Advise needed-photo used without permission

[Golgotha]

Dear guys,

need advise on the following, here's the story.

1)Fren who owns 2 boutiques in Orchard asked that I take some photos for him which will be used in 1 of his boutique. Photos of half eaten rotten apples, his brand logo etc.
2)Sent him sample for his perusal, after a few rounds of email exchanges, he said that the pics are not up to his standard and he won't be paying me cos he's not going to use them.
3) Walked pass his boutique today and saw my photo framed and hanged in it.
4)Called him, but refused to pick up.

Now what should I do?

I don't mind him not paying for the photos after all we go back quite some time, but he didn't have the courtesy to inform me at all. I'm feeling angry & betrayed as well.

[fotoudavid]

My advise, go in the shop, take the pics down, it will prompt him to react.
After all, no fault of u, its his fault.

If the friendship was measured in this way (afew pics that worth say 2K), u still treasure the friendship?

[fotoudavid]

Look, thats ur pic, so go and take down, the staff cannot do anything, if the staff say call boss or police, better.

[Golgotha]

take the pic n leave the frame? but seriously you think that's right? Yes the pics belong to me, but i would like to be civil as well.

I'm giving him the benefit of doubt, since I only saw the pics today. I hope he can reply my sms by end of this week. If no, i can safely say the frenship is over.

[godzilla60]

or u can take a shot of him displaying the pic and send him a letter of demand by registered mail....

[Golgotha]

how do i draft a letter of demand?

[nikkie]

that's why don't volunteer for such things. get them to buy the pics from a stockphoto site or else commission properly a photographer to shoot.

if you want to pursue, make sure you have evidence that you own the photo, and that there was a agreed transaction for selling the photo. The part proving that he used your property without fulfilling his end of the transaction is easy-just shoot the pic on display at his shop.

BUT BUT But, if you have no evidence of transaction, you better drop the case. it's his words against yours.
without a proof of transaction, he just need to show that you provided the pics to him at your own free will. i.e. you provided implied consent.
case close.

[fotoudavid]

If civil, pls go to the shop and take a pic, remember use film to take, in court they believe.

[Kit]

Originally Posted by Golgotha Dear guys, need advise on the following, here's the story. 1)Fren who owns 2 boutiques in Orchard asked that I take some photos for him which will be used in 1 of his boutique. Photos of half eaten rotten apples, his brand logo etc. 2)Sent him sample for his perusal, after a few rounds of email exchanges, he said that the pics are not up to his standard and he won't be paying me cos he's not going to use them. 3) Walked pass his boutique today and saw my photo framed and hanged in it. 4)Called him, but refused to pick up. Now what should I do? I don't mind him not paying for the photos after all we go back quite some time, but he didn't have the courtesy to inform me at all. I'm feeling angry & betrayed as well.

Lesson learnt. Never ever send anybody your deliverables without any written confirmation.

[Golgotha]

I've the email exchanges & MSN transcripts. Actually the samples i sent are actually low res 640 x 480.

[Golgotha]

OMG, you guys r not gonna believe this. He sms me saying that he photshopped it a little andu sed it cos he got no other choice and he forgot to tell me so he's paiseh about it. Tht's all!

[fotoudavid]

low res he print what size? abt to ask u.

anyway, since he responded and not shy, ask money dun be shy.

[Golgotha]

he printed poster size........come to think of it low res suits him even better cos of the kinda clothing n style of his boutique........

damn!
I feel like shaming his boutique!

[fotoudavid]

dun sham, u will be making mistake like that, cos he haven say dun pay for ur work. ensure he say so, better in email, that he will not pay, then u claim and sham him.

[Golgotha]

i thought i've seen all sorts..........betrayed by loved ones, backstabbers and so but to have a fren who betrayed u over a photo takes the cake!

[jasonlcs]

Well, this is just my personal opinion.

It takes only "pixels" to know the true nature of your friend and luckily,
it is not the loss of large amount of monies, like some cases we have
heard along the way. To me, there is no need to talk anymore.

Your loss is the images (low res somemore), his loss is your valued
friendship. Taking so long to reply and with such a "innocent" reason
does not simply cut it. He did not dare to call you in return. It does not
worth taking up any more time for this type of people.

Thank him for the reply and keep the "low standard" images. And delete
his number from your handphone.

Life will go on, you should too. Lesson learnt, as Kit said.

[Golgotha]

ya, i've come to the conclusion, that the frendship is gone. He can keep the pics. So much for friendship..........it's bullshit to me now.....gotta take it with a pinch of salt.

[Dream Merchant]

First off, I'm sorry to hear about this betrayal Gol.

Unfortunately, in life, it happens, even among 'loving'; family members, husbands and wives.

Look on the bright side of things, and that at least you found out over a few shots instead of say ... losing a spouse or a career.

For now, the most importing thing is to control your emotions.

Beyond the disbelief, accept the fact that that is a friend not worth keeping. Take it like a man and move on.

Then decide what you want to do.

At any rate, act like a professional and gather evidence FIRST and without delay. If the shop display is facing a road/accessible without security issues, I would pronto go down tomorrow morning before the shop opens and shoot thriough the glass.

Do not communicate with him at any cost, till you get the evidence.

Once that is settled, start negotiations.

If you want to be compensated, consider asking a friend or someone else to handle all communications/negotiations. This will detach you from the situation, and also from getting worked up/angry/respond in anger and say things that might damage your case.

I guess someone like Vince123123 would be able to share with you with regards what your options might be.

Again, I'm really sorry to hear about what happened to you, and I sincerely hope that you get the resolve you seek, both work wise as well as where the relationship is concerned.

[Golgotha]

thanks for the advice

his latest reply is he will do what i ask him, he's sorry about it as he's very busy and it slipped his mind. My reply to him was either pay me or take it down. He say will discuss with me on payment when he's back in town.

[Dream Merchant]

Whatever it is, photograph your work on display first thing later this morning.

Evidence first, talk later.

I sense that people like this can anyhow twist and turn facts into fiction and vice-versa.