Provide photography service but dont get paid

[night86mare]

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)

verbal.......

pengz

 

[allenleonhart]

verbal.......

pengz

gg dun need do anything liao.

though in law, even verbal agreements are legal binding.

 

[datan]

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.

DMCA is a US federal law that doesn't apply in Singapore. It doesn't apply to copyright infringement per se but the circumvention of copyright controls. I can't see how it applies in this case unless the TS gave the magazine an encrypted CD and they managed to crack the password.

 

[Agetan]

My sentiment with the TS.

If this lesson teach you something, that will be, never give out anything until you are paid for it.

It is very simple. If they want the image on CD as per agreement and they ask to post. Just ask if you could deliver them personally or ask them to pick it up themselves of course accompany with payment.

If the figure is not big, it is probably better to let go and get on with life and take this as an expensive lesson.

Its never to much work to protect yourself.


Regards,

Hart

 

[Ian]

DMCA is a US federal law that doesn't apply in Singapore. It doesn't apply to copyright infringement per se but the circumvention of copyright controls. I can't see how it applies in this case unless the TS gave the magazine an encrypted CD and they managed to crack the password.

You'll find that many countries co signed the DMCA as it's an adjunct to the Berne Convention. It doesn't just deal with digital issues but intellectual and also publishing copyright.

 

[datan]

You'll find that many countries co signed the DMCA as it's an adjunct to the Berne Convention. It doesn't just deal with digital issues but intellectual and also publishing copyright.

I think you're referring to WIPO. DMCA is a US legislation so it's impossible for any other country to have signed it.

 

[Ian]

I think you're referring to WIPO. DMCA is a US legislation so it's impossible for any other country to have signed it.

You are correct, my mistake. The DCMA or at least a large part of it was introduced in to Singapore (and thus in to Law) via the back door of the USA-Singapore FTA back in 2003. If in doubt go google it.

 

[sprewell]

I did a commercial shoot for an ad firm and they didnt pay as well.. despite numerous emails.

Worst part, the person i/c left the company and that sucks.

Sue them? i lose more money that way... sigh