magazine problem

[clippo]

hi folks - I've been contributing images to a particular magazine regularly for the last couple of years. They've never been prompt payers and last Autumn, there were major changes to the ownership of the magazine. I had a phone conversation with the new owner and it was agreed that my now outstanding payments (several hundred pounds) would be gradually paid back to me by doubling the normal fee I get for a cover, until the debt was cleared.

After a gap of a few months while I got things sorted with them I started allowing them permission to use my shots again in late 2009. I duly sent an invoice for the December issue, then resent it a few weeks later when they claimed thay hadn't had it..... you can see where this is going.

Now, after several phone calls over the last few weeks I had a mail to say that they were going to pay me a completely random amount that was short of the total of my invoices (now including Jan and Feb issues). In response I have told them that they can't use my images until it's resolved. They've said their April sisue is about to go to print but I've said they can't use my shots in that issue. In retaliation it seems, they have now cancelled the payment that they would have made also. Basically they now owe me about £600 and appear to have cut-off communications.

Has anyone ever had any experiences like this?
Anyone know what I can do to get my money?
I am in the UK incidentally.

[Tom Reichner]

Unfortunately, by the attitude they've exhibited by canceling the payment, I think the only way you are going to get anything is to hire a lawyer to send them a letter indicating intent so sue if they do not pay the full amount immediately. It'll cost you, but it's better than getting $0. What the heck, try a phone call to the new owner first. Then contact a lawyer.

[PhotosGuy]

It's not clear whether you were hired to shoot for a specific purpose, or were submitting images on spec, so I agree that I'd make a final contact with the owner & get a solicitor if that doesn't work out.

You might want to include this provision in future contracts. I put it at the bottom of my invoice, too:
"3. Grant of Rights. Upon receipt of full payment, Photographer grants to the Client the following nonelectronic rights in the Work..."

[MJPhotos24]

I had an editor do something like this with a newspaper, invoiced several times and he just stopped answering. So went above his head to the main editor with a threat of a lawyer and the check was received two days later. Of course if it's the ownership doing this there's nobody above that.

Watch how they are doing, if they're a magazine on the verge of going out of business you want to get it done before they do and nobody gets paid. Happened with several companies in the past where they did this stuff and just shut their doors leaving a stack of bills never to be heard from again.

[neilwood32]

Contact a solicitor and get them to send a formal letter stating the full details of the issue. That can then be used at a later date if things havent been sorted out.

Did you get a written agreement? If not, you have made it harder but not impossible.

[Picture North Carolina]

Watch how they are doing, if they're a magazine on the verge of going out of business you want to get it done before they do and nobody gets paid. Happened with several companies in the past where they did this stuff and just shut their doors leaving a stack of bills never to be heard from again.

I have no answer for your current problem other than what has been said: legal action.

But I can give advice that you may not want to hear. And that is in agreement with the above.

I shot freelance assignments for a publishing company that had multiple magazines. At one time I had as many as 9 open assignments / invoices at one time. One monday morning the editorial staff of one pub came to work to find the magazine was shut down. Everything seemed fine the previous Friday. No pre-warning to anybody whatsoever.

Luckily, I had no open invoices with this pub. But it did cause me to put great thought into what would happen if I did get caught with 9 never-to-be-paid invoices.

After careful research I found that the sector is disintegrating. Advertising is down, subs are down, demographics are changing, the internet competes, etc. I decided to exit the industry. You, too, may want to consider making the same decision.

[Box Brownie]

Subscribing to learn.

But I wonder for such payments due you can take out a claim in the "Small Claims Court" and not sure if the two are linked/linkable but some weight I think can be added if you can get a CCJ (County Court Judgement) against the relevent significant parties/persons involved???

I hope you can get this resolved, and how about contacting the BFP (Bureau of Freelance Photographers) who might be able to throw some light on the matter of that particular journal???

[tcphoto1]

I hope that you have saved communications in writing. It appears that the relationship has soured and you need to follow up with legal action. The new owner was simply trying to dangle a carrot in order to continue use of your images and sell magazines and maintain cashflow.