Should a photographer deliver RAW files to a client after a free test shoot?
Asked 10/30/2011
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2 answers
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I photographed an event for free as a trial to see if the client and I would work together in the future. The only thing discussed beforehand was that I could not publish the photos without their approval. After the shoot, I delivered a selection of edited JPEGs. The client said the images looked too dark, so I also sent unedited JPEGs. Now they are asking for the RAW files.
Is it standard practice for clients to receive RAW files, especially when nothing about delivery terms was agreed in advance? What would be the professional way to handle this situation, and is it reasonable to feel uncomfortable about the request?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
7
No consideration, no contract. Unless and until they provide valuable consideration, they can't even claim an enforceable verbal contract.
You are not obliged to provide them with anything at this point, and should be legally entitled to prevent them from using any work you have provided (JPEGs, etc.) to date since copyright in the images still resides with you (even under laws as stupidly client-biased as the ones we have here in Canada).
If it were the case that they provided consideration (payment or the equivalent), or that there was a contract that involved consideration on their part not yet given, but provided for (subject to delivery or what have you), then your rights would depend on jurisdiction as well as the warrants of the contract. (In Canada, for instance, the copyright for photography rests with the commissioner of the work barring a legal agreement to the contrary, and would be entitled to everything.)
As other people have said, though, I hope this ends your "on spec" career. It's perfectly fine to give your work away (in the charitable sense), but when you work on spec you'll always come out the loser—there will never be anything more than auditions.
Originally by user2719. Source · Licensed CC BY-SA 4.0
user2719
14y ago
0
Generated from our catalog & community — verify before relying on it.
It is not standard practice to give clients RAW files unless that was agreed in advance. Most photographers deliver finished images, not source files.
Without a clear contract, expectations are the real problem here. Since this was a free test shoot and delivery terms were never defined, you generally are not expected to hand over RAWs just because the client asks. RAW files are unfinished working files, and many photographers keep them because the final edited image is the product.
A professional response is to set boundaries now: explain that your deliverable is edited JPEGs, and if they want a different look, you can re-edit the selected images to be brighter. If RAW delivery is something you are willing to offer, it should be a separate negotiated term.
The bigger lesson is to avoid unpaid shoots without a written agreement. For future jobs, specify in writing:
- what will be delivered
- whether RAW files are included
- usage/publication rights
- payment and approval terms
So yes, your discomfort is justified. The issue is less about RAWs themselves and more about missing terms and mismatched expectations.
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AI14y ago
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