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Microstock Photography Forum - General => Newbie Discussion => Topic started by: sauser on May 25, 2016, 00:01

Title: Selling food photo question.
Post by: sauser on May 25, 2016, 00:01
In case that I shoot restaurant's menu photos requested by client, and  I would like to
sell  these photos in stock photo site,

In that case, is there gonna be a problem, if I would not get a client's permission?

The photos will only contain food and dishes and props.
Title: Re: Selling food photo question.
Post by: ChrisGardinerPhotography on May 25, 2016, 00:23
are you shooting for a restaurant like alinea, or something with a well known chef making distinctive dishes? then you should ask, they'll recognize their work wherever the pics are used.

if you're shooting something for a pub or a regular restaurant like fish and chips, chicken wings, shepherd pie, club sandwiches, etc, things that everyone serve, you're probably okay.

i was a restaurant chef before I started photographing full time. best thing to do is just be up front with them from the get go. the chef is an artist just like you are, they'll be happy to hear someone appreciates the visual presentation of their work in most cases.
Title: Re: Selling food photo question.
Post by: substancep on May 25, 2016, 00:34
Keep in mind that food designs, unless it's something like home cooking, can be copyrighted.
Title: Re: Selling food photo question.
Post by: Fudio on May 25, 2016, 04:51
are you shooting for a restaurant like alinea, or something with a well known chef making distinctive dishes? then you should ask, they'll recognize their work wherever the pics are used.

if you're shooting something for a pub or a regular restaurant like fish and chips, chicken wings, shepherd pie, club sandwiches, etc, things that everyone serve, you're probably okay.

i was a restaurant chef before I started photographing full time. best thing to do is just be up front with them from the get go. the chef is an artist just like you are, they'll be happy to hear someone appreciates the visual presentation of their work in most cases.

Could not agree more...let your client know what you intend to do long before you do the shoot...and get it in writing. Don't be surprised though if you run into resistance from the client when it comes to multiple use of images they are paying for. Trust me, you will get a phone call the minute one of their competitors happens to use the same image or images.

My strategy for this has always been to charge a full day rate or per image rate for menu/product shoots, with a discount if the client is amenable to "sharing" the images with others. It might be telling to note that in my experience very few ever take the discount offer.
Title: Re: Selling food photo question.
Post by: Mantis on May 28, 2016, 08:14
If I'm a restaurant owner paying you to do a shoot for my business, I would not want to see the images I paid for on another restaurants menu, purchased through micro stock. I believe that you should have this clearly stated in a signed contract to protect you in the future.  Everyone is correct in that you should be upfront with them AND get it in writing.  I would also be clear that anyone can purchase the image, including a competing/similar business. 
Title: Re: Selling food photo question.
Post by: alno on May 28, 2016, 10:15
If I'm a restaurant owner paying you to do a shoot for my business, I would not want to see the images I paid for on another restaurants menu, purchased through micro stock. I believe that you should have this clearly stated in a signed contract to protect you in the future.  Everyone is correct in that you should be upfront with them AND get it in writing.  I would also be clear that anyone can purchase the image, including a competing/similar business.

As far as we are talking about restaurant menu photos, it's hard to imagine some other restaurant will use any kind of copyrighted complicated design photos in their own menu while they are not making such food. The will surely have legal or customer expectation issues.
Title: Re: Selling food photo question.
Post by: Sean Locke Photography on May 28, 2016, 10:48
If I'm a restaurant owner paying you to do a shoot for my business, I would not want to see the images I paid for on another restaurants menu, purchased through micro stock. I believe that you should have this clearly stated in a signed contract to protect you in the future.  Everyone is correct in that you should be upfront with them AND get it in writing.  I would also be clear that anyone can purchase the image, including a competing/similar business.

As far as we are talking about restaurant menu photos, it's hard to imagine some other restaurant will use any kind of copyrighted complicated design photos in their own menu while they are not making such food. The will surely have legal or customer expectation issues.

He didn't say "complicated design photos".  He said "restaurant menu photos".  Like a burger.  Which could appear in the background of any menu.
Title: Re: Selling food photo question.
Post by: Fudio on May 28, 2016, 11:38
If I'm a restaurant owner paying you to do a shoot for my business, I would not want to see the images I paid for on another restaurants menu, purchased through micro stock. I believe that you should have this clearly stated in a signed contract to protect you in the future.  Everyone is correct in that you should be upfront with them AND get it in writing.  I would also be clear that anyone can purchase the image, including a competing/similar business.

As far as we are talking about restaurant menu photos, it's hard to imagine some other restaurant will use any kind of copyrighted complicated design photos in their own menu while they are not making such food. The will surely have legal or customer expectation issues.

Great point though about "customer expectation issues". Thank goodness that's one thing stock libraries can't easily address.
Title: Re: Selling food photo question.
Post by: Shelma1 on May 28, 2016, 11:48
If I'm a restaurant owner paying you to do a shoot for my business, I would not want to see the images I paid for on another restaurants menu, purchased through micro stock. I believe that you should have this clearly stated in a signed contract to protect you in the future.  Everyone is correct in that you should be upfront with them AND get it in writing.  I would also be clear that anyone can purchase the image, including a competing/similar business.

As far as we are talking about restaurant menu photos, it's hard to imagine some other restaurant will use any kind of copyrighted complicated design photos in their own menu while they are not making such food. The will surely have legal or customer expectation issues.

He didn't say "complicated design photos".  He said "restaurant menu photos".  Like a burger.  Which could appear in the background of any menu.

I think Irina meant that use of the photos was complicated by copyright issues, not that the design was complicated.
Title: Re: Selling food photo question.
Post by: farbled on May 28, 2016, 13:02
Also depends what country you're in. In Canada prior to 2012 you used to have to have it in writing that the photog owns the copyright if you were hired to do a shoot for a client for commercial use. You should get something in writing regardless.