QUESTION

Can a photographer be sued for not providing print quality images from a shoot that was for online use?

Asked on Jun 21st, 2017 on Breach of Contract - Illinois
More details to this question:
I photographed product shots for a website, now 2 years later, I'm being asked for HIGH RESOLUTION versions of those images. 300dpi is what they want, 150dpi is what I had delivered. I was paid very little for the shoots [some shoots I received no payment]. They have been using my images online for the past 2 years. Do I owe them 300 dpi images at this point? Unfortunately this was done for a friend and no written contract was made- just verbal. They are now threatening me through a lawyer for HIGH RESOLUTION copies of all the images.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Whether you are obligated to provide high res  images depends on what your agreement was.  If the issue was never discussed, it is possible that the issue would be resolved based on the custom and usage in the industry - is it customary for high res images to be provided in this sort of job.  it is also possible that a court could hold that, having used the images provided for 2 years before seeking such images, your friend has either waived any right he/she may once have had to them and/or has ratified the contract as requiring only the images you provided.
Answered on Jun 21st, 2017 at 10:34 AM

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