Page 1 of 2 12 LastLast
Results 1 to 20 of 28

Thread: Provide photography service but dont get paid

  1. #1

    Default Provide photography service but dont get paid

    Hi, like to check with bro here for advise what can I do if I provided photography service to a local magazine and photos are used in the magazine (which company previously agreed to pay me the fee) but keep delaying the payment for more that 6 months.

    Please advise thanks

  2. #2
    Moderator ortega's Avatar
    Join Date
    Nov 2004
    Location
    Singapore, Singapore, Singapor
    Posts
    23,686
    Blog Entries
    7

    Default Re: Provide photography service but dont get paid

    sue them for copyright infringement

  3. #3

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by ortega View Post
    sue them for copyright infringement
    wow that is fast...
    any idea where and how to proceed?
    cost of legal fee?

  4. #4

    Default Re: Provide photography service but dont get paid

    did you sign any hard copy contract stating by when you should be paid?

    otherwise find out who was the one who used your images in the article and then send an email to the person plus CC to the editor and other related persons.

    If within 30 days still no response, send another email that you are going to defer to the Small Claims Tribunal.
    Last edited by Reportage; 2nd February 2010 at 05:55 PM.
    You wont see me much less remember me but i am the guy who makes you look good.

  5. #5
    Moderator ortega's Avatar
    Join Date
    Nov 2004
    Location
    Singapore, Singapore, Singapor
    Posts
    23,686
    Blog Entries
    7

    Default Re: Provide photography service but dont get paid

    you can start with a letter of demand, registered mail is a must
    reference number is also a must.

    tell them what happened, day, time, place
    images were published, issue number, month year.
    then your demand to get paid, if not you will go to small claims court to sue for copyright infringement.

    then stomp them

  6. #6

    Default Re: Provide photography service but dont get paid

    Below is a checklist from small claims Tribunal, under question 2 what will category will this issue be under? Thanks

    http://app.subcourts.gov.sg/Data/Fil...tChecklist.pdf

  7. #7
    Moderator ortega's Avatar
    Join Date
    Nov 2004
    Location
    Singapore, Singapore, Singapor
    Posts
    23,686
    Blog Entries
    7

    Default Re: Provide photography service but dont get paid

    say please pay me $XXX for services rendered by XXX Date
    failing which, you will proceed to sue them for copyright infringement/unlawful usage for $XXXX.XX per picture used x number of copies of the magazine sold, and to dispose of all unsold copies in your presence.

    i am evil

  8. #8

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by ortega View Post
    say please pay me $XXX for services rendered by XXX Date
    failing which, you will proceed to sue them for copyright infringement/unlawful usage for $XXXX.XX per picture used x number of copies of the magazine sold, and to dispose of all unsold copies in your presence.

    i am evil
    ... and Stomp them anyways just for fun.
    Alpha

  9. #9

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by ortega View Post
    say please pay me $XXX for services rendered by XXX Date
    failing which, you will proceed to sue them for copyright infringement/unlawful usage for $XXXX.XX per picture used x number of copies of the magazine sold, and to dispose of all unsold copies in your presence.

    i am evil
    you are PRO man!

    Next time i know who to look for if encounter this kind of stuff.
    Dreams at Photoaid! Contact me, pls!

  10. #10
    Deregistered allenleonhart's Avatar
    Join Date
    Sep 2008
    Posts
    3,656
    Blog Entries
    1

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by Tupi Guy View Post
    you are PRO man!

    Next time i know who to look for if encounter this kind of stuff.
    LOL. but be sure u didnt sign some weird contract tat puts u at a disadvantage first

  11. #11
    Senior Member
    Join Date
    Feb 2002
    Location
    Perth Australia
    Posts
    2,548

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by louhan View Post
    Hi, like to check with bro here for advise what can I do if I provided photography service to a local magazine and photos are used in the magazine (which company previously agreed to pay me the fee) but keep delaying the payment for more that 6 months.

    Please advise thanks
    Did you have a verbal or written contract? The contract must state the payment terms otherwise the company may wriggle off the hook by stating in court that their terms are Nett 180 or even Nett 365 days.

    If there's no written contract and they have used your images and not paid for them then they are in direct breach of Both the Berne Convention on Copyright 1971 and Amendments and also the DMCA. This will allow you to serve notice on the company that they have X days to pay you a stipulated price per image, or remove and destroy all copies of the image in their possession. The notice is best served either by courier or registered mail and should include not only your full contact details but also a reference number, the date and so in. Use only formal business English.

    How large were the images in the magazine? If you can specifiy in column widths it will be possible to work out an appropriate charge per image. Obvioiusly unless you are a known quantity as a professional photographer you won't be able to charge several grand per image, but depending on the material and size of the prints in the magazine you may be able to charge upwards of 1,000 SGD in total. (note I said maybe).

    I'd suggest giving them 14 days to respond to your letter of demand. After that file for copyright infringement, unauthorised publication of copyright material and go after them for punative damages. (great fun that one). Do NOT blacken the magazines name online or in a blogg etc until the matter is resolved in court.
    The Ang Moh from Hell
    Professional Photography - many are called, few are chosen!

  12. #12
    Member Foxshade's Avatar
    Join Date
    Jun 2009
    Location
    In cat's stomach
    Posts
    849

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by Rashkae View Post
    ... and Stomp them anyways just for fun.
    This is a must!!!! let some press chew them up.
    A true photograph need not be explained, nor can it be contained in words.
    ~Ansel Adams

  13. #13
    Senior Member limwhow's Avatar
    Join Date
    Jun 2009
    Location
    Life revolves arOnd East Coast
    Posts
    7,049

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by Ian View Post
    ... Do NOT blacken the magazines name online or in a blogg etc until the matter is resolved in court.
    I certainly think there is wisdom in ensuring this.
    For if not, the offending party who has been prematurely defamed (in this case, the magazine company) would certainly find means and ways of dragging their case and making things difficult.

  14. #14

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by louhan View Post
    Hi, like to check with bro here for advise what can I do if I provided photography service to a local magazine and photos are used in the magazine (which company previously agreed to pay me the fee) but keep delaying the payment for more that 6 months.

    Please advise thanks
    do you have evidence that they agreed to pay you fee?

  15. #15

    Default Re: Provide photography service but dont get paid

    Hi All, the deal was verbal. For the passed few issues of magazines the company would pay after 3 months of publishing the article. But for last 3 due payment they have dragged for several months (upto 7 months)

  16. #16
    Moderator ed9119's Avatar
    Join Date
    Mar 2002
    Location
    Singapore
    Posts
    10,931
    Blog Entries
    26

    Default Re: Provide photography service but dont get paid

    Sorry brother........ you have been here on CS since June 06....... 3 years and 6 months ..... and you still get into this type of problem ???

    Basically you became complacent...... get paid first few times ..... then get screw*d the last few times.

    Sorry wish i can be more sympathetic or feeling sorry for you... you deserved it and let it be a lesson to you ...... and others (thank you for the lesson reinforced..... again)


    Almost ALL the replies also look like a cut and paste job hah hah hah !!!!!!!

    Kam Siah!! Kam Siah !!
    Last edited by ed9119; 3rd February 2010 at 11:33 PM.
    shaddap and just shoot .... up close
    Walkeast

  17. #17
    Moderator ed9119's Avatar
    Join Date
    Mar 2002
    Location
    Singapore
    Posts
    10,931
    Blog Entries
    26

    Default Re: Provide photography service but dont get paid

    ...... and DO A SEARCH (where the HELL is Rashkae ? this is his job to say this) .... there should be at least 10 or more threads just in 2009 till today by people who got similarly shafted no differently from you !!!!

    Sorry.... I just got back last night from a 5-day photo conference where we were discussing ways of protecting and educating photographers on simple business practices to ensure growth and reduce uncollected receivables

    Just so pissed off to see that a 3 year + member at CS get plucked ....... again !!! No hard feelings brother.
    shaddap and just shoot .... up close
    Walkeast

  18. #18
    Moderator catchlights's Avatar
    Join Date
    Sep 2004
    Location
    Punggol, Singapore
    Posts
    21,902

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by louhan View Post
    Hi All, the deal was verbal. For the passed few issues of magazines the company would pay after 3 months of publishing the article. But for last 3 due payment they have dragged for several months (upto 7 months)
    are you still shooting for the current issues?

    this is a typical way of how companies bullying photographers, since they already owed some money, they want photographers to carry on to shoot for them in order to settle older payment, so the outstanding amount keep snowballing, till one day either one of you collapse, in the end don't need to settle lor.

    very simple strategy right? it works every time.
    Shoot to Live, Live to Shoot
    www.benjaminloo.com | iStock portfolio

  19. #19
    Moderator catchlights's Avatar
    Join Date
    Sep 2004
    Location
    Punggol, Singapore
    Posts
    21,902

    Default Re: Provide photography service but dont get paid

    if you just walk off like that, the company win, you lose.

    how to deal with them? read Mr Ortega's suggestions.
    Shoot to Live, Live to Shoot
    www.benjaminloo.com | iStock portfolio

  20. #20

    Default Re: Provide photography service but dont get paid

    Quote Originally Posted by catchlights View Post
    are you still shooting for the current issues?

    this is a typical way of how companies bullying photographers, since they already owed some money, they want photographers to carry on to shoot for them in order to settle older payment, so the outstanding amount keep snowballing, till one day either one of you collapse, in the end don't need to settle lor.

    very simple strategy right? it works every time.
    You are right, the company stopped publishing the magazine but company still functional.

Page 1 of 2 12 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •