Any recommendation?

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  • 07-20-2009, 04:52 AM
    Urbano
    Any recommendation?
    I took some pictures of a guy that sings and he paid me 600$ for a two day job (16 hours), I gave him like 100 photos for this.
    He told me that the pictures will be posted on his website, but now I can see that one of the pictures became the cover of his last CD. I never gave him any permission for this.
    Is there anything I can do to stop him?

    Please give me a hand on this one.

    Thank you.
  • 07-20-2009, 07:08 AM
    mwfanelli2
    Re: Any recommendation?
    Quote:

    Originally Posted by Urbano
    I took some pictures of a guy that sings and he paid me 600$ for a two day job (16 hours), I gave him like 100 photos for this.
    He told me that the pictures will be posted on his website, but now I can see that one of the pictures became the cover of his last CD. I never gave him any permission for this.
    Is there anything I can do to stop him?

    Please give me a hand on this one.

    Thank you.

    Bite the bullet and do the right thing next time. Get a written contract that details what the photos can be used for. Your description of the situation leads me to believe that it would cost more than it's worth to persue this.

    As I always say, if this is important to you GET A LAWYER rather than asking the general public after the fact!!!!!!
  • 07-20-2009, 08:16 AM
    Urbano
    Re: Any recommendation?
    OK, I know that. I't wont happen again.
    But, can he do this or not whitout my permission?
  • 07-20-2009, 08:36 AM
    jetrim
    Re: Any recommendation?
    If he paid you money, this sounds like a clear cut "work for hire" situation, in which case he would have all rights to do whatever he wanted with the photos, without much opportunity for any recourse by you.
  • 07-21-2009, 03:22 PM
    Photo-John
    Re: Any recommendation?
    At a minimum, you should contact him and remind him that the photos were only intended for Web use. Put a price on album cover and send him an invoice. But it's going to be hard to get anything out of him. I think the best thing to do would be to talk to him about the "misunderstanding" and see if you can get some promo out of him. And yeah, in the future, use a contract and get the usage in writing.
  • 08-10-2009, 12:37 PM
    KmH
    Re: Any recommendation?
    Quote:

    Originally Posted by jetrim
    If he paid you money, this sounds like a clear cut "work for hire" situation, in which case he would have all rights to do whatever he wanted with the photos, without much opportunity for any recourse by you.

    I don't think so. Not in Florida. But, it would in parts of Canada.

    It would only be 'work for hire' if it said so in a contract, or if the shooter were an employee, which is clearly not the case.

    It never fails, when an inexperienced business person deals with an experienced business person, the inexperience business person gets some experience.

    Unless you can afford to pay an attorney to sue, you just have top chalk it up to experience.