Well, you gave them the photos without any contract, so legally (at least here), that means you can't sue for what they use them for, unless it's harmful for you. That said, they're being total jerks for not even responding to you. Have you tried going down to the bakery and talking to them in person? On the other hand, you don't really need any testimonial, as your work should speak for itself (and it really is beautiful work). So yeah, just leave it at that, not really worth the hassle. They should at least tell people it's your work when asked though. If they don't, then you can sue them, as you still own the copyright for the photos.
I would let it go and file it away as 'lesson learned' I don't know anything about copyright law in South Africa but I would guess if push comes to shove it could be argued that you were 'employed' by the store at the time you took the photographs. As such it might be argued that they were in fact part of your work deal with them. Might be legal, might be not, but I somehow doubt that you'll get something worthwhile out of it. It sure sucks that they don't want to help you out even with a testimonial, but I would guess that trying to force the issue really would only be a lot of hassle with very little return. But if it is something you really do care about I would suggest to get real legal counsel. Getting legal advise from the internet is rarely a good choice.
You have some really great photographs by the way! Wonderful work, too bad you don't have them on dA. (I have to say that I find the website a bit tedious to work through. dA's system is much faster for browsing images) Especially the food photographs are really well done!
wow, nice photos But... For sure it will be the lesson for you to sign a contract next time, it would be much easier. But if you did photos you can use it to help your bussiness. You can use it in portfolio etc. and the work say more then any testimonial. And you can ask your frends to comment their photos on facebook and made you an ad Just write "This photo was made by..." or even do it yourself, maybe the bakery will get understand that they should do it.
Thank you! "and the work say more than any testimonial" I never thought of it like that, a really good point I've always felt that way about not having any schooling so I think this is another example of letting the work speak for itself.
First, I've done a bit of food photography, and your work is excellent! The lighting, the styling and presentation are all very well done.
Second, you should rethink that website - it is wider than my widescreen laptop - on your front page, the logo on the left is mostly off the screen... it isn't a bad design, but not good for your "average" client.
Third, I would simply let it go. A photo credit and 50 cents still wouldn't get you a cup of coffee. You got some wonderful portfolio pieces out of the shoot, accept that and move on.
Instead of worrying about that, spend your time pounding the pavement to all the shops competitors and see if you can get some paid business.
Thank you so much that means a lot! & thanks as well for letting me know about the layout, I believe my screen is 17 inches and I didn't even think about how it would look on another person's screen. I guess I have no future as a web designer lol *sigh* I agree, I think I will just leave it as good practice and then never buy anything from their bakery
SvenlerFeatured By OwnerJan 4, 2013Professional Photographer
In terms of contract law, you have not received valuable consideration for your pictures if they were done outside of your work agreement, hence there is no valid contract.
Your options are to...
1) Bargain for valuable consideration if they want to keep using your pictures. 2) Send them a cease and desist letter. 3) Let it go.
Which of those ways you choose depends entirely upon your business model and your relationship with the other party. I would go with the first option, which you already tried, but keep trying. When I started out as a photographer, a large newspaper used one of my pictures without telling me or compensating me for usage but I kept contacting them and while it took me a year, I finally got paid.
Thank you for the response! As always you are the wiki of anything photography-related lol As others have suggested I think it's best to just leave it as good practice and at the very least I have a bunch of pictures for my portfolio. I'm not sure if I've 100% let go... but these posts have made me feel better so for now they need not fear my crazy internet stalker wrath lol