photos are taken for the directory, and then if church members want to buy photos they can purchase a package of prints. Similar to school photos for the yearbook, and students' families can purchase photo packages. I think with those situations the church or school would be paying a photographer to provide the photos for the directory or yearbook, then the photographer would sell print packages. 

Try http://asmp.org or PPA and see if you can find anything similar to this. I would guess if the situation was something like the church directory or school yearbook and this organization wanted to sell the print/photo packages, the photographer would have to charge way more to license such usage than just for providing head shots because they'd be using your photos to make money. Of course if this was a charity you wanted to support you could consider donating the service or work.


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## mel1604 (Dec 11, 2016)

Thank you both for you reply.....it is the Chamber, located in Texas.  I don't know why they are charging their members.....maybe a perk to get more people to join?  Not sure I am going to be talking with them tomorrow.  That's why I need some info quick.


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## Peeb (Dec 11, 2016)

Do you have a standard release form for subjects to sign?  If so, what does it say?


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## astroNikon (Dec 11, 2016)

Charge their members for photos as a "perk" to join?
interesting.


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## Gary A. (Dec 11, 2016)

My initial response would be that you are not libel for what the customer does with the images.  That is between person captured in the images and your customer.  But now that you are aware of what the customer plans to do ... and you still provide the customer with the images ... now you are a party to the action.  I think this would be true in any situation.  

Now it gets complicated because the customer is the second party, not the person in the image.  So I think you would need properly constructed/worded agreements with both the customer and the people you shoot, in order to avoid any liability that your customer may create by reselling the images.

I'm not saying that the Chamber will do anything criminally or civilly wrong, but, as you are in the middle between customer and subjects, you most likely need agreements with all parties in order to cover your butt downstream. 

Good Luck.


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## vintagesnaps (Dec 11, 2016)

So the Chamber wants to use the photos how?? for their website or what? I'm just trying to figure out why they're having the photos done. Then I guess they want to sell members photos that they could use for their own member business websites etc.??

It's giving me a headache so I'd probably pass. 

Maybe besides resources like ASMP try looking up other Chambers in your area just to see what they have on their sites? I don't know what else could help you figure out how to work this because I just don't get it, why they're even having the member businesses come in for head shots in the first place.


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## KmH (Dec 11, 2016)

To make money selling the photos, to help that local Chamber of Commerce continue existing.

This is *not* a good deal for the photographer.


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