Client Won Contest With My Photo

[Skyyton]

About 2 1/2 years ago, a good friend approached me about doing photos of his brand new granddaughter. I was new to the business and looking for material for my portfolio, so I agreed to do the shoot for free. We retouched the images and gave him a DVD with full resolution copies.

Today I was on our local newspaper's website and saw a very familiar looking photo. It was in a section for a Mother's Day photo contest. Sure enough, it was one of the photos I took a year and a half ago. To top it off, the photo was in first place by a very wide margin so it is almost sure to win the contest, which ends today. The prize is a $600 gift certificate.

I checked the contest rules and there were no provisions requiring the photos be taken by the submitter. There were copyright provisions, but since I basically gave them all rights, it's not an issue in this case.

I understand I do not have an legal rights, nor would I take any action if I did, but I am a bit upset about this. On one hand, I'm flattered that my photo is about to win a contest, but on the other hand, I was not given any credit for the photo and the 'customer' is profiting from my 'gift'. I was not even made aware that it was entered in a contest, I just happened upon it by chance.

I'm not posting this because I want advice on what to do in this situation. It was bad judgement on my part to give away the images. I just want to let people see a reason why you should NEVER give your work away, even to a good friend (it was the friends daughter-in-law that entered the contest, not him). It is also a lesson to be specific on the appropriate uses of an image if you provide a client with an electronic copy.

Ok, I'm done ranting. Now I'm off to modify the language in my release forms.

[essvee]

Well, the way I'd look at it is *you* know you are capable of winning competitions with *your* work, thanks to those results.

If I give away an image, it has no strings attached. That's kind of the idea. If I want to hold on to some or all of the rights, then I'll stipulate it. But I think I'd mostly be amused. And I'd certainly never trust the person that entered the shot! That's rather underhanded of them!

If it's a contest you entered as well (or would have) then it might change my view, but I get the impression you wouldn't even be in that competition.

So from me: Congratulations!!! You're winning contest you never even entered!

[OsmosisStudios]

You could get nasty.

DId you a sign a contract STATING that the client got full copyright use to the image? If not, you've got grounds to sue.

[Astro1645]

I hate to hear or read things like this but it's a good lesson to all of us. Thanks for sharing your story.

[statichash]

You gave them the photos. Unless you get all "contracty" on people, then often times, they have no idea they are violating anything. First of all, you should get in contact with them and just mention nicely that you saw it, spark up some communication - communication between parties is the most fundamental disconnect between people. Maybe they did it innocently having no idea you would feel this way. Give them the benefit of the doubt. Maybe they knew that the shot you captured was SOOOO GOOD, that they knew it would win out of the confidence they have in your ability to do the work you did. I'd be flattered!

People are so quick to judge and attack others, if they're a friend like you said, why not just try reaching out.

Cheers!

[Skyyton]

Thanks for all the responses. I am taking this mostly on a positive note. I am flattered. In fact, I did vote for the photo because I really want it to win. I'm sure they don't realize they did anything wrong. I fully intend to let them know that it wasn't right, but I want to wait to see if they mention the contest to me after it ends. Another baby session with them is coming soon. It will be at normal rates and NO images will be released without a very strict usage agreement. So, it was flattering and I learned something.

[GadgetRick]

I guess I'm not totally sure what the problem is. I mean, I understand it's a photo you took, etc. You gave them the photo with no instructions on how to use (or not to use) the photo. They--not even your friend, but their dautgher-in law (I believe) as you mentioned--then entered it into a photo contest which, it appears, isn't a contest which requires them to be the photographer (which is strange, but that's another discussion). Looks like this photo may win the contest. So, what's the problem?

Ok, the right thing for them to do (especially if they win) is to let you know they entered your photo in a contest. But, what if they had come to you and told you they were entering it in this contest before they did it? What would you have said? My guess, from your initial post, is you'd tell them no problem to go ahead and do it. You may have told them just to give you credit as well but we'll never know. It's not like you would have told them no way, they can't do it, etc. So what, exactly, is the problem other than you may not share in the prize money (which, I agree, sucks)?

So I'm not exactly sure what you learned from this. Obviously, you wouldn't have given them unlimited rights had you known what you know now about photography but I don't think this incident taught you that. I get the impression you learned that on your own anyway.

Honestly, I wouldn't even think twice about it. If they're good friends it's obvious they're not trying to do anything under-handed (remember, they didn't enter it) and I don't believe this is something worth ruining a friendship over to be quite honest. I might mention to them (in passing) you noticed one of the shots you did for them in the lead for this contest and be excited about it (for them and you). You might also ask if they could give you credit for shooting the photo should it win. I don't think that would be out of line. But, losing any more sleep over it is, well, just not worth it.

Be happy for them and, especially, yourself since you shot the photo which may win. Do their upcoming shoot as you would normally do it had you not found this out. Don't charge them any more (or less) than you would normally. And don't do anything special as far as rights that you wouldn't normally do. Business as usual would be my suggestion.

Congrats on the photo, btw. That's an awesome accomplishment really. I'm guessing the $600 wouldn't make (or break) you so don't worry about that. Being able to claim you have a winning photo in that contest is worth more actually.

[Jim Bryant]

Congrats on the winning entry. WIthout a signed contract stating the clients rights, you gave away the farm. Let this be a lesson. Ask your friend to take you out to dinner to celebrate the winning entry. It's the very least they could do.

[Gobae]

Originally Posted by Skyyton

I fully intend to let them know that it wasn't right, but I want to wait to see if they mention the contest to me after it ends.

Why? You stated in your opening post that it was done as a "gift" ("....the 'customer' is profiting from my 'gift'."). When *I* give a gift they have the right to do with it what they will (although I certainly hope it won't get destroyed). None of the physical presents I give come with strings attached, why should the photos.

If I have any problem with this scenario, it's that the competition had no restriction about who took the picture. That's just a lame photo contest IMO.

[Sterling]

If I have any problem with this scenario, it's that the competition had no restriction about who took the picture. That's just a lame photo contest IMO.

I agree. Unless it was just a "send in a picture of your kid" kind of thing.