Should I be mad about this?

[mandyatm]

I client I recently photographed is a friend of my Facebook page. She posted a picture I took on another photographer's page in a Cutest Baby Contest for the chance to win a free session. She credited me under the picture, but it kind of bugs me that one of my images is on this photographer's Facebook page. Do I have a right to ask her to use a different image? Or should I even care?

[SusanH1970]

Did you watermark the photo with your name? If so, the other photographer might not be too thrilled to have a photo advertising your work on her page, LOL. If it was watermarked it wouldn't bother me that much, except that she wants to go with another photographer (but most likely, she's just looking for a freebie). If not, I might be a bit perturbed.

[Dibble]

All of my clients sign a contract prohibiting them from entering any of my images in a contest without my consent. On the other hand having your image on another photographers page could drive more traffic to yours. I would at minimum tag the photo to help drive the traffic to your page. Hope this helps a bit.

[BuddhaPi]

Giving you credit, does not give her the right to use your copyrighted work. I would politely ask her to remove the image and use one of her own..As a last resort drop the photo contest phtog a message, stating the issue. as a fellow photographer I'm sure he/she will understand and remove the image promptly.

[mandyatm]

thanks for the suggestions. She asked me recently what my availability was coming up as she might want to do another session, so I think she is just hoping for a freebie.

It won't let me tag myself. I didn't watermark to be nice because I want my clients to have copies of their images without my ugly watermark. But they do sign a contract and I do insert a page with the CD that explicitly states not to enter in contests.

[SusanH1970]

Originally Posted by mandyatm

But they do sign a contract and I do insert a page with the CD that explicitly states not to enter in contests.

There's your answer. It's a breach of contract - ask her to use her own photo, per the contract she signed.

[Rehesan]

Like Susan said, you had the answer to your question since the beginning.

I am not a professional photographer, just a photography enthusiast, but I would never allow to anyone to use one of my photos to enter a contest, I think simply it is not ok.

And if you allow me another word of advice: avoid to post your photos in FB, so far I know when you upload them you grant rights to the FaceBook to virtually do whatever they want with your image. I stopped uploading my photos to FB since while ago, I just post, let´s say "snapshots". If I would be a professional photographer I will add a clause in the contract where I specifically state that is not allowed to post the photos in Facebook or other social network.

Just an idea...

Cheers!

[mandyatm]

I know they can't enter the photo in a contest as their own photo, but the contest is for the cutest kid, not the best photo, so that is why I was not sure.

And I want them to share my pics on FB, that is free marketing. I just don't want my pics on other photographer's sites!

[danbaileyphoto]

No matter who you are, photographers are always having to deal with issues like this. We have continuous work to do to educate clients, customers and the public about how and when they can use our imagery.

Sounds like you have all your paperwork in order, so I'd simply start by contacting them and explaining why they can't enter your photo, ask that they remove it from the contest and see how the conversation goes. This will probably solve the issue, as most people just act out of ignorance, not malice.

If they don't agree, then you can start hardening your tone and repeating contractual language. If that doesn't work, you can contact the contest officials- if it's your image, and you demand, they are required to remove it.

My guess is that you can probably do this and still maintain a good potential relationship with this person.

[candleman]

Originally Posted by danbaileyphoto

No matter who you are, photographers are always having to deal with issues like this. We have continuous work to do to educate clients, customers and the public about how and when they can use our imagery.

Sounds like you have all your paperwork in order, so I'd simply start by contacting them and explaining why they can't enter your photo, ask that they remove it from the contest and see how the conversation goes. This will probably solve the issue, as most people just act out of ignorance, not malice.

If they don't agree, then you can start hardening your tone and repeating contractual language. If that doesn't work, you can contact the contest officials- if it's your image, and you demand, they are required to remove it.

My guess is that you can probably do this and still maintain a good potential relationship with this person.

+1
in their minds they own it, because they paid for it.
Itsa fine line between educating them, and giving them the feeling of you being unreasonable and difficult.

So, sure, you have the right to ask her to remove it if it was in your contract.
But the flipside is, she probably didnt read or understand the contract and you will probably just piss her off and get bad word of mouth for it, even though you are in the right.
Clients dont care about right, they care about #1 and nothing else.....
Ps.
....working for friends (insert eye roll) avoid it.