my business site & pics of customer's work

[chopshop]

I am in Massachusetts. (not sure if that makes a difference or not).

My website posts pictures of the work that I do on my customer's vehicles-some taken because I have long distance customers (and their individual page shows them the transition and progress) and then once the job is done I keep a page up there to show the work done (completed).


If the pictures were taken by my employees of something that was being worked on in my shop, arent they considered my property?A former customer is demaning I take 'his' pistures off our website- yet when they were up there (when he WAS a customer) he never had issues with it-in fact would provide pictures for the site as well.

The work being shown is very specialized AND something that shows the abilities we have (and not just anyone can do) and I'd like to keep it up there .(FYI- the pictures are actually hosted elsewhere and I have created a slide show for viewing-of which the code is embedded on the site- not the acrtual pictures-not sure if THAT makes a difference either)


I do have a disclaimer on the bottom of my website pages stating the pics are our companies proprty as they were taken by us...


If I should have to take them down- what is the legal way he needs to ask? I am assuming an email isnt binding because it doesnt provide a signature? Shouldnt he compose a letter sent by USPS?
Not trying to be a jerk here for the guy- but taking this stuff down could hinder my busienss leads.
thanks


PS I forgot to add that now my customer contract hasa rpovision on it that says we can use them for a period of not less than 1 yea but this guy didnt have such a contract- h began his work with me when I was not a business yet and was still in the process of setting it up legally- at the time it was just two guys working on a car....

 

[seniorjudge]

Q: If I should have to take them down- what is the legal way he needs to ask?

A: Sounds like he already has. Take them down. Save yourself some hassle.

 

[chopshop]

Q: If I should have to take them down- what is the legal way he needs to ask?

A: Sounds like he already has. Take them down. Save yourself some hassle.

Actually he hasnt - or so I think- he sent an email that seemed like a follow up email to an original request (to which I replied asking what he meant and he never replied back)-I have a contact form on my website which is sporadic at best for getting emails to me(free-I guess I cant complain)and he used that.

From this email it sounds like that is what he is asking for.

My dilemma is simply this: Taking the pics down WILL cost me future business due to the nature of the work that should be shownand he has never called to ask me. Im a reasonable guy but HATE email- when something gets to the point you need to TALK- I want to TALK not email back and forth...:yes:

He knows how to get in touch with me personally-when he was a customer he never thought about calling on a Sunday or 10pm on a weeknight.....:no:

 

[WebJunkie]

From here on out, add a clause to your contracts saying you have permission to use before and after photos to display the work you have done.

Speaking of, what /do/ your contracts say on this point?

 

[chopshop]

From here on out, add a clause to your contracts saying you have permission to use before and after photos to display the work you have done.

Speaking of, what /do/ your contracts say on this point?

our contract now has a clause like that:


The Customer knowingly acknowledges and consents to allowing the Company to post any photographs taken of said vehicle by the Company for the following: trade shows, publications, website and advertising promotions for a period of not less than one year. If Customer wishes to terminate use after one year, he/she may do so in a written request to the Company. The Customer also bestows all rights to these photographs to the Company and acknowledges that he/she may not sue the Company under M.G.L. c. 214 § 3a, for said photographs. __________
We may alter that to include written US Postal request or somehting like that- not sure yet.
The guy I am having issues with never had a contract with me as I wasnt a business when I started doing work for him- just a friend helping a friend(Some friend huh)

He even provided some of the text and images for his page when he was a customer.

He has contacted my wife on her personal email saying if she didnt take the images down (She helps with my website) he 'promised' it would get ugly... NOT COOL

 

[Michael Wechsler]

Why don't you just have a clause that you can take pictures of your designs and keep them in your portfolio to show clients. If a client has an exception to it then you can work it out from there. By default, the one year provision is a pain for you and most clients won't care if they allow you the one year.

What is the problem with the client who won't let you keep the picture of your work up? You might be able to show some of your work in progress, e.g. the decal worked on in your store but not as it is applied to the car. It's debatable and this is something you should be able to work out. The challenge here is if the person you did the work for has something very identifiable and a trademark and he doesn't want it to seem like someone else did the hard work or concept or be associated with his brand. Good luck with this.