Ethical question

[southeast stephanie]

Here is my dilemma. We just had a new skiff built. Its very nice. I happened to get some great shots of it the other day, so I sent them to the skiff builder to see. He wants to know if he can put them on his website. As a semi-pro/pro photographer (I do not deal with rights managed) but i don't want to give him these photos for free. I don't want him to think that my original intent was to lure him into wanting them so he would buy them (which had not actually occurred to me.) In addition, he charged us less for the skiff than he normally would have because it was going to a new area where he wanted his skiff to be seen and essentially be advetising for him. SO although we spent a lot on it, we got a good deal on it. But I see the photos as a separate issue and don't want to give them away, but I also don't want to alienate him. These communities are too small.
Also, I'm not sure what I would charge him for the photos. I'd sell him the higher res file for future use on his website/brochures, etc. but what if he only wants a little picture off to the side of his site? I haven't talked to him yet. Any ideas? Thanks.

[RayfromAK]

Why not giving him a "copy" of the photo free of charge in exchange for the deal he gave you? In reality you aren't giving him your photo, just letting him use it for advertising his business. You can always tell him that he can use the photo for that purpose alone, and only if he gives you recognition for taking it. As such, your name should appear at the bottom edge of your photo.

[Floyd_Davidson]

Also, I'm not sure what I would charge him for the photos. I'd sell him the higher res file for future use on his website/brochures, etc. but what if he only wants a little picture off to the side of his site? I haven't talked to him yet. Any ideas? Thanks.

Just tell him you really had not considered that, but would be happy to discuss commercial use of your work... and given his history you will offer it to him at a discount. Be specific about the size of the discount and make it big. Don't be specific about the prices or the use you might license. Let him specify the use. Then figure out exactly what you would actually charge for that license, and offer it at the stated discount. And if there is some specific use you would not license, itemize that with the first response. (An example might be that you cannot have it appearing in the same venue as some other work you do. Or you might want to specify that you will not consider an unlimited license for reproduction rights. That sort of thing. Whatever it is that you can't live with needs to be known right up front.)

And I would seriously consider simply allowing something like a one time use of those images, with attribution, at no charge at all... because the boat was great, thanks!

[Snowwolfe]

Even though the photos might be a separate issue you would be out of line asking for payment since you freely admit he gave you a great price for the skiff because he was expecting others to see the boat as he gained advertising in a new market.

This is a classic case of being nice and simply returning the favor. Besides, who else would want to buy the photos? It is like you are expecting him to pay, after he gave you a break, when in fact you most likely have no other market to sell them to in the first place.

You sent him photos he was not expecting which he liked and then want to ask for payment? Not cool under the circumstances you mentioned. It would be a different matter all together if no boat purchase was involved. Tell him the photos are a return favor and ask him to give you credit for them if he uses them in his business but they are not to be shared.

[Akres]

Rule of Thumb re any ethical question...If you have to ask...You already know the answer. Attempting to justify denial is illogical.

[EagleRiverDee]

I think if what you would normally charge is less than the deal he gave you on the boat, you should give him the pictures. He gave you a deal expecting nothing, didn't he? Shouldn't you return the favor?

[southeast stephanie]

"when in fact you most likely have no other market to sell them to in the first place."

You sent him photos he was not expecting which he liked and then want to ask for payment? Not cool under the circumstances you mentioned. It would be a different matter all together if no boat purchase was involved. Tell him the photos are a return favor and ask him to give you credit for them if he uses them in his business but they are not to be shared.

I have a contract with a photo stock agency, so I actually do have other markets for them. I could send them to my agency!

Anyhow, by the time I had already seen you post, I told him to use them on his site with my images (watermarked) and said if he had further use (in print) I'd like to discuss it further.

[375ultramag]

If it were me I would say sure, could you give me some photo credit on it though. Nothing like spreading your name out there.

Do you have your own website yet? I too am just getting started toying with photography. I have done a few side jobs.

www.samamatophotography.com