# How would you handle this?



## Macno (Aug 13, 2011)

I've recently set up a website to display and (maybe) sell my photos.

I shot a pic of an acrobat/street performer recently which I put on my website and the acrobat has asked for a copy.

Would you normally give people these shots?  Obviously there is a cost involved in doing that if I make a print and send it to him.  Then again if I just let him have the digital image he is then able to pass it around to as many friends as he likes to print off.

I am not really comfortable with either option.  Im not really sure its fair to charge him since he is the subject but I dont want to wear the cost of sending him a print.  I also dont really want to let him have free run with the digital image.

What do the pros normally do in situations like this?

I often shoot interesting looking people on the street.  Some of which have asked for copies.  To date I havent given anyone anything as Im not sure how best to handle it.


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## molested_cow (Aug 13, 2011)

Personally, I would let the person have it. I think he has every right to because he's a main part of the work. Now I am not someone who makes money off photographs so my approach will be more based on personal values than about the bottom line.


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## Josh66 (Aug 13, 2011)

I'm not a 'pro', but I would give him a free print.  You know, karma and all...

If he wants it framed, I would probably charge him for the frame, because those can get pretty pricey...  The best thing would probably be to just give him a print (that doesn't really cost _that_ much), and let him take care of framing it.


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## imagemaker46 (Aug 14, 2011)

On all the assignments that I shoot involving sports, I will send the first parent that asks who I work for a few jpegs of of their kid competing.  It doesn't cost me anything and makes someone happy.  I recently saw a father and son out fishing off a dock, he had a couple of cameras with him but was involved with his son, I shot a couple dozen frames went over and gave him my card, told him to e-mail and I'd send him some shots of the his son and him together. He told me he was a weekend professional and didn't have too many shots of the two together.  Again it didn't cost me more than a few minutes of my time and gave this guy a memory to keep for life.

Without the subject you have nothing to shoot, personally it's just a decent thing to do.


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## johnh2005 (Aug 14, 2011)

Well, as far as I know, and I can definitely be wrong, if you plan on making money from an image you will need a model release form.  As far as I know this even applies to people in public spaces.  Again I could be wrong.  I would definitely look up the laws in your area to find out.

Laws aside, I would give him a print.  I would also give him a handful of business cards.  If he likes the photo enough to want one he will probably be showing it off.  If he shows it off it can drum up business for you.


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## johnh2005 (Aug 14, 2011)

This could be of a little help concerning the law.  I would check with your local laws as well.

http://erickimphotography.com/blog/...ons-about-street-photography-and-the-answers/


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## Kerbouchard (Aug 14, 2011)

johnh2005 said:


> Well, as far as I know, and I can definitely be wrong, if you plan on making money from an image you will need a model release form.  As far as I know this even applies to people in public spaces.  Again I could be wrong.  I would definitely look up the laws in your area to find out.
> Laws aside, I would give him a print.  I would also give him a handful of business cards.  If he likes the photo enough to want one he will probably be showing it off.  If he shows it off it can drum up business for you.



Well, since you posted the link in the next thread showing that you are wrong(and with the strike-through's showing the person's blog was originally wrong), it would seem a bit redundant for me to repeat it...especially considering how many times you mentioned you could be wrong in your post.  Yep, this has already gotten a bit redundant... 

The OP can sell the photo.  He can't sell it to Nike to advertise how the acrobat was using their shoes.

In any case, I would send the guy a low res digital copy to share on his social networking sites or charge him cost +10% for whatever prints he wanted.


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## KmH (Aug 15, 2011)

Kerbouchard said:


> He can't sell it to Nike to advertise how the acrobat was using their shoes.


Sure he can sell the photo to Nike. Once he has sold it to Nike, he has no control over how Nike uses the image. However, the photo is worth more to Nike if it's accompanied by a valid model release.

Nike's legal department will recommend a model release be obtained from any people in the photo, if the photo will be used in any way to promote Nike, because at that point Nike become the publisher of the photo.
A model release protects the model and the publisher. Sometimes the photographer becomes a publisher too.

Using un-released images is a fairly common practice in the advertising world.

A digital file would make it easy for the street performer to share the photo. A print would be harder to spread around, but easier to display in his home.

I recommend to anyone selling photos with people or property in them to get, carefully read, and keep handy as reference - Dan Heller's book: A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things 

The ASMP's book: ASMP Professional Business Practices in Photography, 7th Edition 

And John Harrington's book: Best Business Practices for Photographers, Second Edition


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## tirediron (Aug 15, 2011)

An 8x10 at Wal-mart will run you $2.50 - print one up, and give it to him for a signed model release.


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## imagemaker46 (Aug 17, 2011)

Can you post the photo on here?


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## Bynx (Aug 18, 2011)

Since the juggler was the main subject and you took his picture, why not be a decent human being and give him a print. A 4x6 cost about 40 cents. I dont think that will break you will it? Someone even pulls out the law books? Common sense should prevail above all else. But it sounds like you are a taker who doesnt give back. You arent going to learn good manners here. Your momma should have taught them to you.


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## JohnHendry (Aug 19, 2011)

Bynx said:


> Since the juggler was the main subject and you took his picture, why not be a decent human being and give him a print. A 4x6 cost about 40 cents. I dont think that will break you will it? Someone even pulls out the law books? Common sense should prevail above all else. But it sounds like you are a taker who doesnt give back. You arent going to learn good manners here. Your momma should have taught them to you.


yea give him a print a card and the web address he is only going to show it off.

all the best


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## SkyBlue (Aug 20, 2011)

Hi Macno!

Just give him a free copy.

For example, I am the acrobat guy, my pic is taken by a professional photographer- I'm flattered and I'll be happy to pay for it.
But if you hand me a copy, I'll be more proud. Keep in mind that word-of-mouth is a powerful tool.


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## manaheim (Aug 20, 2011)

I usually offer to give them the digital image (jpeg) as long as they promise to credit me for the work on websites, facebook... anywhere it is used.  Though usually people don't catch me shooting pictures of them.


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## k d morris (Aug 26, 2011)

I did a similar thing. Shot a father and daughter at a street event, gave them my card...he emailed me and I sent him the pic. Nothing more than gratitude came from it but my name is out there. Look at it as "free promotions" of your work. He most likely posted it on his social network or printed and has it framed somewhere for the world to see (my work).


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## spacefuzz (Aug 26, 2011)

give him a 8x10 or a jpeg with your water mark on it. You wouldnt have a photo if he hadnt been there after all.....


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## cgipson1 (Aug 26, 2011)

He was a free model.. pay him for his time with a cheap print. Or do like I do.. throw a digital image at him, but size it to like 800x600 with moderate quality compression first... hard to get a decent print off of that. And if you put your name on it, and he passes it around.. it is free advertising. I have had a good bit of business from shots like that... happy subject = good word of mouth.


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## ghache (Aug 29, 2011)

Send him a small print or even tell him to pick it up.

If he wants something larger then make him pay for the print and all the work. he wants the jpegs? make him pay. He will probably use it for self promotion enyway


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## ChadHillPhoto (Sep 26, 2011)

I usually, will grant the subject a copy or the digital file. Also you may wish to get a release if you plan to sell the image. But the kindness of giving them a print/copy breeds good will and your subject will in turn promote your images/site that they are featured on.


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## JTHphoto (Oct 10, 2011)

i like the idea of sending him a small digital file and water marking it with your website... free advertising. If he wants a print or high-res version, time to start negotiating price/model release (if necessary).


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## FireRescueFL (Oct 28, 2011)

Also not a pro here, bit if it were me, I'd give a moderate sized digital copy with a fairly pronounced watermark. A lot of people like having photos like that to use as their wallpaper on a computer. If it's his own computer, he shouldn't mind the watermark and if he gives it to someone else for their's, you just got some free advertisement with the loud mark. 

---Chris


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## Futurelight (Nov 9, 2011)

I have "liked" the comments I agree with. There are certain parameters we must all work within with this industry and, having a signed model release form will seperate any possible problems from the work being undertaken. However, as a note of self-preservation, it is ALWAYS good to give a copy (digital or hard-copy) to the subject as, when they show it off to their freinds/family etc etc, YOUR name will always come up strong in the conversation. Good luck to you.


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## Tadzior (Feb 2, 2012)

I would let him have this photo. Just ask him to credit you. Because if you won't he always can sue you. xD


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## Balmiesgirl (Feb 6, 2012)

Like most everyone has said.... Give him a copy and ask for a signed release in return  good karma  good word of mouth advertising


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## Tony S (Feb 6, 2012)

Several years ago I took a picture of an artist sitting on a bridge painting the landscape along the river. I sent him a full res file of the image after getting his business card. Completely by surprise two weeks later the guy in the big brown truck pulls up and delivers the painting the guy was doing. Now that one worked out, well sort of, the painting sucked.


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## Balmiesgirl (Feb 7, 2012)

Tony S said:
			
		

> Several years ago I took a picture of an artist sitting on a bridge painting the landscape along the river. I sent him a full res file of the image after getting his business card. Completely by surprise two weeks later the guy in the big brown truck pulls up and delivers the painting the guy was doing. Now that one worked out, well sort of, the painting sucked.



LMAO!!!!! Too funny!


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## chuasam (Feb 10, 2012)

Bynx said:


> A 4x6 cost about 40 cents.


If your 4x6 cost 40 cents, you're getting ripped off. But I totally agree with you. I would have given him a print, my business card and an offer to stay in contact. I do make a living from my photography.


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## Forkie (Feb 11, 2012)

Macno said:


> I often shoot interesting looking people on the street.  Some of which have asked for copies.  To date I havent given anyone anything as Im not sure how best to handle it.



They let you take their photo, but when they ask for a copy you say "no"?  

You old meany!  Do any of them let you actually take their photo after you've said no or do you only tell them that _after_ you've taken up their time in the street?


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## jaxx419 (Mar 11, 2012)

What ate you gaining from having this photo on your site? Will it potentially make people want you to shoot photos for them of which you would make money off of? If so, I would give him a print. Only seems fair.


Sorry, didn't realize this was from almost a month ago.


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## snapcult (Mar 28, 2012)

KmH said:


> Kerbouchard said:
> 
> 
> > He can't sell it to Nike to advertise how the acrobat was using their shoes.
> ...




Having dealt with Nike and their other third party designers in the past I can tell with 100% accuracy they will not buy any images to use for advertising without a release that has anyones face in the image.

"Using un-released images is a fairly common practice in the advertising world."

While this might be true the company is setting themselves up for legal problems if a face is in the image.


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## snapcult (Mar 28, 2012)

Selling prints are "art" is fine without a model release as long as you don't use the image to promote a product or service.

I would offer the guy one print at cost, since he was nice enough to pose for you.


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## snapcult (Mar 28, 2012)

tirediron said:


> An 8x10 at Wal-mart will run you $2.50 - print one up, and give it to him for a signed model release.




If he'll go for it this is a good idea, then you can sell the image as stick and be protected in the future.


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