When to request payment for product photography?

nathancarter wrote in post #16542474
Interesting.
There was a discussion a few months back about this, and some said that it wouldn't count as copyright infringement, but instead would be breath of contract and/or nonpayment of invoice.

I suppose it's all in how the contract is worded - if there is a contract. Without a written contract, then what?

But the point is bigger corporation are not going to stiff you because they have to much to loose.

No, but they can keep giving you the run around for as long as it suits them, all that time the money they owe you keeps earning them interest and/or profit.

Use terms 1% 5days Net 30.

That way, they can get a 1% discount for paying in 5 days. If they have the money, they will pay early.

Alveric wrote in post #16542741
No, but they can keep giving you the run around for as long as it suits them, all that time the money they owe you keeps earning them interest and/or profit.

So don't work for them. Just build that factor into your pricing. And it's not a run around it's just the way it is. So you can work in their world with their rules or not. It's WAY better than dealing with the general public

airfrogusmc wrote in post #16543411
So don't work for them. Just build that factor into your pricing. And it's not a run around it's just the way it is. So you can work in their world with their rules or not. It's WAY better than dealing with the general public

It can definitely be built into the pricing. Certain photographer from Washington, D.C. preemtively charges them. He adds an extra fee for 'time spent dealing with your accounts payable department' (not the actual wording) that can be waived if the company pays within 30 days. It's taking the 1.5 or so percent quite a bit further.

DocFrankenstein wrote in post #16540269
I don't think photography generates intellectual property. That's the realm of inventions. No?

Copyrights are a form of IP.

Alveric wrote in post #16543546
It can definitely be built into the pricing. Certain photographer from Washington, D.C. preemtively charges them. He adds an extra fee for 'time spent dealing with your accounts payable department' (not the actual wording) that can be waived if the company pays within 30 days. It's taking the 1.5 or so percent quite a bit further.

Clients that use me regularly and pay fast get better rates than the ones that don't.

archer1960 wrote in post #16543553
Copyrights are a form of IP.

What? The IP is the copyrighted creative work, whether a photograph or something else, not the copyright itself.

nathancarter wrote in post #16542474
Interesting.
There was a discussion a few months back about this, and some said that it wouldn't count as copyright infringement, but instead would be breath of contract and/or nonpayment of invoice.

I suppose it's all in how the contract is worded - if there is a contract. Without a written contract, then what?

You are correct, it depends on the wording of the contract. When you agree a contract that includes a license they have the right to use the image (no breach of copyright). Failing to meet one of their obligations under the contract means they are in breach of contract but it doesn't cancel the contract. If the contract exists so does the license. So, in this situation you would sue for breach of contract, not copyright infringement.

The wording you need in your contract is along the lines of "a license is granted on receipt of payment in full", which means that the license to use the images doesn't start until they have paid. Therefore if they don't pay they are in breach of contract for not paying and, because the license wont have started yet, any use of the images would also be infringement.

OhLook wrote in post #16543714
What? The IP is the copyrighted creative work, whether a photograph or something else, not the copyright itself.

I know that, but wasn't clear in my writing. Of course I meant a copyrighted work, not the copyright itself, just as you point out.

Alveric wrote in post #16540344
BllinkBid sums it up very nicely: 'License usage rights are transferred upon full payment of this invoice. Failure to make payments voids any license granted and constitutes copyright infringement.'

I'd collect 50% down and the rest upon delivery of the images. The size of the products is irrelevant.

That's exactly my method too -- most companies expect to pay some kind of advance deposit. Most companies expect an advance payment before producing a product. works both ways.

It's been my experience (over thirty years) that payment upon completion and delivery of images or work product keeps everyone happy, and allows no 'late payment issues' to disrupt an otherwise profitable partnership.

OR, if its a 'one time' shot, it keeps my from chasing my payment ... and once you allow a 'waiting period', it begins to stretch out over time too. Best to put work/pay in the same sentence.

Anyone will bill you if they can, but if you insist on POD, then every company has a method for that as well. Make yours one of the POD accounts and you'll be much happier in the long run - you'll also have a fatter wallet.