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need help
Old 11-17-2007, 10:35 AM   #1 (permalink)
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Took some product shots for a company and deliever the cd to them along with the invoice, So the story begins that no payment for my pictures after 60days, sent 10 emails and phone message to the company, then finally he sent an email to me saying there were a problem with the pictures but never said what the problem was. Also said he call me and left message which he did not and also said he never recieve invoice from me,. but the last time i talk him over 60 days ago that invoice and cd was on they way and email for invoice. which he said he would send to payroll to get paid he acted like he had already which he should of at the time of our phone call, but anyway he has use my pictures on his website and also create a poster of the product shot that i took and is passing it out thoughout the u.s. for promotion. Did he steal my pics cause he has not payment. where does this stand on copyright about stealling work with no payment.
please help what should i do


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Re: need help
Old 11-17-2007, 10:57 AM   #2 (permalink)
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Document EVERYTHING...

Call a collections agency, or take them to small claims court.
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Re: need help
Old 11-17-2007, 12:45 PM   #3 (permalink)
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Might want to check with the Better Business Bureau in your area? Maybe somebody there knows the person in charge and can talk to him. In the mean time as above document everything..
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Re: need help
Old 11-17-2007, 02:26 PM   #4 (permalink)
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What does your contract say?
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Re: need help
Old 11-17-2007, 03:56 PM   #5 (permalink)
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This looks like a copyright infringement matter. It is not unusual for clients to find excuses not to pay for the photographer's work. Whether or not the case is worth pursuing depends on a myriad of factors such as the size of the client, the clarity of the infringement, whether recognizable human models were involved, and perhaps most importantly of all; whether the photographer timely-registered copyright.

Copyright is federal and cannot be acted on in Small Claims, which is state court and has no jurisdiction over a federal matter.

I do not put much stock in the BBB.

I am familiar with more than one case where a client simply had a policy of finding excuses not to pay for work which he was using. Whether or not the photographer got paid, or got cheated, depended on questions such as those in the first paragraph above.
 
 
Re: need help
Old 11-17-2007, 07:11 PM   #6 (permalink)
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Before you do anything else. REGISTER YOUR IMAGES tomorrow ( search the web to find out how easy and cheap it is.) ( wish it was the same in Canada)

Once you have registered you have the power to:
shut down their web site ( copy right infringment)
and get a large settlement for usage of images.... but only if you register your images NOW.

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Re: need help
Old 11-17-2007, 09:11 PM   #7 (permalink)
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Quote:
Originally Posted by Ron_C View Post
Document EVERYTHING...

Call a collections agency, or take them to small claims court.
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Re: need help
Old 11-19-2007, 10:15 AM   #8 (permalink)
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Make sure you have them registered with the Copyright Office. Use without payment is copyright infringment. In reality they are using your photos without permission, which usually is only granted upon payment.

Did you have a contract with them? Its time for an attorney. BUT REGISTER the images.
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