I met a woman at a coffee shop the other day who was a casualty of a big photography studio bankruptcy. She has 4x6 proofs from her wedding, but the studio went belly-up before she could get her already paid for album made. She asked if I could make an album from the proofs. I'm confident I could make a decent album, but don't want to step into a legal nightmare with scanning proofs.
Any thoughts on this?
I would check to see the details of the bankruptcy. There was a studio that I knew that also filed bankruptcy, and as a part of their rulings, all copyrights were released to the clients.
Now, i have no idea if that is standard or if that was a one time thing special to that particular case, but would be worth checking in to.
Depending on who might have the digital files, being able to receive those with with full copyright would be the ideal. That could be pursued legally, but might be available without so much trouble.
Do you no for sure that this studio did go out of business? Are the pictures stamped or anything to prove they came from such studio? (Don't want her giving a name of a studio no longer in business and they actually came from another).
It really sounds like a lot of hassle. Maybe it would be best to order her a traditional album that you could put the prints in. I don't see how this would be illegal.
Big studio in the North Suburbs of Chicago. Lot's of folks got screwed. She is willing to spend decent money on an album. I asked her to try and find any correspondence that was sent to her regarding the bankrupty. It could turn into a hassle or even worse. My wolf sense is starting to say "back away from the morsel of meat... danger!"
Thanks for all your replies.
Tell
Sticking "proofs" in an album? Unless she is supposed to return the proofs, there is no problem there. Scanning, copying and enlarging wouldn't be legitimate. What she needs to do is check into the bankruptcy proceedings. She wouldn't be the only customer/creditor/client that would have been interested in resolution of the ownership of the files.
If the studio is no longer able or willing to make an album this probly falls under "fair use". You're not depriving them of an income, so there is no harm done.
Then again, I'm not a lawyer and it's not my ass on the line if I'm wrong.
Unless you're going to make a good chunk of change, I would leave this one alone. If you do take it make sure you do some homework first and find out if they really won't do it, or if she's just pissed at them for going under.
I don't know how it works over in the US but in the UK the client who has lost out would be able to contact the appointed receiver (i.e. person who is handling the bankruptcy) to try and track down the original images. They have paid their money so have a legitimate claim against the company and its assets. The files are worth nothing to anyone else so I would expect the receiver would just hand them over.
I'd get the coffee shop lady to do this herself rather than get too involved at this stage but she should know that it's worth a try.
tell wrote:
I met a woman at a coffee shop the other day who was a casualty of a big photography studio bankruptcy. She has 4x6 proofs from her wedding, but the studio went belly-up before she could get her already paid for album made. She asked if I could make an album from the proofs. I'm confident I could make a decent album, but don't want to step into a legal nightmare with scanning proofs.
Any thoughts on this?
First the groundwork: Establish the name of the firm dealing with this bankruptcy, name and address of the partner dealing with the bankruptcy, date on which the person was appointed in charge of this bankruptcy
Second: I would write in a letter stating that you have a claim and to send you any reports to creditors and to add your name to the list of creditors. Also to request any claim forms you must complete. You should ask what arrangements will be put in place - how they intend to assist - customers whose orders have not been completed.
Third: You should request that the they should recover the files and forward them to you. As you have paid for them in full, they are not of value to the company in bankruptcy. You should also request that as the studio have not completed the work, the insolvency practioner gives you permission on behalf of the bankrupt studio to go ahead and complete the wedding album from the provided proofs. ie overides the copyright restrictions as the bankrupt studio have no interest in the copyright.
Fourth: Then get in touch by phone on a regular basis every few days. Dont be fobbed of at the phone and only speak to persons in charge of the case.
Of necessity - this procedure above is going to be time consuming. But you could have a positive result if you are persistent.
The above is based on UK experience. But there will be similarities in US.
Tell
The above may seem daunting. In the UK, the Insolvency Practitioner taking over the bankruptcy is actually working to produce the best outcome for the creditors - in this case the customer who has paid for the wedding.
Your client should find it no problem to communicate their point of view. And then its one of two outcomes - either they are helpful and find the files and hand them over. Or they waive their copyright requirements in a letter and grant you permission to produce an album from scanned prints.
Either way the cost to your client would be no more than few telephone calls or few postage stamps. And knowing this - it should be an easy job for you to secure - you have a client to produce the album when permission is granted.
Nathan Whitchu wrote:
If the studio is no longer able or willing to make an album this probly falls under "fair use". You're not depriving them of an income, so there is no harm done.
Then again, I'm not a lawyer and it's not my ass on the line if I'm wrong.
Unless you're going to make a good chunk of change, I would leave this one alone. If you do take it make sure you do some homework first and find out if they really won't do it, or if she's just pissed at them for going under.
No, this is not the definition of "Fair Use". Fair use is something entirely different, it applies to scholastic situations.
