Event Shot, Question about Deliverables

I need some opinions on this situation.

I was approached to shoot an event this past weekend - a large festival. In payment for my services, I was to receive the following:

1. Free booth
2. Access to 2 magazine publishers whose magazines would go extremely well with my work
3. Access to and press pass for a 4 band concert to have unrestricted access

Despite my gut, I accepted only because of #2 above. Because I was asked by a recognized acquaintance in the area, we BOTH choose to forgo a contract, which I know is mistake #1.

About 4 days before the show, I was informed that one of the magazines would not be coming, but the other definitely was. The owner of the magazine was also a minority owner of the one who would not be represented. Being that "one is better than none", I chose to verify the other stipulations in place (which were verified) and decided to continue on.

So, let's recap what actually happened:

1. Once they got confirmation that I was actually a vendor and was supposed to get a booth (they didn't have me listed), I was given a free booth.

2. Neither magazine showed up. No owner, no representatives, no nothing. I was informed they knew this 3 weeks prior - I agreed to shoot the show 2 weeks ago.

3. There was no press section for the concert. Despite being the event photographer, I was not allowed any closer than anyone in the crowd. However, the intern who volunteered to do some shooting for a school project, was given full access. When I questioned this, I was told that no one showed me as the event photographer. I spoke to my acquaintance, who spoke with security, who said I wasn't listed and then I received an "Oh well, sorry".

During the event, I was approached about shooting customers meeting a rather recognized celebrity, so as to keep the lines moving and the cell phones in pockets. I agreed to do so, what the stipulation that, since this was outside of the original request, that they would go through my site and would be purchased from me. All agreed. When I went to get set up, the lead organizer asked me how long it would take for them to receive the photos. I told her I would edit them, upload them to my site and they would be ready within a day or so. She then asked when they would receive them. I told her they wouldn't - it was going through my site as agreed. She blew a gasket, telling me that there was no way I was charging their paying customers to get a picture without the money going to them. Needless to say, I packed my gear up and turn it over to the intern, who quite frankly had no idea what she was doing.

I think it goes without saying that I have learned a lesson on getting a signed contract. I think it also goes as being said that I won't be doing this event again.

However, my question is deliverables. Despite them not holding up there end, I feel the right thing to do is to hold up mine and give them images (and they are very good images of the bands and the other events they asked me to shoot). These would be for future use and promotion of not only this festival, but for promotion of their business as a management company. I am considering watermarking them in the lower right or left hand corner since they didn't fulfill their end.

Skipping over the "get a contract" speech, how would you guys handle this?

If they broke their end of the verbal contract, what makes you think you owe them anything?

I might send 1 or 2 images to show that you definitely shot and definitely have good images should they be interested in making-good on their end, but doubt I would offer anything else.

Your child misbehaves at the dinner table. You tell them to behave or they wont get any ice-cream. They continue to misbehave and you give them ice-cream. What does your child learn from these events?

Your client enters into a contractual agreement (verbal or written) under which they must do certain things and in return you will provide images. Your client doesn't meet all of their obligations (and in fact may well have knowingly misled you regarding some of them) and you still give them images. What does your client learn from these events.

Or to put it another way.....

huntersdad wrote in post #17514701
However, my question is deliverables. Despite them not holding up there end, I feel the right thing to do is to hold up mine and give them images (and they are very good images of the bands and the other events they asked me to shoot). These would be for future use and promotion of not only this festival, but for promotion of their business as a management company. I am considering watermarking them in the lower right or left hand corner since they didn't fulfill their end.

HELL NO!!

Your client offered you worthless things in lieu of payment, then didn't even give you several of those things. There is no obligation on you to supply the images and doing so would simply teach them that breaking contracts is a perfectly good way to do business.

1. You are in the USA so first step should be to register the copyright on those images using the eCO system http://copyright.gov/e​co/
2. Post them images to your portfolio with a noticeable watermark.
3. Inform the client that as they failed to meet their obligations under the contract they are in breach and you are under no obligation to supply the images and wont be doing so.
4. Inform them that if they want to license the images they can do so for $x.

They may well try to steal the images off your site and use them anyway. If they do, they will almost certainly crop off the watermark. If they do so they are breaking federal law and each instance carries a penalty of not less than $750 or more than $30,000 for the copyright infringement, plus for cropping off your watermark (a breach of section 1202 of the copyright act) not less that $2,500 or more than $25,000 - plus costs. Given that the burden of proof is so low when images are registered and that it gives access to statutory damages, you will have no trouble finding a lawyer willing to handle the case for little or no money up front.

Was all your communication 100% verbal? No emails, text messages, facebook private messages?

Dan Marchant wrote in post #17515035
they do so they are breaking federal law and each instance carries a penalty of not less than $750 or more than $30,000 for the copyright infringement, plus for cropping off your watermark (a breach of section 1202 of the copyright act) not less that $2,500 or more than $25,000 - plus costs. Given that the burden of proof is so low when images are registered and that it gives access to statutory damages, you will have no trouble finding a lawyer willing to handle the case for little or no money up front.

I like this route.

Additional opinions:
1) If you want to give them the finger, deliver them images that are equal in value to the booth they provided for you. What was their value for a booth? Let's call it $200. Check with fotoQuote to confirm, but I suspect that'll get them approximately one image with a one-year license to use at web resolution on one page.

2) I suspect that the magazine publishers pulled out because they received similar treatment from the festival management, but they're in a position where they don't have to to take no crap from nobody.

3) The festival management may still likely smear you to all their friends. Who cares. Refer to #2 above; the people that matter already know that the festival management is full of beans.

Your first lesson should be that working large events in trade almost always is a disaster of broken commitments, bad communication, and unrealistic expectations. The best part of a fixed payment is that it forces your client to quantify your value.

As far as what to do now, I would simply wait and do absolutely nothing. Wait for the business to come to you when they want the photos, list the problems, and negotiate a true value for your services minus the value of the booth. You don't have to be nice to people who deliberately screw you over. If they don't agree to pay you, just move on. The worst waste is to spend more time on this bad situation.

-Scott

Thanks guys. I gathered a couple more opinions from some local photogs who all agreed.

I have sent my contact an email stating that the images would not be released until a suitable agreement is in place to compensate me for the areas they promised but failed to deliver. Quite frankly, I doubt I'll hear anything.

nathancarter wrote in post #17515374
Was all your communication 100% verbal? No emails, text messages, facebook private messages?

All the communication was verbal, either in person or over the phone. However, I was the 2nd photographer they contacted about this. The first is a good friend who originally accepted it but then had to walk away due to work. I spoke with him this morning and he was offered the exact same package deal.

The reason one of the mags didn't show was it was sold. The editor, which owns BOTH magazines, had said they were coming then began the waffling thing after the sale completed. They knew of the impending sale 3 weeks ago. As of last Tuesday, he had agreed to come down and it was my understanding that, as of Friday, when I went through the awful check in process, he was still coming. He called Saturday and declined to come down, I was fully informed late Saturday afternoon.

sspellman, you are correct. The level of communication at this event was, by far, the worst I have ever seen. My expectations were adequately managed as I knew my booth was simply nothing more than a place to rest. Although I had hoped to do a little better, I wasn't surprised at the end of the day. Alot of the other vendors were.

huntersdad wrote in post #17515516
Quite frankly, I doubt I'll hear anything.

Exactly.
Until you place a value on your work, no one else will. Unfortunately you have aleady shown them you don't value your work so they won't be changing their minds.

What's worse is that there plenty more folks out there doing the exact same thing you have done. Until until folks stop pissing away their weekends for "access" the expectation of promotors will be the same, or likely get worse.

http://petapixel.com …ver-free-photo-request-2/

LHB, I wouldn't exactly consider it working for free. The contact I would have made at the magazine would have proven invaluable and that was the sole reason I chose to do the event - to meet and talk with that person and show my work as it was directly up their alley. The bands, 2 of which I had never heard of, 2 of I had and didn't particularly care for one of them, was just a bonus as I have never shot a concert before.

One of the things I was asked to shoot was a dog event. I have already received requests from the owners to allow them to purchase prints. So, all is not lost and I had a lot of fun doing that and being around the animals.

Magazine editors, in my experience, are usually open to talking without needing to be introduced through connections at events. Send them some samples and follow up with a call, you might get a pleasant surprise. To tell the truth, if they were at the event working that is probably not the place to try and talk business. Find out when their issues close and call them a day or four later (depending on how long between issues)

No one, including the editors, placed any value on meeting you at the event, that's why it didn't happen.

Even editors are beginning to realize they don't have to pay for photography, writing has also been marginalized due to readers not demanding quality content and bloggers trying to promote their site with by lines in bigger pubs.w

Left Handed Brisket wrote in post #17515591
Magazine editors, in my experience, are usually open to talking without needing to be introduced through connections at events. Send them some samples and follow up with a call, you might get a pleasant surprise. To tell the truth, if they were at the event working that is probably not the place to try and talk business. Find out when their issues close and call them a day or four later (depending on how long between issues)

No one, including the editors, placed any value on meeting you at the event, that's why it didn't happen.

Even editors are beginning to realize they don't have to pay for photography, writing has also been marginalized due to readers not demanding quality content and bloggers trying to promote their site with by lines in bigger pubs.w

I've tried the contact with both magaznes - with no response. That was part of the reason he wanted to meet me - to find out why I wasn't getting a response as the samples I was submitting were as good, or better, than what they were publishing. Of course, now he's sold the magazine so it's like starting over and a mute point.