Forum Replies Created
-
AuthorPosts
-
November 27, 2012 at 12:35 pm in reply to: How can you have a studio setup like this and produce crap like THIS… #4853
EvilDaystar
ParticipantI think this is the worst one. It’s insane to see this next to a price list. puke
http://crystalsmithsglamourlipzstudio.zenfolio.com/p364003182/h337bba3a#h35efaf88Oh god! That is aweful …
You know what they say, it’s the photographer, not the gear that counts.
Look up digitalRev on youtube, they have a series of shows callled “Pro photographer, cheap camera” where they have pro photogs shoot a session with cheap arsed cameras like a LEGO CAMERA!
There’s also, on FStopper.com, a video of a full model portfolio shoot done with an IPhone and hotlights/modeling lights.
ParticipantI have many companies and all of them pay taxes.
Ok so why are you against reporting people for not paying THEIR taxes? This makes no sense to me. Look at Greece’s financial situation … tax evasion there is rampant and that is ONE of the reasons the government is going bankrupt there (that and the government needs some trimming).
http://www.economist.com/blogs/freeexchange/2012/09/tax-evasion-greece
And this is going to drag the rest of the EU into further economic troubles and will drag the rest of the world down with it. Taxes need to be paid! Of course the government needs to be accountable and responsible with these taxes but taxes MUST BE PAID!
Also, in some legal jurisdictions, you can be accused of complicity in a crime if you knew of the crime and failed to report it. (ps. I’m not a lawyer),
ParticipantI;d like to start by sayin that i’m not a layer and we are missing alot of information here. You and your friends should consult a lawyer lisenced to practice law in your legal jurisdiction for proper legal advice.
That is ALOT of text …
“Usually do pictures before also I cut you a amazing deal a 100.00 for almost seven hours and copyrights for all pictures”
followed by
“All I ask is you give me the credit on pictures when adding them since they are copyrighted etc.”
What does the contract say? Was this fauxtog stupid enough to do a full copyright assignment or did she simply give them a print lisence? this is going to be crucialas your friends right to the photos are determined by the contract. Otherwise the fauxtog has (in most countries) full rights to the images and is technically correct in their assessment of the situation.
Get your friends to remove the pictures for now and have them give you a copy of the contract they signed with the fauxtog.
This photographer had charged some friends of mine nearly $200 for a engagement/wedding package and photography for the event.
That should have been a warning sign right there. 200$ barely covers wear and tear + gas on my car for a tpical wedding. the fact that she charged 100$ (as you quoted her saying further below), is a clear sign that you were dealing with an idiot who has no experience and no understanding of the business of photography.
She was 38 weeks pregnant at the time.
Wedding photography is a physically demanding job … nothing like being a lumberjack or anything like that but it still requires that you be moving about and on your feet fo hours on end. She should not have been doing such a physically demanding job at that point in her pregnancy.
When R & C received their photos on a Wal*Mart photo CD
OH GOOD LORD!!!!! YOU HAVE GOT TO BE KIDDING ME!
they were extremely disappointed by the results.
No duh!
every picture had such a severe angle to it that you had to look at the photos with your neck tilted to the side.
Dutch angle done in moderation can be nice but yeah, I have a friend who shot like that 60% of the time. she finally got out of that bad habit.
R (the bride) was devastated as this was such an important day and 80% of the photos recording the wedding were unusable.
She should have hired a proper profesional …
And she gets this response: …
I love how the fauxtog keeps refering to the money question. That’s not the clients problem, the client made an offer and the fauxtog accepted it. I’ve refused clients who tried to nickle and dime me to death … it’s better not to shoot than to shoot at a loss.
I also love how the fauxtog blames other photographers for causing issues. When other photographers start causing issues at my weddings during the formals, I talk to the Maid of Honor or the Best man and get them to talk to the guests. I also offer to take my shots and let the guest take a few AFTER I’m done with that setup.
She is angry because I have used my handle at the bottom to prevent theft on the images. In the description it states:
And she is technically right (most likelly, again, read the ocntract they signed). The fauxtog has probably own the copyright to the images and so is the only one who can authorise the creation of derivative works and the distribution of the images (posting on FB is distribution). The fauxtog may also have moral rights to the images (depending on where in the world all this is hapenning) and one of those rights is the right to be asosciated OR NOT to the image.
Simply stating that the images are not yours doesn’t make what you did legal.
I also state in the description folder that I did not earn any profit by retouching the photos.
Copyright violation (again, depending on where in the world you are) has nothing to do with the presence or absence of profits.
The way that I see it (and I could be very wrong which is why this post has been made), the photographer failed to provide an adequate and satisfying service to the client. R made it clear that she was not satisfied, and the Photographer threw out excuse after excuse and waited until the very end to offer fixing or refund the money.
Unfortunatly, that doesn;t negate the fautogs claim to the copyright of the images. The only thing your friend can do is take the fauxtog to court for failiure to perform (or similar, again, depends on the laws where all this is going on).
There was never a contract signed, no model release form or anything–in fact, C stated when he received the CD that she had said verbatim “They are yours to do whatever you want.”
No contract, her word against there’s … the fauxtog will win.
My questions:
Are R & C in the wrong for asking me to retouch photos?
Since there is no contract stating that there is copyright asignement or a liscence to create derivative works? Yes, they are in the wrong.
Should I adjust my tag on the photos I upload to my Facebook Photography page to read the name of her photography business “########### ## ####, Broken Focus Photography”?
Nope, at this point, I’d pull them off the website and contact your lawyer.
Does she have a leg to stand on in court if it goes that far?
Yes, she’ll sue for copyright violation (can be anywhere from 25000$ to 150000$ PER INFRACTION depending on where in the world you are). On the other hand, your friends should sue her for doing a shitty job and they will most likelly win.
I understand that copyright begins once the image is created but don’t you have to register an image for copyright if you intend to take it into court?
Nope. Registration (again, depending on where in the world you are) happens the moment the puicture is taken. In the states you have something like 60 days to register the image AFTER THE INFRACTION and registering will simply help insure that the maximum damages will be claimed.
She did state to C verbally that they can use them however they choose but does that nullify her claims that we are infringing on her copyright? Each photo I have uploaded has HAD to be adjusted in some fashion. I am not using a single image that she has edited or using the original photo alone.
Her word against theirs … without proof the judge will have to side with the Fauxtog. You should ALWAYS sign a contract! If he website states “full copyright assignment on all packages” or “You are free to do as oyu please with the images” that might help your case. Hit her website and scree grab anything useful there.
Examples of the photography in question:
Her pictures are god aweful and your edits are pretty decent.
Any links or sources would be greatly appreciated. I would like to clear up this issue before she actually calls a lawyer. I don’t think it’ll come down to that, but it is something I want to be aware of beforehand.
Call a lawyer. I don’t even know what continent you are on much less what country or state/province. Laws vary from place to place. It;s best to get legal advice from a liscensed profesional. Assuming she won;t contact a lawyer is a bad move … she is looking at potentially 150,000$ PER IMAGE YOU edited. Why would she NOT call her lawyer and send you a letter for an out of court settlement of 10,000$ ?
ParticipantI’ll be buying a new computer this spring dedicated to my photography. I want to clean up the family computer, and get it running on top of its game, but it holds so much, and I’m a little overwhelmed.
do I buy another external and cram all our pics and video on it? Do I try to archive them in print? Burn to discs? I’ve got discs of this at that, and DVDs with video, and I’ve printed some, not most though. I don’t want to lose them.
my actual photography I print as I go, have been arciving all along, and have a paper portfolio, I also back them up on a dedicated external. Should I treat my family photos the same?
how do YOU keep organized, and keep your pictures safe? This whole thing makes me want to go back to film
I have a copy on my computer (2, 2 terrybte HD in replication), I have a copy on two external HDD drives (2 500 gig external HDD) and a copy on a NAS (Netowrk Attached Storage, like a mini file server).
So I technically have 4 copies of all my, and my clients, files.
– You don’t want to store just one copy on DVD … consumer grade DVDs color warp over time making the disk unreadable.
– Hard disk drives are magnetic storage devices and can become corrupted with time on top of that, they have moving parts that can fail as well.Ideally, USB Flash drives would be best. They are non volatile and will last literally forever (or close enough that it shouldn’t matter). I saw a 32Gig USB flash drive on sale yesterday for 15$. If you are saving full resolution JPEGS (and not RAW files) that drive can hold approximately 3200 pictures (around 10MB a picture froma 22MP camera). If you shoot about 100 pictures a week, you would need about 2 sticks a year making your storage cost around 30$ per year (or about half a penny a picture) that’s pretty cheap.
You would, of course, only use these as long term storage/backups and not for daily use.
ParticipantCouple of Ok shots in there but the post work is horendous!
For example … why the hell is the LIGHT IN THE BACKGROUND the only thing in color in this shot?
http://www.flohrsphotography.com/images/weddings/DSC_0386A.jpgI mean seriously … you are supposed to use (well, your not supposed to use selectinve color periode but when you do use it …) selective color to help draw attention to an element in the scene so why, in a portrait, would you pull the attention AWAY FROM THE BRIDE?
Being sucessfull as a PROFESIONAL photographerhas more to do with business skill than actual photographic skill … of course you need to be at least COMPETNENT as a photographer but good business skills will help get you clients … maybe not repeat clients but clients none the less.
ParticipantI’ve done similar shots where I had two different looks … one look infront of the mirror but my reflection eas different.
It’s nothing super difficult to do.
Shoot the scene with no one in it.
Shoot the scene with the dad throwing the baby up in the air.
In photoshop, load both images as layers in one document the empty limage first).
using a layer mask, remove the father from the scene reveling the fatherless image underneath.
Do a little cleanup with the layer mask to remove tell tale shadows and the likes.TADA!
ParticipantI am not giving up, there is no way. I never would because some strangers and ONE client out of a many (which apparently is NOT the client as I just found out) critique with such vulgarity.
I haven;t seen people being overly aggresive on this thread.
I feel I have come a long way since this shoot …
While we always learn and improve, there is a minimum standard you should be able to meet before you even consider charging for your work. Learning the basics of photography with paying clients is just a bad practice.
…and that the colors on this shoot were a mistake.
But it’s a mistake that shouldn’t have hapenned, you should have your monitor properly callibrated. You may want to invest in a calibration tool.
I have offered to redo the photos as well as do another shoot entirely for free.
That’s a good gesture.
I don’t wish to be nasty, but I’m sure you remember the first time a more experienced photographer or client ripped you to shreds…it just plain hurts because we are human.
Nope … it didn;t hurt. actually it did a little but I understood that I NEEDED to hear that critique to improve. You need thick skin to be a photographer but you also need a good awarness of your own strenghts and weaknesses and an ability to take criticism and more importantly how to LEARN FROM IT.
I have a long way to go with photography …
And this is why oyu should not be charging for your services … it would be like me opening a garage and learning how to be a mechanic while repairing clients cars.
I encourage many of you to critique without being so hurtful. It can be done, and should. Lift up your fellow photographer, we all started somewhere and I guarantee no one here has been perfect at this since day one.
If you were an amateur photographer the critique would be very different but you are purporting to be a profesional photographer and so the standards of service are much higher as are the expectations. I find it sad that you don’t see this.
Participant150$ doesn’t even cover my gas and wear and tear on my car! You normally factor in about 50 cents per KM.
Driving 50Km to meet the client to sign the contract: 25$
Driving 50Km back home from meeting the clients: 25$
Driving 50Km to the bride prep location: 25$
Driving 10Km to the ceremony location: 5$
Driving 10Km to the formals: 5$
Driving 10Km to the Reception: 5$
Driving 50Km home after the reception: 25$
Driving 50Km to meet the client to hand over the final product: 25$
Driving 50Km back home: 25$Total cost just in wear and tear on the car and gas? 165$
Then you have to factor in the cost of runing a business (advertising, insurance, office supplies …), the cost of producing the final product (albums, prints, disk, labels, CD cases …) … where is the photographer making any money?
Anytime I see ridiculous amounts like this, I know it’s just a stay at home mom or a teen with one entry level DSLR … there’s no way any photographer would last charging those rates so obviously, they have no experience.
It was a very bad idea to hire such a low cost photographer … that being said, while the images you linked us aren’t great, I’ve seen far worse (and so have you if you are a memeber on this site). I think, based on the samples you showed us, that you got your money’s worth.
You could always try and sue the photographer but, unless the contract has a clause in there about the type of editing, a seiously doubt a judge will give you a favourable decision.
As far as not paying the photographer? Do YOU want to end up in small claims court for breach of contract?
-
AuthorPosts
