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Posted: January 4

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Testimonial Question sort of...

~brittniO Jan 4, 2013

A few months back I interned at a bakery, while there I offered
to take some pictures of their place (and of course the food) free
of charge. Mostly it was just for the practice and to say thank you
for the internship. Just as a side note, I appreciate the opportunity
even though they did not keep me on for even a month (about 3 weeks) and
to be completely honest, I didn't learn much (other than I don't like working with people...)
but it was still an experience. I gave them a total of 81 pictures, all edited, all in full
resolution. You can see some here: [link] and I
never placed any restrictions on what they could be used for. As far as I know (of what I've
seen) they've just been used on their Facebook. I kindly asked them weeks ago if they
could write me a testimonial (even if brief) as I could really use it to help get my
business off the ground. They still use my pictures (uploaded one today) but I've never heard back from them. At the time I was very stupid about my watermark and it is hardly recognizable on the pictures
so I'm not getting any kind of "free advertising" either. Should I leave this as a lesson learned
or am I justifiable in being at least a little irritated... ?

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~ManualFocusPhoto Jan 7, 2013 Student Photographer

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.

=ChristophMaier Jan 7, 2013 Hobbyist Photographer

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!

~Yenneferx Jan 5, 2013 Hobbyist Photographer

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.

~brittniO Jan 7, 2013

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.

~Plage-Photo Jan 4, 2013 Photographer

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.

~brittniO Jan 7, 2013

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

~Svenler Jan 4, 2013 Professional 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.

~brittniO Jan 7, 2013

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

~Svenler Jan 15, 2013 Professional Photographer

No problem. I'm glad it helped.

*AdyDay Jan 4, 2013 Hobbyist Traditional Artist

I saw your photos,and am sure you have to tell them what you worry about!
Let them compromise with you and give you some credits!

Good luck!

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