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Old 09-28-2010, 05:33 PM
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Default Am I Being Used?

I was hired by my dayjob (local radio station) to do the headshots for their new on-air staff. I recently sent an email to my boss asking how he liked the final shots. He said they were really good, but he also replied "There’s only 1 retake that is possible, but I’ll get back to you on that."

We didn't sign a contract for the job, other than emails back and forth about the details of the initial photoshoot. Are they assuming because I am their "dayjob" employee and they have already paid me for the initial photo session, that I can just do a "retake"? It was a lot of work to do the first photoshoot.

My guess is they have changed the "pairings" of on-air staff, and the duos in the current photos are not going to be working together.

How should I deal with this?
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Old 09-28-2010, 05:41 PM
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Depends on why they want the do-over.

If it was your mistake with fudged lighting or focus etc, I'd be inclined to say you should do it. How you define how fudged it is, it's impossible for us to say.

If it's for another reason, then I'd say you'd be entitled to get compensation for it.

Throw this one on the pile of 'should've been in the contract'? Least you know for next time, and others reading this know to look out for the possibility.
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Old 09-28-2010, 06:00 PM
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Quote:
Originally Posted by allyanderson View Post
I was hired by my dayjob (local radio station) to do the headshots for their new on-air staff. I recently sent an email to my boss asking how he liked the final shots. He said they were really good, but he also replied "There’s only 1 retake that is possible, but I’ll get back to you on that."

We didn't sign a contract for the job, other than emails back and forth about the details of the initial photoshoot. Are they assuming because I am their "dayjob" employee and they have already paid me for the initial photo session, that I can just do a "retake"? It was a lot of work to do the first photoshoot.

My guess is they have changed the "pairings" of on-air staff, and the duos in the current photos are not going to be working together.

How should I deal with this?
Tell them you were hired to do another job in the station, not become the station's personal photographer. But, in the future, you would like to continue to shoot in your off-time and in a paid situation that's not work-for-hire.
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Old 09-28-2010, 06:44 PM
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I would not be as cheeky as Jim suggests, that will just annoy the boss beyond all belief.

If they want new images with different folk, then it is a new job
If they need an error fixed, fix it and move on
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Old 09-28-2010, 07:39 PM
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did they pay you extra for the shoot, or was it done in work time..?
if it was done "on the clock" its most likley that you aren't the copyright holder....... just to be sure you know.

i wouldn't have done the first one, but its to late for that.

Its hard to say how to respond... just dont take photos on the clock for an employer, and always get a contract.
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Old 09-28-2010, 07:55 PM
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Quote:
Originally Posted by gturner View Post
I would not be as cheeky as Jim suggests, that will just annoy the boss beyond all belief.

If they want new images with different folk, then it is a new job
If they need an error fixed, fix it and move on
How true....I've never been known to be an arsh kisser.
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Old 09-28-2010, 10:25 PM
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Most employment contracts state that they own all IP and copyright of anything you undertake/produce while employed.

If they want you to take photos on the job, then it's unlikely you have any grounds for seeking additional compensation... if they didn't supply the equipment though (i.e. knew you had a shiny camera and asked you to bring all your stuff along), then you probably could have arranged something where they hired the equipment from you while you did the shoot, but it's probably too late for that now.
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Old 09-29-2010, 02:44 PM
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I did get paid through my photography business....and not as an employee of the day job company. The shoot was done outside "regular" work hours.

And the photos I took were just fine...nothing wrong with them (pat on the back to myself).....but I think they want different people in the photos.

Thanks all for your suggestions! I think I know where to go from here......now I just have to get a backbone to do it! And of course, sit down and get a contract written up for future jobs.
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Old 09-29-2010, 03:27 PM
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You could go a couple of different ways here. If you think that they're just trying to take advantage of you and if the photos that you took won't work because of some personnel move on THEIR end, then I would hold firm to charging them for another shoot. You could do a reduced rate just to show good face and because you hopefully know how to do it more efficiently now.

If you think that there could be more work from them in the future and if you do have a good working relationship with the client, then you could either do it as a reshoot or charge a reduced rate.

In any case, it's all about relationships. Like I said, if they're just trying to get something for free, then hold your line for the reshoot or say no.
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