Laws that dictate how long we need to keep client photos?

1 year 10 months ago #739476 by Miss Polly
I'll normally keep client images on hard drives, which there is no normal.  However I just had a client reach out to me from a shoot I did nearly 10 years ago, ask for RAW files.  Which normally wouldn't be a problem, however I went to the WD drive to retrieve, and the disk is giving me an error!  I can't get the files.  Now I would have charged them for the images, however I can't access.  The client is furious stating that it's the law that I keep backups of photos.  :blink:   I've never heard that, but I don't know everything so I'm posting this here.  I think IF there is, there must be some statue of limitation based on time?  


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1 year 10 months ago #739483 by db3348
Well,

Miss Polly wrote

" stating that it's the law that I keep backups of photos. "

Would be interested to know from where your client is quoting that so-called " law " ? :  perhaps  social media opinion or recommendations ,  rather than set-in-stone , enforceable government legislation passed in congress .
Yes it is often suggested, recommended , in forums like this,  to  keep a couple of back-up copies of files on a reliable medium for at least several years ,  but  I  know of no law that has been passed in congress or parliament , obligating a person to do so ,  like tax and accounting records .
Don't believe ,  if it does exists,  that images woiuld be any different to accounting documents ,  which  I believe is 6 or 7 years .
On the technical side,  can you quote the exact error message ?   While I'm no expert on solving computer issues ,  it  might give a clue as to the exact root of the fault .

db3348


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1 year 10 months ago #739488 by Ozzie_Traveller
G'day Miss P

Like Dave- I am also not aware of any "legal" requirement to keep images for xx number of years. I would accept the financial / taxation regulations of 7-years should satisfy any court of law should an issue get that far

Hope this helps
Phil from the great land Downunder
www.flickr.com/photos/ozzie_traveller/sets/

Phil from the great land Downunder
www.flickr.com/photos/ozzie_traveller/sets/

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1 year 10 months ago #739492 by icepics
I don't think there are any laws specifically about photography; there are laws related to small businesses. I don't know if there are any laws related to retaining client info./files/products, etc.

I guess this will be another thing to include in your contracts, on your website, etc. Then you can refer clients back to their copy of the contract or to your site. 

Photographers used to keep their film negatives indefinitely and I think many still do with their digital photos. Same thing from me as from others - I keep copies of anything important in 2-3 different places to have backups. (Not everything, just final copies, or maybe original Raw files, or... I don't know, just depends on what it is.)

Try the US small business admin site (can't think of it, it's a .gov site, sba.gov maybe??). Or try PPA or ASMP for resources.

Sharon
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1 year 10 months ago #739542 by Overread
What?  LOL someone smoke something before calling you?  


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1 year 10 months ago #739584 by CharleyL
I owned a photo retouching business in 1998-2002, and back then the best way to archive photos was CDs in Tiff and Jpeg with high res Tiff being my choice for most. RAW wasn't even available back then. These CDs have always been stored in  AC/heated/controlled humidity areas (now in a cabinet in the corner of my studio). I still have all of those CDs (several thousand) and I have gone back into them several times for past customers and never had a problem retrieving anything from them, but I wouldn't expect them to last much longer.  My CDs are 20+ years old and I can still retrieve from them. I think 7-10 years is a reasonable life for digital photo files and I have never seen any laws requiring that they be kept a certain minimum time. Spinning hard drives are not and have never been considered as viable archive storage, unless in a RAID configuration and in frequent use. 

There are ways to recover files from hard drives, but the service is usually expensive, and there is no guarantee what can be recovered. 

Charley


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1 year 10 months ago #739600 by Prago
+1 send your drive to Hard Drive recovery place, have the client absorb some of the cost.  

SWM into chainsaws and hockey masks seeks like-minded SWF. No weirdos, please
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