Website Photo Rights?

Justtrimmin

We are developing our website, I recently ran into a past client, who requested that we not use any photos from her house . This was one of our proudest interior projects since we have been in business, 2 mantles, beams, crown trays with backlighting, kitchen gut / remodel / tricked out laminate work plus more. Of course we have other projects we can display...... My question is do I have the right to post the pictures anyways? I realize that it might burn a bridge, but these pics might bring in more work from future clients who don't mind seeing my business grow. Any suggestions and / or opinions?

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Mike Kline
www.trimworkscustomcarpentry.com
"A man can't ride your back unless it's bent"

send_it_all

Did she give a reason why she doesn't want you to use the pics? If it were me, I would probably continue to use the pics until court-ordered to stop.

Justtrimmin

She didn't say anything when I asked. I think there might be a bi- polar deal going on, it was the strangest left hook I have ever received.

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Mike Kline
www.trimworkscustomcarpentry.com
"A man can't ride your back unless it's bent"

Mike Finley

Did she sign a release? If she did then you can, if not the answer to your questin is no.

Google copyright laws for details

DavidC

If a good customer asked me not to publish the photos I woud honor the request.

Technically I think you need a written authorization to do so, but I'm not a lawyer. Practically I've never asked for authorization for the photos we've used and have found most clients to get a charge out of seeing their project on the web.

Good Luck
Dave

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www.CookContractingLLC.com

bujaly

Ditto.. In my contract, I have a photo rights line..

Photography rights: Homeowner agrees to allow Contractor photograph rights consisting of before and after pictures of Contractors work. Contractor obtains all rights of photos taken in or around the Homeowner’s property, strictly for learning, marketing and references purposes only, and not to be resold. Contractor further agrees that photographs will be limited solely to said project.

I'm good to go with every photo I take. I mainly use them for reference purposes.
But like Mike said, if she didn't give you permission, then you can't use em.
Maybe you could offer her some money or some free work, if she signs the rights to you. I mean, if you believe that this will generate business down the road, what is a $100 or $200 bucks?

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Justtrimmin

Thanks guys.
I appreciate the input, I am absolutely going to add that into my future contracts. We are making the transition from subcontracting work for builders, into contracting remodeling projects on our own. I have much to learn, thanks again.

__________________
Mike Kline
www.trimworkscustomcarpentry.com
"A man can't ride your back unless it's bent"

Winchester

You can always keep them in an album to show prospective clients who are not on the internet

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Ryan

parkerlj

I think you said it yourself mate, it will burn bridges and thats no good in the world of business. Surely you have other photos you can use. However saying that will this person really see your website?????

Mitch M

I would refer to the following link. http://www.krages.com/ThePhotographersRight.pdf

I am not a lawyer, but unless they stopped you from taking the pictures in the first place or told you that you could not take pictures, I am not sure there is a legal standing on her part. I am not a lawyer, but furthermore, unless there is something on the pictures, such as the client, something with the address, or some other identifying mark as to who, what, and where, I don't think there is a legal standing there either.

Here is a clause that I have in my Thermographer contracts, however, I am not a lawyer so you need to have it checked with your own. Digital Photos: Client agrees to allow the Inspector to take digital photos of the project at any time and understands that the pictures are the property of the Thermographer and that they may be used in advertising, promotions, documentation, and any other means so desired. Thermographer shall take reasonable measures to ensure the privacy of the Client and further agrees not to show the name or address of the Client in any public venues unless agreed to in writing by the Thermographer and the Client.


I would put some kind of wording in your contract, especially if you are going to use it for marketing. Do not assume that it is implied.


By the way, did I mention that I am not a lawyer?

buildenterprise

You may burn the bridge with her other personality but not with the one you did the job for.....does that count?

RobertsonBridge

You might go back and see if there is some sort of compromise you can make. Ask them what their concerns are. It might just be a situation where they don't want people copying their house. After all if everyone's house looks like theirs, it's value decreases.