Photos on Web

[kevin]

I recently had a client who asked me to take down photos of his kitchen but I started reading about this and my question is: do I really have to comply? From what I read, it is only if you show the house number or show somebody's face. It seems to be a very grey area. I think that if it is your design, then it is your art. It is like a painting. Somebody can own a painting but the artist can have a copy and show it as his or her portfolio. Customers can't own your designs. Or I could be wrong. Any thoughts?

[adrianm]

Before the bottom dropped out of the market a lot of my work was refitting yacht interiors. Not a single owner would let me take photos of the work onboard their yachts.

I always took the view that photographs were of their property so they had every right to refuse.

[bob_s]

I am NOT a lawyer, but a retired photographer. In the US the copywrite stays with the artist, since a law change in the 1980s. But ticking off a client has it's obvious downside risks. I believe your situation is the same as a photographer selling a print for a wall, but unless it is explicitly transferred the intellectual rights stay with the photogRapher

[Gary Campbell]

I usually agree with Bob, but not in this case. The picture was of the clients property. And most likely taken in his home. If this was done without his express permission, then take them off the web. The "work" and the picture are separate items in this case.

Like Adrian, we always ask prior to taking pictures, about half, especially marine woodwork, decline. We always honor the customers wishes. They are much too valuable to irritate.

Knowing that we are often refused the ability to take picture of the completed installations, we sometime take pics in the shop that show details or features. These are kept in a portfolio in the shop, occasionally shown to customers with similar tastes or questions, but never placed online.

[michael_schwartz]

If they complain I would apologize and take them down, no questions asked. The pictures were taken within the privacy of their own home.

[kevin]

I took the photos down. I was planning on taking them down anyways. I took them down because I didn't want the hassle. This guy is just a control freak. The only time that ever happened to me was about 5 years ago. Most of my customers are happy to have their photos on the web. They feel it is a compliment. Thanks for the input.
But I have photos of the kitchen taken in the shop before I delivered them and I will post them just to piss him off. But my question is,legally, do I have to do what the customer asks of me? I think it is a very grey area. I don't think the internet and the law have not caught up.

[Gary Campbell]

Kevin...
If we are lucky, one of our happy customers will tell 10 people and help our business. An unhappy customer will make sure to tell 100. Do the math.

If you are building a piece of furniture that will be for sale, it belongs to you, and by all means take and post all the pictures you can. IF you are doing a commissioned work, or any scratch work on a contract or proposal, remember that all the work belongs to the client, as it has been presold. Assume it is his property and you will be correct. Take pictures and show them without his permission and you will be wrong.

The customer may be an a**hole, but in the long run he is correct. You do not, and should not have the right to take pictures of his "stuff" unless it is from public property. It is not unusual for clients to not want pictures taken of their homes or the objects they put in them. There are many reasons for this, too many to list here.

Do you want to be known as "the guy that posted the pics when the client asked him not to?"

[gene]

Tiger Woods won a law suit against the builder of his yacht for using photos of the interior of the yacht.

[waynelocke]

Posting pictures to "piss off" your client seems crazy. Gary is dead on on that one.

My design contract makes clear that I own and retain the copyright to the design. The client cannot then reproduce the design without my permission.The client owns the piece if they buy or commission it but not the design.

I have occasionally photographed pieces in my shop before delivery and usually for convenience. I don't consider the piece to belong to the client until the piece is delivered and the final payment is received. I always ask before photographing a piece on site and would never do so without asking.

All that said, if a client asked me to remove a photo from my website or portfolio regardless of where the photo was taken, I would immediately do so.

I don't know what the law is but Tiger Woods may also have addressed the issue contractually.

[kevin]

Thanks for your input. I will take pics every step of the way. It acts as a log, because that job took over 2 months. We had to threaten to put a lien on the property in order to get the final payment. I think if there were any bridges they are all burnt now, but the photos saved my behind. The only photo I care about showing is the fan photo. I used to work in aircraft interior, 13 yrs ago, and we had to sign a paper that said that we couldn't take pictures. The main reason was not to show how luxurious these customers travel. I am not going to get stressed out over some phosots. I have to be creative in the shop so I won't post the pics on my website.