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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 01 Apr 2008 (Tuesday) 21:57
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Trying to collect

 
breadandbutter
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Apr 01, 2008 21:57 |  #1

Hello,
I was hired by a sports photographer to shoot a track event. This was an all day event where we would give the owner our cards every hour for him to download and sell them on site.

He had a network with several computers that had flat screens for his customers to look at the images we were shooting.

The day ended and we were told he would send us a check the following week with a CD of our images.

He posted our images on his website for sale. This happened three to four weeks ago and I still have not got paid.


His emails go something like this

Sorry Kevin,
We all have been sick and I have been super busy day and night with these tournaments I am running right now. I will have your CD and check for you, also I wanted to see you in person to go over a few things that I think would help you out, if you want.

Thanks,

I'm getting ready to communicate to Smugmug about copyright infringement. But I don't know what else to do.


It's a good day if I'm looking down at the grass and not up at the roots.
Kevin

  
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Rubi ­ Jane
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Apr 01, 2008 22:20 |  #2

How long ago did he send you the reply email? Have you replied? I'd reply and consider meeting him in person so you can be a little more persuasive on obtaining your payment. He may have productive feedback for you or he may be full of BS.


Lindsey
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Mike ­ R
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Apr 01, 2008 22:22 |  #3

Unfortunetly, If he hired you under a "work for hire" type of contract or arrangment, He owns the copyright. But check with a lawyer becasue if he dosen't pay then the © may be belong to you. Tell him you will go to the next event to get your CD and check.


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FlyingPhotog
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Apr 01, 2008 22:25 |  #4

So I guess shooting digital has sped up every part of the process except the "Eagle Screaming...?"

Man, makes me wonder how I made it all those years where it took my clients 30-45 days to pay me.

This was/is in the sports television production industry but I assume freelancing in the photo world is similar.


Jay
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breadandbutter
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Apr 01, 2008 22:27 |  #5

He sent this email a week ago.

Hey Kevin,
Maybe we can meet tomorrow, I am shooting a baseball tournament at the same field where the Track meet was, call me on my cell tomorrow: XXX-XXX-XXXX


I called and left him a message and emailed him later that day to make sure he knew I was trying to reach him. And have never heard from him again.

I spoke to another photographer hired and he wasn't paid either.


It's a good day if I'm looking down at the grass and not up at the roots.
Kevin

  
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breadandbutter
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Apr 01, 2008 22:38 as a reply to  @ FlyingPhotog's post |  #6

The event was held on February 29th, and he verbally agreed to have the check ready the following week.

I honestly think I'm not going to get paid for this one.

What else can you do to collect? The worst that could happen to him is for me to name his company. But I don't know how that can do me any good.


It's a good day if I'm looking down at the grass and not up at the roots.
Kevin

  
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kja
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Apr 01, 2008 23:46 |  #7

Can you go to his studio/business address and simply present your invoice and request payment? Tell him you'd be happy to wait while he writes the check.

Or meet him at the location he said he'd be at?


Kristin

  
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MrsKitty
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Apr 02, 2008 00:13 |  #8

How much does he owe you? Invoice him (send it registered return receipt requested) and specify x days to pay. After that, small claims court?




  
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FlyingPhotog
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Apr 02, 2008 02:48 |  #9

misskitty5077 wrote in post #5242768 (external link)
How much does he owe you? Invoice him (send it registered return receipt requested) and specify x days to pay. After that, small claims court?

The "Net X Days" thing would be great in theory but if it wasn't in place on a signed deal prior to execution, it won't mean anything.

Me, just to be annoying, I'd turn it over to a collection agency...

<Very Evil Grin>


Jay
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blackshadow
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Apr 02, 2008 03:21 |  #10

How about the old horses head in the bed trick?


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tim
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Apr 02, 2008 03:41 |  #11

Send an invoice with a due by date of the agreed date. Attach a letter saying the bill will be sent to the debt collector in 28 days. Make sure your contract backs you up.

I guess you learned your lesson. If they want you to take photos they pay at least a retainer, and they get the photos after they've paid for them. If they want them on the day they give you a cheque that morning.


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amfoto1
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Apr 02, 2008 12:28 |  #12

Hi,

First of all, I suspect you were shooting on spec and supposed to receive a portion of the sales of prints. You should get an accounting of all your images that have sold, and be aware that there is a significant delay in many sales, other than onsite. My online service issues me a check at the middle of each month, for the previous month's sales. So, it can be 5 or 6 weeks until I receive payment for a sale.

I've done without any myself, when collaborating with other photographers I know and trust, but there really should be a written agreement in place for this sort of thing.

At this point you aren't in a position where he has infringed your copyright, or at least that you can prove it.

When I work with another photographer who is handling the ordering and printing, I get a DVD of all my images on the spot, before the end of the day. It's not a big deal to burn one right then and there.

Your mistake the other day was not going to the place where you knew he was going to be. Forget the telephone calls and emails. If you know he's going to be somewhere at a specific time, go there.

It sounds like he wanted to give you some feedback and talk about "the next time". If that's the case, I'd tread lightly until you know for certain that he's stiffing you. On the one hand, maybe you'll get paid right after he does, all is good and you will want to help out on future gigs, too. On the other hand, you'll need to be cautious about extending yourself any more if he doesn't come through with payment.


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bildeb0rg
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Apr 02, 2008 13:16 |  #13

On the other hand, this could be just a cheap way of getting this shyster out of your life.
Imagine if he paid you this time, then sent you across country to shoot a week long event, at your expense, relieved you of your pics, and THEN stiffed you.
Glass half full...




  
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breadandbutter
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Apr 02, 2008 14:42 |  #14

amfoto1 wrote in post #5245613 (external link)
Hi,

First of all, I suspect you were shooting on spec and supposed to receive a portion of the sales of prints.

Nope, regardless of his sales, I would receive payment.

I checked my mail today and I received the check and my CD. HURAAAAAAAHHHH.
Of course much less than I anticipated, but I have my images.

Just checked and only have half of the images. I guess something is something.
I'll post some shortly.


It's a good day if I'm looking down at the grass and not up at the roots.
Kevin

  
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breadandbutter
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Apr 02, 2008 16:47 |  #15

I want to thank everyone for their valuable input. I highly appreciate it.

On a side note and to answer some questions.
I did learn a lesson and he does not have a studio.

I'm going to post the images I took on another thread so this sports photographer can be kept anonymous.


It's a good day if I'm looking down at the grass and not up at the roots.
Kevin

  
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