p.1 #1 · Digital files, personal use license & the honor system
Long title!
So here we are, many years into the wedding photography business. All digital AND providing a disc of images with our packages.
We do specify a personal use license. We do provide an online gallery for family and friends to order prints. It is clear the license is for personal use only.
However, I think a personal use license is ignored, mis-understood or mis-interpreted and not cared about.
"You can't stop me from giving the files to all my family and friends"
We have had one client take it a step further. Directly from their Wedding Website:
If you don't like the prices here and you you don't mind waiting a little while, just remember which pictures you want. In the not too distant future, we will be getting full resolution digital copies of all of the images with a reproduction license. Get in touch with us, and we will be able to email you the files so that you can print them at a local photo lab.
This from a client who is in Information Technology security. Who's JOB it is to protect assets. Reproduction license? No where do we say that.
p.1 #3 · Digital files, personal use license & the honor system
modthyrth wrote:
As long as it's not for commercial use, you're probably screwed. They're right. What's the exact language in your contract?
I would not bother with any legal action for this sort of thing. We specify personal use to prevent someone selling the images.
In all the years in business though, our clients have known it is not right to do this. It undercuts the photographer and it is just not cool.
This is becoming a common trend. Download music from file sharing sites, grab images off the web and use, regardless of watermark, pirate software, etc...
p.1 #4 · Digital files, personal use license & the honor system
It pretty much IS personal use. They could just print the things themselves and send them. You're not going to win this one no matter how you look at it - even legally, because they'll just lie anyway. If people want to ignore the license; they will. You're not going to stop that unless you go back to old school printing only. Personally, I expect this type of thing, so I charge what I think the job's worth and be done with it. End of story. Don't lose too much sleep over it. Print sales are the "bonus". (yes, I know some will disagree)
p.1 #5 · Digital files, personal use license & the honor system
amonline wrote:
It pretty much IS personal use. They could just print the things themselves and send them. You're not going to win this one no matter how you look at it - even legally, because they'll just lie anyway. If people want to ignore the license; they will. You're not going to stop that unless you go back to old school printing only. Personally, I expect this type of thing, so I charge what I think the job's worth and be done with it. End of story. Don't lose too much sleep over it. Print sales are the "bonus". (yes, I know some will disagree)...Show more →
Agreed. We do the same. Our wording does not stipulate usage terms beyond personal use and it never will. This is the trade-off with giving the digital files. No, I will not lose any sleep over this and do not rely on print sales for anything other than bonus. Although lately I have noticed:
90% of sales are 4x6
Print sales this year much lower than previous.
We have changed our packages for this upcoming season. We now only provide the "photo booth" in our top end packages and have increased the cost for adding the "photo booth". Setting up a backdrop and lights at cramped reception halls is a PITA and tearing it down after busting a$$ all day and night is hard on the back.
p.1 #6 · Digital files, personal use license & the honor system
BarnDog wrote:
Give a disc of images: Fail
+1
Sell the disc of photos at a price that makes sense to you FTW. Do all of your clients receive some kind of hard copy of their images from you? It's good to have a comparison for them. If they decide not to order more, at least they will realize the quality and service behind them. Do you provide basic processing on the archival set, with further processing done for prints and albums? Just a thought.
p.1 #7 · Digital files, personal use license & the honor system
BarnDog wrote:
In all the years in business though, our clients have known it is not right to do this. It undercuts the photographer and it is just not cool.
This isn't anything like downloading music illegally. The difference here is that it sounds like you gave them the legal right to do it (again, I'd have to see the exact language to be sure, and can only go on your description for now). It's not legally wrong if you give them a non-commercial license and the digital files. It's not even morally wrong. Not even close.
If you don't want clients to be able to print their own copies, don't give them the tools and legal right to do so.
And no, I'm not an advocate of copyright violation. I have a law degree and focused on IP issues when I practiced. I'm incredibly respectful of intellectual property and will battle vehemently for those rights. But I'm equally impatient with those who try to claim more than they have a right to. Based on your description, there's no cause for you even to be miffed.
If you want to retain those rights, no problem. That's easy, and entirely within your rights. Adjust your contract. You may find yourself booking fewer clients in these changing times. You might not, too, if you can do a good enough job showing the brides what benefit there is to having you make the prints. Show them side-by-side prints from walgreens.com and your prints. Illustrate the benefit. Justify your retention of the rights. It might work.
p.1 #8 · Digital files, personal use license & the honor system
Simple solution. Price the disc properly. We worked out our average income from reprints and added that cost +20% to all our packages. Now I still get the same income and I don't have to drive to the lab for one lousy 6x4. They can print them for friends all day long as far as I'm concerned. We've been paid.
Anyway, most 21st century couples are far more likely to whack up a small version on facebook than make prints.
(yes, I know some will disagree)