Provide photography service but dont get paid


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louhan

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Jun 7, 2006
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#1
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
 

Reportage

Senior Member
Nov 24, 2008
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#4
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.
 

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ortega

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Nov 2, 2004
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#5
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
 

ortega

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Nov 2, 2004
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#7
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 :devil:
 

Rashkae

Senior Member
Nov 28, 2005
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#8
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 :devil:
... and Stomp them anyways just for fun.
 

Tupi Guy

Senior Member
Jan 6, 2003
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#9
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 :devil:
you are PRO man!

Next time i know who to look for if encounter this kind of stuff.:devil:
 

allenleonhart

Deregistered
Sep 17, 2008
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#10
you are PRO man!

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

Ian

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Feb 20, 2002
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#11
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.
 

limwhow

Senior Member
Jun 9, 2009
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Life revolves arOnd East Coast
#13
... 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.
 

night86mare

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Aug 25, 2006
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#14
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? :)
 

louhan

New Member
Jun 7, 2006
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#15
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)
 

ed9119

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Mar 11, 2002
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#16
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 !! :bsmilie: :bsmilie: :bsmilie:
 

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ed9119

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Mar 11, 2002
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#17
...... 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.
 

catchlights

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Sep 27, 2004
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#18
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.
 

louhan

New Member
Jun 7, 2006
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#20
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.
 

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