We all have nightmare loss stories. In the final analysis, let this job go. Let it be a loss and write it off as a PR experience.
We had some worse experiences in a pro photo lab and group business where I did an aprenticeship. It happens.
Never try to hide the mistakes, in fact: Always point out the technical errors to the client for them. In the end, it works to your advantage.
Just wear the red face, and let them take advantage of you. It's the nature of the business.
Or! Find out where they live, and toilet paper their house.
S. Shapiro
----- Original Message ----- From: "Deen Hameed" <deenhameed@xxxxxxxxxxxx>
To: "List for Photo/Imaging Educators - Professionals - Students" <photoforum@xxxxxxxxxxxxxxxxxxxxxx>
Sent: Wednesday, February 23, 2005 7:15 AM
Subject: Re: weddings (might be a bit long-sorry)
At 2005-02-23, 23:24:14 Shyrell Melara (shyrellmelara@xxxxxxxxx) wrote:
Again, shock. (Boy, I need to quit getting shocked!) The story only gets worse from there. The pictures and negatives come back scratched and when the Bride comes to look at them she tells me she does not want any enlargements. (What? We had a contract. But she wants to nearly double the order with the smaller prints. So I figure, okay, it's still good money.) I kept waiting for her to see the lines so I could discuss options, but she didn't see them.
That's when she says (about the enlargements), "I have a scanner at home so I can do my own." (What?) I thought, she has a scanner, she's cheating me out of my potential income, she can fix the pictures herself. So what does she do? She goes to Wal-Mart and has the enlargements done there, discovers the lines, call me up and screams about getting all her money back or she's going to take me to court.
At 7pm last night her husband shows up at my door! (My studio is in my garage.) So I tell him I will fix the pictures myself, put them on a cd and they can take that to Wal-Mart for their enlargements. Again cutting me out of any potential income, but I'm just trying to defuse the situation.
Hubby & I go out. We get back home to find a message. They want the pictures for the enlargements fixed, but since that is only about 5 out of 60, they still want 'some' money returned. And that's where we are for now. Personally, now I'd rather fix all the pictures and bite the dust on the reprints as opposed to any refunds. My position being, I did not scratch the pictures and neither did my camera. I showed the lab's letter to the husband, so he knows it wasn't me that messed up.
Any ideas as to where to go from here? I'm stuck on the fact that I did not damage the pictures so I shouldn't have to refund any money, and I'm willing to do the touch ups and eat the extra expense. I'd even be willing to let her take me to court if that's what she wants. But I just can't swallow refunding any money at this point.
Shyrell.Hi Shyrell,
You should not need to edit the images specifically so they can be printed larger. If the client could not see the lines in the smaller prints, and that is what you are supplying them, where is the issue of your responsibility? Was there any approval/documentation supporting that she was happy with the smaller prints when she collected them?
Although this is the point where you explain that they can't take you to court as the copyright belongs to you, and they will be the ones who will be paying a price, it is probably best to try and work out an amicable settlement, so they don't bad-mouth you. Word gets around, and people will be only too willing to believe the worst.
Sadly though, once people get antsy with you, it is not likely that they will give up and become all nice so easily. You will probably just as likely need to play tough, so they don't run over you.
I suggest you stick to your original arrangement/contract. The fact that you will need post-production on the enlargements is no concern of hers, and entirely your responsibility (since the lab won't do anything about it) as a professional (we do serious post-production of most digital pix anyway).To sweeten the deal, you can offer something extra. You can probably explain that this is the best you can do in the circumstances, and that copying the images is infringement of your rights and you will pursue it in court.
If she accepts, you're off the hook. If she insists on going to court, based on lines in the enlargements she will be making on her own, I can't see the court being so lenient about it. This may also be a good time to have a chat with the local wal-mart(s) and find out their position on infringing your copyright.
Thanks for sharing. A lesson for all of us.
Best regards, Deen 2005-02-24 01:03:23
-- Deen Hameed 0405 649 101 deenhameed@xxxxxxxxxxxx http://calendar.yahoo.co.uk/deenhameed
