The original is still the purchasers.. She is simply paying for something different.
Longshadow wrote:
I would simply verify with Michael's and the client that they understand it is a copyrighted print and only to be used in this instance, and the file is to be deleted upon completion of the work.
Would the client be returning the original purchase?
Otherwise, would it not be a second "print"?
Interesting situation...
Years ago I had something printed somewhere and I had to sign that the image was indeed mine.
I believe that Michael's would treat it as such anyway as mostly all printers respect the ownership of images. (For obvious legal reasons.)
I would simply verify with Michael's and the clien... (
show quote)
Genessi wrote:
The original is still the purchasers.. She is simply paying for something different.
One would think.
An additional purchase. The photographer just didn't provide it directly.
Ask your client specifically what they want. Quote them a price (after checking your cost to get it done) and tell them they can then take the new print any where they want to get it framed.
You didn't give them a digital copy to get the first print done. Why give it up now?
Holding the digital file is like holding the negative.
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Ok! Here is the scoop now. She says I will give your print back and you still keep the money. She is still gonna get my pic on a different media. Should the digital be same price as print. I will get my zip drive with the one pic back.
Genessi wrote:
Ok! Here is the scoop now. She says I will give your print back and you still keep the money. She is still gonna get my pic on a different media. Should the digital be same price as print. I will get my zip drive with the one pic back.
Well, she's doing the footwork.
Not knowing all conditions of the situation, but if the monies she paid for the initial print is acceptable for the "replacement" print, and she accepts/honors a copyright statement (and seems like a nice honest person) I (as in me) would consider doing it. Odds are she would just have the print on wood made.
Just my opinion though.
A quick fix would be to go to an online print shop like Adoramapix, or to Costco, and have them do it off your digital image, then sell to the customer the finished product at an appropriate retail price. I wouldn't normally be handing off any of my images that I wanted to reproduce later without some extra compensation for the rights and with a contract delineating the use thereof. That would be like Ford selling the blueprints to a car so a customer can go make their own version.
A friend of mine took a photo to Michael's to be framed. They also asked for a copy. She signed for the work to be done. Later she went back to Michael's and there were several prints of her photo for sale that had been digitally enhanced(photoshop). Ironically I saw that beautiful photo online and showed her, not knowing it was her photo. She told me what happened. I asked her if she sued or had recourse? She said she tried but when she signed to have Michaels do the work, the receipt said in fine print that Michaels reserves the rights to modify, alter and sell said prints. I have now seen that same photo for sale in Bed, Bath and Beyond and Walmart! She got zero money for the photo. She showed me a copy of the original on her cell phone so I could see it was legit. Sickening!!!
Jim Eads wrote:
...
... ...Michaels do the work, the receipt said in fine print that Michaels reserves the rights to modify, alter and sell said prints. I have now seen that same photo for sale in Bed, Bath and Beyond and Walmart! She got zero money for the photo. She showed me a copy of the original on her cell phone so I could see it was legit. Sickening!!!
WOW!
See the "contract" AFTER the fact???
Guess who's NOT getting MY print mounting business!
CPR wrote:
I would tell the client that they bought a print and if they want a different print the cost is $___?
denny
I agree. It would require an additional charge.
I am going to the clients house who also is a friend and she is gonna order on line then I will get my digital file back.. And from now on If they want my print on wood Metal whatever I will handle everything myself and they can pay for the finished product. Will NOT lead my digital out.
BlueMorel wrote:
A quick fix would be to go to an online print shop like Adoramapix, or to Costco, and have them do it off your digital image, then sell to the customer the finished product at an appropriate retail price. I wouldn't normally be handing off any of my images that I wanted to reproduce later without some extra compensation for the rights and with a contract delineating the use thereof. That would be like Ford selling the blueprints to a car so a customer can go make their own version.
Charge them for a wood block copy. They bought a print and that's it.
My guess is that the buyers of your print were offered an up-sale alternative. My feeling is similar to the other comments. It Michaels, or whoever, is intent on making more money through an upgrade, than providing a routine framing, a significant amount of that money should go to the "artist".
I say, get a lawyer and be made whole. That’s copyright infringement and probably felony theft.
I’m not a lawyer but that would really make me mad!
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