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Thread started 21 Nov 2010 (Sunday) 23:02
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Another media / no permission

 
Playonpics.com
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Nov 21, 2010 23:02 |  #1

So i'm in the midst of sueing a client due to failure to pay for work. I shot of league all summer and didn't get a payment at the end like the contract said.
However my question is this. at the last event, i noticed a film person on the field (that are locked in so no way media can get on without owner of the league saying yes) However by the time i went to see the owners about this extra person (i have full rights and no one else can be on the field, says my contract) he was gone.

So finally today; the video he did was found on their facebook group page. It is a promotional video that promotes the league and their sponsors...
My contract was for roughly 1500$, how much do i add now to my claim because of the league allowing another media source when the contract says i'm the ONLY media source allowed


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philwillmedia
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Nov 21, 2010 23:21 |  #2

I'm not sure if I'm missing something here...but if you're shooting stills and he's shooting a promo video for the league, which I would assume and judging by your post, is a once off, how is that in any affecting what you do?


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Playonpics.com
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Nov 21, 2010 23:28 |  #3

philwillmedia wrote in post #11324785 (external link)
I'm not sure if I'm missing something here...but if you're shooting stills and he's shooting a promo video for the league, which I would assume and judging by your post, is a once off, how is that in any affecting what you do?

Because my media services could have covered video for them. So its a lost of revenue. I have a videographer that could have done this job.


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johendley
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Nov 22, 2010 06:50 |  #4

So whay would you have charged for the one-off video? I'd start there..


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Jimconnerphoto
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Nov 22, 2010 09:35 |  #5

Do you have a price list or Did the client receive a quote for video services? If so, there is your number.
Just interested, how long was the season and when were you expecting payment?
It would also depend on the wording of the contract.


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PhotosGuy
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Nov 22, 2010 10:40 |  #6

zagiace wrote in post #11326361 (external link)
It would also depend on the wording of the contract.

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 rights in the Work."


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amfoto1
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Nov 22, 2010 12:08 |  #7

Most of the time at events you can specify excluding any other commercial photographers, but can't do anything about private parties/parents taking photos (or videos) of their own kids, people who won't be offering copies for sale or giving them away. You might be able to work with the organizer to limit access areas (actually to get unusual access for yourself), or the organizer might restrict flash photography at some types of event... But that's about it. Most often, too, video and still photography are contracted separately.

It can come down to a pretty delicate balance with the organizer. The parents are their "paying customers". You are just an added service vendor who enhances what the organizer has to offer. You have to weigh getting future access and permissions from the organizer, against collecting any debts, enforcing terms of contracts, or contesting anyone they allow access.


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MJPhotos24
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Nov 22, 2010 13:24 |  #8

Very difficult to say without actually seeing the wording of the contract. You'd have to specifically say they can't have any other media at all, hire anybody, etc. I have some contracts that state I'm the only still photographer, but doesn't mean they can't let other media outlets in to shoot.


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Playonpics.com
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Nov 22, 2010 20:27 |  #9

The contract is Title Playonpics Media and that i'm the exclusive media partner for the 2010 season


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Jimconnerphoto
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Nov 22, 2010 20:45 |  #10

Is that the only reference?
Just in my opinion, Media Partner seems vague. Of course I am not a lawyer and really have little knowledge in the subject, but is Media Partner defined in the contract as to what that entails?
Would you also be the go-to for writing the media press releases?


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MJPhotos24
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Nov 22, 2010 23:41 |  #11

Very vague, very difficult to say what it means and prove what it means unless spelled out.


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