Help with a client problem
Dec 5, 2011 12:51:36 #
I just ventured out into getting paid for photography this year.
To get my name out there, I hooked up with a fitness instructor that was in need of pictures for her website, social media, and press releases. We made a verbal agreement to 6 photo shoots
and in exchange for my services, my logo would appear on every picture and my name/logo would be in every ad, website, press release, etc. I later agreed to not have the logo on the actual picture, but she has not been giving me credit or using my info ANYWHERE. She has used the images in national press releases for fitness videos, etc. My question is, do I have the right to revoke her usage of the photos at all and demand she remove them from her website and advertising?
To get my name out there, I hooked up with a fitness instructor that was in need of pictures for her website, social media, and press releases. We made a verbal agreement to 6 photo shoots
and in exchange for my services, my logo would appear on every picture and my name/logo would be in every ad, website, press release, etc. I later agreed to not have the logo on the actual picture, but she has not been giving me credit or using my info ANYWHERE. She has used the images in national press releases for fitness videos, etc. My question is, do I have the right to revoke her usage of the photos at all and demand she remove them from her website and advertising?
Dec 5, 2011 12:56:35 #
Wow, you have a problem. I can only give you my support and say "lesson learned". Hopefully, someone with a legal background or equal experience can help you. Sounds like you got a valuable lesson.
Dec 5, 2011 13:04:49 #
key mistake was the words verbal agreement. consult an attorney who is familar with the laws on intellectual property and contracts. you may have to calll the bar association of your state to get a referal. most lawyers in yellow pages are either injury attornies, criminal defense or wills. In the future, treat your paid photography as a real business (cause it is) written signed contracts for everything. Google photography contracts to get an idea then consult a lawyer. It will save you moola in the long run.
Dec 5, 2011 13:08:10 #
I am not looking to sue her for any damages. Our agreement was a barter arrangement, and the only compensation I was expecting was the exposure of my name and logo with her usage of the photos. All I want to do is block her from using them any further and be done with the whole mess.
sinatraman wrote:
key mistake was the words verbal agreement. consul... (show quote)
Dec 5, 2011 13:14:25 #
A wise friend once told me if it isn't in writing it don't exist. I would send her a letter reminding her of your verbal agreement.
Dec 5, 2011 13:17:39 #
you still need to talk to a lawyer to get her to stop using your photos or not giving you credit on the photos. The laws in each state are different, but copyright laws are federal. you have tyo register your photos with the feds. Consult an attorney, there are so many varibles here that only a lawyer can answer. Beside sometimes a nasty formal letter from dewie, cheatum and howe attornies at law is enough to scare the person to do the right thing.
Dec 5, 2011 19:35:59 #
ebaribeault wrote:
A wise friend once told me if it isn't in writing it don't exist. I would send her a letter reminding her of your verbal agreement.
ah yes, but oral agreements are binding.
Just more difficult to prove.
Since she doesn't have anything that gives the right to use the images, you have the right to stop her.
A letter from dewie, cheatum and howe attornies at law would be a good idea!
GT
Dec 5, 2011 20:40:15 #
It seems a strategically worded email has done well so far today...I now see a whole gallery of my images on her website with all kinds of credit for me. We shall see.....
Thanks, everyone....
Thanks, everyone....
GTinSoCal wrote:
ah yes, but oral agreements are binding.
Just more difficult to prove.
Since she doesn't have anything that gives the right to use the images, you have the right to stop her.
A letter from dewie, cheatum and howe attornies at law would be a good idea!
GT
ebaribeault wrote:
A wise friend once told me if it isn't in writing it don't exist. I would send her a letter reminding her of your verbal agreement.
ah yes, but oral agreements are binding.
Just more difficult to prove.
Since she doesn't have anything that gives the right to use the images, you have the right to stop her.
A letter from dewie, cheatum and howe attornies at law would be a good idea!
GT
Dec 5, 2011 22:34:09 #
Dec 5, 2011 22:38:36 #
kimberliswenson wrote:
It seems a strategically worded email has done well so far today...I now see a whole gallery of my images on her website with all kinds of credit for me. We shall see.....
Thanks, everyone....
Thanks, everyone....
Excellent. Once bitten, twice shy, as they say.
Dec 6, 2011 07:25:33 #
An oral agreement isn't worth the paper it's written on. Next time, get it in writing. Signed by both parties and you will have a much easier time "reminding" her of the terms of your barter. She may have just forgot. Also get your images filed at the Copyright office. That way if you need to go to court, you can prove they are your images and she doesn't have any permission to use them without giving you full credit.
Dec 6, 2011 07:45:58 #
ebaribeault wrote:
A wise friend once told me if it isn't in writing it don't exist. I would send her a letter reminding her of your verbal agreement.
Hi, Ebaribault. Off topic for a second. Could you post a larger copy of your avatar picture? I'm fascinated by the colors.
Dec 6, 2011 08:05:36 #
Dec 6, 2011 08:10:38 #
Bob Curtis
Loc: Bay City, TX
Mistake No. 1. NEVER agree to anything which is legal with only a hand shake or similar type or conclusion. I am not a lawyer, but what you have done is agree to a legal document - - - but without any proof. You do have possibly one alternative, but I would definitely consult with a lawyer about this to be sure - - - the logos on each photo. This shows who the ORIGINATOR of the photo is and is NOT supposed to be defaced in any way except by the originator / owner, or their WRITTEN permission. Here you may have some type of legality in you work with a leg to stand on.
When I was doing weddings and portraits I NEVER started work on a project until I had a SIGNED CONTRACT and a DOWN PAYMENT as a legally binding document that the the individuals wanted and authorized me to do the work. This way I was protected by their legal promise to pay me for the work when it was completed and delivered.
My advise - - - consult a good lawyer to determine just where YOU stand in this - - - Legally! It will be well worth the money AND the learning experience which you will gain from this, AND keep you out of hot water in the future.
Bob Curtis
When I was doing weddings and portraits I NEVER started work on a project until I had a SIGNED CONTRACT and a DOWN PAYMENT as a legally binding document that the the individuals wanted and authorized me to do the work. This way I was protected by their legal promise to pay me for the work when it was completed and delivered.
My advise - - - consult a good lawyer to determine just where YOU stand in this - - - Legally! It will be well worth the money AND the learning experience which you will gain from this, AND keep you out of hot water in the future.
Bob Curtis
Dec 6, 2011 08:13:30 #
ebaribeault wrote:
Here it is Indi
Wow! Nice color. Thanks for posting.
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