# Client broke contract, stole images now what?



## jess28 (Aug 9, 2009)

Long story short, I am contracted to do a very informal tiny wedding this coming Saturday.  I have a contract with the couple.  First line of the contract they both signed stated I own copyright to all images, not to be reproduced or distributed in print or digitally without my explicit written permission.

I did a free engagement session when they booked the wedding, and took their 50% non-refundable deposit to hold the date.  Posted the portraits in a gallery on Backprint for them to order from.  They ordered one poster sized image and that was all so far, asking for an extension on the order deadline citing budget difficulty because of the wedding (which I did)

I met with the bride this morning and went over last minute details.  This afternoon I discovered the bride has circumvented my watermarks and posted all of the engagement pictures on Facebook.  (Apparently there is a glitch on Backprint where you can view the portrait without the watermark to custom crop, something to take up with them on Monday)

I contacted the bride who also admitted they tried to print at home, but images printed with the watermark.  She admitted to posting the pictures and said she knew that was unacceptable based on the terms of our contract.  She made no apology, but did say she would take them down.  I also contacted Facebook to make sure they are taken down.

Anyway, I don't know where to go from here.  I have only sold digital files once, at a fee of $50 per file.  She took 37 files.

I now believe she would do the same with any images from the wedding, since she seems unapologetic and says she knew it was breaking our contract to do it the first time but did it anyway.

Now what???


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## KmH (Aug 9, 2009)

People are simply astonishing.

Raise your prices 50% so you attact a differerent clientel.

What pixel dimensions are the digital files you sell? 800 x1000? (8x10 print at 100 ppi) the native resoultion of your camera?

Are you still going to shoot the wedding? Have you been paid?


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## jess28 (Aug 9, 2009)

Thanks for the input!  I have only sold one digital file, it was an agreement to sell the one file in exchange for being credited as the photographer in the brochure.  It was a high res. and one time thing, not for this client. Other than that I have refused to sell digital files.  

I am wondering if I can back out of the wedding now, because this breaches our contract.  If so what are my obligations?


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## UUilliam (Aug 9, 2009)

Add a line to your contract:
If we find you or if you force any one else to have broken anything in this agreement we will automatically cancel all Pending events without a refund.

as for the event you are set to do, I would tell them they can only order prints from you via phone call or face-to-face as a result of the recent breach of contract, None of the images will be placed online (or they wont be given the link to the images)
and you will let them off with the breach this time, but any time in the future you find they have breached the contract / broken copyright laws, you will take it to the courts.

If you feel so strongly as to object to photographing the wedding, you can tell the couple, as they had broken the legal agreement which they both signed and understood that you are now backing out of the wedding and they will not recieve a refund as breach of contract or if they wish to keep you as the photographer, they can pay you a good will gesture of 25% of the deposit price. (e.g. if the deposit is £100 then they pay £25.)


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## jess28 (Aug 9, 2009)

Forgot to answer one, I have been paid a 50% deposit.


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## KmH (Aug 9, 2009)

jess28 said:


> Forgot to answer one, I have been paid a 50% deposit.


It is unfortunate you call it a deposit and not a retainer. As a general rule a deposit has to be refunded but a retainer doesn't.

And you get the other 50% before the wedding, right? When is the wedding?

I take it you expect to sell prints after the wedding?

Since she took the purloined images down I would say the contract is still in force, at least from you side.

Now, is when your skill at acting will come in handy.


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## jess28 (Aug 9, 2009)

Keith- Yes the other 50% is due before the wedding.  She took the images down, but admits she has them saved on her computer for printing.


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## KmH (Aug 9, 2009)

jess28 said:


> Keith- Yes the other 50% is due before the wedding. She took the images down, but admits she has them saved on her computer for printing.


 There is nothing you can do about that.

Have they paid for the engagement images? *and when is the wedding*?


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## jess28 (Aug 9, 2009)

The wedding is this Saturday.  The engagement session was free with the booked wedding.  They ordered one print in poster size.

Would this email be appropriate to send

Dear Client,
Thank you for taking the portraits down, and for your honesty on the phone with me. I hope you can understand my frustration with the terms of our contract being breached.  The third section of the contract you and your fiancee signed states the images are copyright protected and not to be reporduced in any manner without written permission.  The website the portraits were taken from also clearly states several times they are copyright protected and not to be reproduced. 

Digital files are a source of income for me.  At $50 per digital file the 37 images you copied would be work product of $1850. 

An amicable resolution here seems to be that I will be unable to post the portraits from your wedding online.  We can set up a time for a face to face meeting for you to review the images and place orders.  This will make sure that we are both covered.  The only other solution I would see would be payment for the high resolution digital files you currently have saved on your computer, at which point I would be able to post future portraits for online review, with the understanding that they are not to be copied without written permission.

Please let me know what direction you would like to go with this.


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## jess28 (Aug 9, 2009)

Also, in the contract it is referred to as a retainer.  Sorry!


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## KmH (Aug 9, 2009)

Do you have E&O insurance?


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## jess28 (Aug 9, 2009)

No (which I know is a mistake on my part) I do have a section in the contract that states my entire liability for any reason, which specifically mentions errors, omissions, equipment failure or inability to attend among other reasons, is limited to refund of amount paid.  

I am not dead set on not shooting the wedding.  This close to the date I don't want them to be without a photographer any more than I want to be known as the photographer who backed out at the last minute.

I am however very concerned about posting images online for them to copy again.  I am considering sending the above email and hoping they agree to face to face review of images, or tell me they no longer want me service.  The contract covers no liability on my end should they cancel.


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## KmH (Aug 9, 2009)

jess28 said:


> The wedding is this Saturday. The engagement session was free with the booked wedding. They ordered one print in poster size.
> 
> Would this email be appropriate to send
> 
> ...


 
#1. Federal Copyright law (yes, copyright infringement is a Federal offense) allows for damage awards of up to $150,000 per image for willful copyright infringement, $5.5 million for 37 images.


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## jess28 (Aug 9, 2009)

Thanks!  I'm sending it now, we'll see what happens.

I really do appreciate all of the advice!


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## KmH (Aug 9, 2009)

I wouldn't trust them again even if they pay for the 37 at $50 per.

I would make them proof in person, or provide watermarked 4x6's for proofing.

The deal is never put hi-res images online. Nothing over 600 pixels on the long side.

*Whatever you put online will be stolen.*

Make it a habit, if you don't already, to frequent bride's forums.


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## jess28 (Aug 9, 2009)

Yep, looks like I am learnign that the hard way.  I online upload high res on Backprint so they can order without me having to upload anything.  Apparently Backprint has a glitch that when you add an image to your cart it removes the watermark so you can choose a custom crop for the one you order.  From there it can be clicked and saved.  

On the plus side at least she told me how she did it so I know from now on.  I was wondering how she removed watermark from across the entire image.  

I also think in person proofing is a great idea, and will be going with that.  

Form now on I will make sure only low res goes online and will just go back and upload hig resolution for the ones that are ordered.  Lesson learned.


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## UUilliam (Aug 9, 2009)

KmH said:


> jess28 said:
> 
> 
> > Forgot to answer one, I have been paid a 50% deposit.
> ...



From my understanding a deposit is money that Is put upfront to secure your place, which is then given back to you once you pay the full amount and the event is finished
however if there is any complications on the clients part (E.g. The breach) or if they at the last minute tell you they dont want you anymore
This then causes you to loose a potential client you could have had instead of them therefore you keep the deposit as it has damaged your income for that week 
and you can start claiming that it is to cover admin fees for you cancelling and other stuff like that.


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## musicaleCA (Aug 9, 2009)

Bah. I do hope you cited federal law in your email that KmH noted, so they understand the severity of the offence (hopefully, they'll realize that you're being very, very kind to them by not suing them into oblivion; gotta love the US system of law for such crazy lawsuits).

All of my licenses and contracts contain a clause that makes it null and void if the other party (not me) breaches any of the terms. It forces them to sign another agreement, which I'm free to change in light of their abuse. Not that I've had to use it, but it's there just in case (and hopefully when people read it they think "Better be on my best behaviour").


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## KmH (Aug 9, 2009)

I know several wedding photographers that make their clients initial every single clause in their contract.

I'm willing to bet this marriage doesn't last 5 years.

Please post a follow up in a couple of weeks.


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## benhasajeep (Aug 9, 2009)

I would still cover the wedding.  

But before you post the images or give them a .jpg disk with watermarks.  Make them sign another document that reffers to the original contract that you own the copyright, and that the pictures are copyrighted and include the copyright law.  And have them sign that they understand the law.  And they are not to print their own without the watermark or payment for the agreed upon terms from the original contract.


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## KmH (Aug 9, 2009)

That's a good idea. Call it an addendum to the original contarct.


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## jess28 (Aug 9, 2009)

Thanks Ben, I will definitely do that. 

I sent the email and have not heard back yet. They did initial (and I read and explained in even more simple terms) each clause. I made sure to specifically cover that copyright infringement included copying the pictures for personal use whether prints or online. What was so frustrating is that in the conversation she fully acknowledged knowing it was breaking our contract, even called it "stealing the pics" and wrong, however she offered no apology or reasoning, only said she would take them down. 

I added a password on their gallery as well as my gallery of art prints for sale.  Kind of counterproductive for sales, but I can't get in touch with Backprint to address the security flaw until tomorrow.  
I will have to add the clause about the contract being null and void if they break any part. 

I'll be sure to update.


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## KmH (Aug 9, 2009)

Contracts always get longer, never shorter.

Do you have Tad Crawfords book *Business and Legal Forms for Photographers?*


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## jess28 (Aug 9, 2009)

It is on the way, I've heard a lot of good things about it on here.


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## PhilGarber (Aug 13, 2009)

KmH said:


> jess28 said:
> 
> 
> > The wedding is this Saturday. The engagement session was free with the booked wedding. They ordered one print in poster size.
> ...



So.. If he wants to try and plead his case he be set for life?


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## musicaleCA (Aug 14, 2009)

PhilGarber said:


> KmH said:
> 
> 
> > jess28 said:
> ...



No. Even if you win a case like that, there's no real hope that they'll be able to pay. They'd probably declare bankruptcy, and I think that, depending on the local laws, that would likely mean they wouldn't have to pay (after a certain amount of their assets were liquidated and used to help pay-off the debt). To say nothing of the damage to one's reputation to be the photographer that bankrupted newly weds.


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## raider (Aug 14, 2009)

how professional is backprint??  you should have a lawyer on hand -- how long have you been in business?  the reason for asking is it would be bad if you didn't have all your legalities covered such as all the proper business filings with state and federal agencies and now you're harping on someone breaking the law - just going off some of the other posts, i.e. no insurance, no lawyer, loose ended contract...  just saying, i know there's lots of photographers on here who start prematurely - don't know all the facts.


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## jess28 (Aug 14, 2009)

Raider- Thanks for the concern. I do have proper business filings in place. Not having the insurance is a mistake on my part that I am working toward correcting. I have no plans to pursue wedding photography as primary business, I enjoy working with children, and the more laid back atmosphere of portrait photography much more than adults and the high stress level of weddings. 

I don't think I am "harping" on anything. I have no intentions of suing my client or anything like that. I was, reasonably, angry about my images being used without my permission after clearly expressing in writing that was unacceptable.


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## raider (Aug 15, 2009)

yes, weddings are a beast - good luck to you


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## Jon_Are (Aug 15, 2009)

My motto (seen online somewhere): No brides, no babies, nothing that moves.

Best of luck to you, Jess.

Jon


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## KmH (Aug 15, 2009)

You'll save gas too, since that will really limit trips to the bank to make deposits.


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## lschaaf (Aug 17, 2009)

Good luck with your wedding Jess.  Try not let this affect your shots, I think you're e-mail was well written.  They are only doing what the majority of our clients are doing...they just got caught!

Bottom line, if the music industry with their bottomless wallets can't stop copyright violations, we're not going to be able to stop it and are naive to think (not you Jess, pro photographers in general) that because a contract says no copies, people are going to abide by it.  Heck, 20 years ago I was taking photos of our horrible family portraits and creating B&W prints in my kitchen darkroom.  At the time, I didn't think twice about it.   It's been around for a long time.

So what can we do?  Number 1, like it's been said, don't do online proofs.  I can screen capture almost anything, so if someone has similar software, they can make a copy to e-mail grandma, watermark or not.  Price yourself so you're getting paid whether they buy a lot of prints or not, either by higher session fees or minimum orders.  Go with the flow, offer free Facebook sized digital files with a minimum purchase (or for small fee).  

This is the one that works the best for me mentally - I realize they aren't going to spend more money.  If they are thrilled w/the photos and maybe scan/download a few proofs to their desktop to show people, it's more advertising for me! Again, my mentality is I can't stop it, it's so prevalent and encouraged by their friends and family, what can I do to minimize the negative impact to my business.  I have recently been telling my clients they can download the sneak previews on my blog to send to their friends.  Great pics, great experience, great friends and family base, hopefully will add up to great new clients!

I know there are a lot of studios that will disagree with my posts, but I tend to think the teens and twenty-somethings will expect more and more digital rights as they become the primary clients, so I'm trying to find the best way to work that into my philosophy, marketing, and packages.


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## jess28 (Aug 19, 2009)

Well, the wedding went much better than I expected.  The bride apologized again when I got there, and thanked me for showing up.  She said if it were reversed she wouldn't have come.  

In the end I was too busy to have time to remember that I was annoyed.  It was chaotic and exactly what I expected as far as personalities went. 

I also decided to drop Backprint as my printing company and move to Zenfolio with MPix for fulfillment.  Backprint still has not corrected the issue that allows images to be right clicked and saved from one area without the watermark.  When I contacted them this morning they told me it would be 30 days or more to fix it, which is completely unacceptable.  I had heard many good things about them, and their security, which is why I chose them in the first place, but have had nothing but hassles.  I'm guessing there is a reason so many people on here suggest Zenfolio.  

Thanks again for all of the support and advice in here, it is all very appreciated!


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## msf (Aug 23, 2009)

jess28 said:


> Yep, looks like I am learnign that the hard way. I online upload high res on Backprint so they can order without me having to upload anything. Apparently Backprint has a glitch that when you add an image to your cart it removes the watermark so you can choose a custom crop for the one you order. From there it can be clicked and saved.
> 
> On the plus side at least she told me how she did it so I know from now on. I was wondering how she removed watermark from across the entire image.
> 
> ...



A bonus for showing the pictures in person is you can help them buy more. 

Eventually I want to have a large screen tv, and show clients the pictures on that.  I wonder how much you can wright off tax time for this.


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