legal specialization?

sooo, anyone now of a lawyer specializing in violation of copy rights using images and not paying for them? About 30 plus vehicles with 50 images per auto were used on internet to sell autos. I was never paid for services under 1099. All auto were sold with use of photos. And because of type of dealership, Almost all autos sales happen from ads. As they are all stored in a warehouse until buyer comes and looks. Very little tire kickers.

MrClark7 wrote in post #17028030
sooo, anyone now of a lawyer specializing in violation of copy rights using images and not paying for them? About 30 plus vehicles with 50 images per auto were used on internet to sell autos. I was never paid for services under 1099. All auto were sold with use of photos. And because of type of dealership, Almost all autos sales happen from ads. As they are all stored in a warehouse until buyer comes and looks. Very little tire kickers.

...can you reword this? It doesn't make a lot of sense. What exactly happened again?

i was hired under 1099 to work for a company shooting auto for dealerships. I was sent to a dealer and actually shot 10 to 15 cars a day for 12 days. About 50 images per auto and then they were used to sell autos on there website and ebay. I was never paid. Agreement was $20.00 per car. i have all originals still. How dealership operates is mainly internet. So without images public generally would not know of any car in inventory. So without my images autos would not sell or would be sent back to auction after a period of time. I worked for them for about 3 months and was paid for work with other dealerships until my last one worked. the one I am refering to. Sorry if still vague.

MrClark7 wrote in post #17028066
i was hired under 1099 to work for a company shooting auto for dealerships. I was sent to a dealer and actually shot 10 to 15 cars a day for 12 days. About 50 images per auto and then they were used to sell autos on there website and ebay. I was never paid. Agreement was $20.00 per car. i have all originals still. How dealership operates is mainly internet. So without images public generally would not know of any car in inventory. So without my images autos would not sell or would be sent back to auction after a period of time. I worked for them for about 3 months and was paid for work with other dealerships until my last one worked. the one I am refering to. Sorry if still vague.

...how did they get the images you haven't been paid for? Did you give them to them? Are they late paying their invoice? Do they normally prepay? When you asked them for payment, what did they say?

after each day shooting, procedure is uploading images into online server to process images into preset template for ad. I was told to keep track of images and at end, be paid. This dealer was to be invoiced by my company for my services. On this one, i was working for a employe that was on vacation. This was not the normal daily dealer I shot at. it was a favor by my company from two past indivduals that use to work together. but all that is irrelevant...

This was a year ago. I was always paid with bank deposite every two weeks. I had fall out with them about lack of work. Told to quit if not happy. Quit, then never paid last check for services.

Going to guess that images were shot under "work-for-hire" conditions (not really sure, and I am sure someone will disagree).

However, it sounds like this would be more like contract or employment law instead of copyright law. There are lots of these kinds of lawyers and contacting your state bar would be a good way to fine one near you (assuming you are US based).

Well my approach now is my images were used in advertising. Its a little deeper than shooting a client and they miss use images not for profit. My images sold those vehicles. This isnt about one image. its about 1000 images used. it is clear they profited from the use of them.

On a side note, i contacted my ex boss tonight by text after i posted this, and let him know i seeking legal avenues. I explained those images are my property. His response was, Sorry, i did not know you were not paid. please tell me amount of autos in order to have you paid.

MrClark7 wrote in post #17028086
after each day shooting, procedure is uploading images into online server to process images into preset template for ad. I was told to keep track of images and at end, be paid. This dealer was to be invoiced by my company for my services. On this one, i was working for a employe that was on vacation. This was not the normal daily dealer I shot at. it was a favor by my company from two past indivduals that use to work together. but all that is irrelevant...

This was a year ago. I was always paid with bank deposite every two weeks. I had fall out with them about lack of work. Told to quit if not happy. Quit, then never paid last check for services.

...I'm not a lawyer, and I don't live where you live. But I don't think you need a specialist copyright lawyer. You firstly need to get your facts in order: and things that you consider to be "irrelevant" may well be more important than you think. The last shoot was outside the norm. Which could possibly mean who was supposed to pay the bill got a bit confused. And when you didn't follow up immediately after not getting paid things probably got forgotten. And now, a year later, they probably won't even remember who you are. Get together all the paperwork: emails, whatever paper trail you have that show the person who asked you to take the images, and where they agreed to compensate you. You haven't made things easy for yourself by waiting so long.

Well obviously the first step when you haven't been paid is to ask to get paid. Over the last year, had you not done this?

You had apparently agreed to a price to shoot these cars for a particular usage. They didn't pay the bill. Now that they are aware they have to pay a bill, they seem keen to pay the bill. Are you wanting to change the terms of usage now?

my wanting to change terms is that they were very aware of debt owed.

back to the original question....does anyone know of a lawyer specializing in copy right infringement. this posting isnt to do trail online over the issue, that what the lawyer is for. knowing or not knowing the fact of my case isnt the issue and im not on here for legal advise on the issue. The question is......lawyer.....If someone has sued over someone profiting from miss use of images who did you use.

What you want to search for is "Intellectual Property Lawyers" in your area.
Carolyn Wright & others on post #7 of: So this magazine stole my pics and used them in a feature

MrClark7 wrote in post #17028126
back to the original question....does anyone know of a lawyer specializing in copy right infringement. this posting isnt to do trail online over the issue, that what the lawyer is for. knowing or not knowing the fact of my case isnt the issue and im not on here for legal advise on the issue. The question is......lawyer.....If someone has sued over someone profiting from miss use of images who did you use.

Except that it is important understand the details of your case so you get the right lawyer and sue for the right thing. As mentioned above your case is not copyright infringement. It is breach of contract, which is much cheaper and easier to take legal action for (this is good for you). Talk to a normal commercial lawyer, not a specialist IP lawyer.

I see your point. is there a breach of contract without a contract? I understand there are instances when verbal is enough.

Your details are not very clear here, but I will try to simplify:
1) You worked for a company that provided a service to dealers to shoot cars for them
2) You worked for a few days for 1 dealer, and the photos were used to sell cars, you were not paid by your company for that job and quit.
3) You have no contract or invoice for this work.

To me this is not a copyright violation at all, simply a conflict over the last job with your former contracted employer. It sounds like they forgot/ignored to pay you or you didn't submit the right count/amount for them to pay you for the last job. The dealer should have no responsibility here since they assumed you were paid for your work.

I would recontact your old employer, clarify exactly how much you are owed in writing, and give them 30 days to pay. Do you have a contract or any other written agreement or even emails about compensation with your former employer? Or is this all verbal?

MrClark7 wrote in post #17029294
I see your point. is there a breach of contract without a contract?

If there was no contract why did you shoot the photos and give them to the client. Answer, there was a contract.

If you did any of the negotiation by email a half decent lawyer will have no problem convincing a judge that a contract exists. Even if you didn't the fact that you have done similar work on previous occasions for pay will help to show that this was a paid gig and as such a contract exists which they breached.

Dan Marchant wrote in post #17032409
If there was no contract why did you shoot the photos and give them to the client. Answer, there was a contract.

If you did any of the negotiation by email a half decent lawyer will have no problem convincing a judge that a contract exists. Even if you didn't the fact that you have done similar work on previous occasions for pay will help to show that this was a paid gig and as such a contract exists which they breached.

Yes. It sounds like you gave them photos willingly which at the very least grants them an implied license (at least in the USA), so you aren't able to turn around and sue them for infringement.