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  1. #1
    Join Date
    Apr 2006

    Heres a screwed up situation.

    Photographer took a pic of him racing, guy BOUGHT the pics of taken by photographer. Asks photographer for a release for his sponsor to use in their catalog. Photographer gives release. Sponsor puts pic in their catalog (they wont even put a pic in without one). Now photographer is screaming for more money making threats towards the racer, racing org and sponsor. Even physical threats towards the racer. Thoughts?

    BTW This DID NOT HAPPEN WITH ME. Quite honestly I think the photographer has a few loose screws. Track security has chewed him out a few times before for literally popping out from behind trees trackside (trackside of the spectator fence) to take pics and also standing on retaining walls.

  2. #2
    Senior Shooter Greg McCary's Avatar
    Join Date
    Jun 2006
    Rome Ga.

    Re: Heres a screwed up situation.

    If he wanted money he should have got it up front. Right now he is burning his bridges if he wanted future work.
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  3. #3
    Learning more with every "click" mjs1973's Avatar
    Join Date
    Jun 2004
    Mineral Point, WI, USA

    Re: Heres a screwed up situation.

    I'm with Greg. Get it up front if you want it, or don't give a release.

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  4. #4
    Senior Member brmill26's Avatar
    Join Date
    Jan 2006
    Birmingham, Al

    Re: Heres a screwed up situation.

    Presuming the release made it clear that the photo was going to be published in X catalog and he was being compensated X for the same, he has no claim whatsoever. Contract is signed, too bad.

    Even if he was told verbally the use for the photos and then signed a less-specific release, it would likely still hold up - it's just not as sound.

    Physical threats to the racer may constitute assaults if the racer believed the photographer could and would hurt him.

    At the very least, as stated, this guy is talking himself out of business.

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  5. #5
    Princess of the OT adina's Avatar
    Join Date
    Feb 2002
    rockin' it in the D

    Re: Heres a screwed up situation.

    Photography is a small world. Assuming you are at least a decent shooter, it's not what you know, but who you know. And this guy is going to be known as a butthead who threatens people.

    Without knowing the exact terms agreed to, it's hard to say. Suppose he thought he was giving a release for the subject to print them himself. Okay, yeah, then when you see them in a catalog, you get upset. But if he knew the release was for commercial use, he should have stated his terms upfront, and is now shooting himself in the foot.
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  6. #6
    JMK is offline
    MMA Iconographer JMK's Avatar
    Join Date
    Mar 2006
    Twin Cities, USA

    Re: Heres a screwed up situation.

    Yep, it helps to know the terms of the agreement you're signing before you sign it. I've had to sign contracts as both a model and a photographer, as well as had both individuals and publications sign a personally drafted Licensing Agreement. Once you sign your rights away there's little recourse for further compensation.

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