Revoking Image Usage Rights?

[e r y k]

Hey guys,

I've run into a small problem here. A month ago I decided to go out of my way and help someone I knew shoot a few group portraits. Everything went smoothly, and everyone was happy.

I charged them an amount which I thought was way more than reasonable for what they got. In fact I'm pretty sure I undercut myself.

I was promised payment via paypal or check within a week or two. Till this day, I still have not seen anything. The person that is coordinating payment isnt the brightest person you would want to talk to.

It is definately my fault for handing over the images before I recieved payment, but at this time is there any way I can legally revoke usage on the images until I get paid? Or am I SOL?

Thanks

[adam LC]

Were you promised payment via email or hard copy?

I would say that your only course of action is to be polite and keep asking for payment. Unless you had it in writing first, it was a mistake to hand over the pictures. Again, be persistant AND polite when you ask for payment.

Hope it goes your way.

[stathunter]

Sorry to hear about this. I never give anything until I get paid or I do the work for free......special circumstances. But seems like a lesson learned.
I will still insist that you are paid. Your contract should read that in exchange for payment you give them rights---which means without payment they have no rights.
I always find it easier to hold the "tough" line of you get nothing until I get paid. I had a potential bride who called me and emailed me then signed and sent my contact back to me---but never paid me. I was very polite to her but told her that we really have no contract without payment. The payment was a fee that retained me for services---since I had no payment there was no agreement. She cried and moaned---but I knew if I she could not afford my 50% retainer she would not be able to pay for the rest of it.

[e r y k]

Thanks for the input guys :)

I guess I need to work on not being too nice. Which is why I think photography business wise isnt for me... I can never be mean :P

I also need to get workin on contracts, as much as I dont want to make them, I guess its the only way to protect my rear end and get paid.

[stathunter]

Thanks for the input guys :)

I guess I need to work on not being too nice. Which is why I think photography business wise isnt for me... I can never be mean :P

I also need to get workin on contracts, as much as I dont want to make them, I guess its the only way to protect my rear end and get paid.


Yep. Just practice saying this to clients that don't have $$$ *in the soup natzi voice* NO PHOTOS FOR YOU!

[Zansho]

Yep. Just practice saying this to clients that don't have $$$ *in the soup natzi voice* NO PHOTOS FOR YOU!


You don't have to be THIS dramatic lol. As much as I'm sure many photographers who have gotten stiffed by clients would love to say that, it'll only end up giving you a reputation of being difficult to work with.

"That photographer IS really good, BUT! He's so difficult to work with! Let's go with other photographers so we don't have to deal with his attitude."

Photography is one area of work where your personality can really help your business. Be polite, but firm, and they'll respect you more.


To the OP, did you send them the files already? I'd tell them that you require payment upfront before you send them anything. You could also invoice them with a bill if they already have the images, and it would also help to find out the person who pays the accounts for the business that you're shooting for.

[tim]

Send them an invoice, with a due date, and make sure there's some penalty for late payment - I charge 5%/month for unpaid bills (or something like that, I forget).

[DarrenSA]

I'm still in the process of learning photography etc, but did lots of design work over the past three years. I learned the hard way and lost lots of money because I wanted to be 'friendly and nice'. If your 'nice' in design you will be doing changes years after the work was actually completed.

These days I don't even start work without a 50% deposit from the client. Just put it in the initial quotation and stand by it. Another thing I learned is, the clients which often moan about deposits and try cut down your price are usually the clients that are the biggest hassle, I'm not sure if its the same in photography but is defiantly the case with design.

If you had no signed contract with these people and they don't end up paying - consider your lesson learned, they don't come cheap, unfortunetly. Bottom line is, who really wants to pay for something they already have?

[PhotosGuy]

Send them an invoice, with a due date, and include the notice that no rights will be conveyed until you have been paid in full. And be sure to list them so there's no doubt as to what they are.

[todd8762]

You said payment from paypal?
You could go to paypal and file a complaint against them and paypal will
Investigate your claim.

[sfaust]

I'm in the same boat at the moment. I have a commercial client that owes me a few thousand dollars from two previous assignments. On all my paperwork, its states very clearly, "...rights granted upon full payment..."

The reason I did this is two fold. One, I don't want them to have the rights until I am paid, and it also helps speed payment so they actually have the rights before publication.

Secondly, is that it is the most powerful collection tool you can have. Up to $150K in fines per occurrence, file in Federal Court, they could have to pay my attorneys fees as well as their own, etc. Wave that in front of them if they have published the images without paying the photographer, and it gets their attention faster than any collection letter would!

The client I have the issue with now will be getting such a letter in the mail shortly from my attorney. I've been patient with him, its been over 8 months now, and he has broken a couple promises to make good. So its time.

I wouldn't worry about getting a reputation of being a difficult photographer. Rather, you will get a reputation as a astute business owner. I don't see other business being walked on because they want to be liked, so why should a photographer be any different. The client is the difficult one, and any reasonable person with the facts would see it in a similar light. Bend over backwards, and you'll have all sorts of people taking advantage of you.

Go after the money. It was promised to you. Its owed to you. You aren't being the difficult one, he is!