as it says I sold them my Concorde image, the guy was nice he did say could he have the image soon as the deadline was approaching, so fine I sent the image and in the same email I send the invoice/contact/terms and conditions whatever you want to call it. 27th of last month after sending a email to make sure he had received the file well enough he emailed back giving his thanks and that payment would take another week, fair enough. Emailed him a couple of days ago asking why I had not received payment yet I got an automated email back saying he was out of the office until the start of September and if it was urgent to contact so and so, wasn't that urgent I thought he will get the email when he gets back and it`ll be sorted. I get an email today from seamingly the owner of the company saying that they have decided they don't want to use my photograph anymore. 20+ days after I sent the file when the guy was so desperate to get it in the first place. I wouldn't care if they said they did not want it before they got my photograph, but bit convenient they only decided that after they had received my file.
That is dead simple.
If they didn't use it, there is no course of action !
A bit like window shopping, or looking a new camersa over at the shop and deciding not to buy really.
ChrisH From Sweden, joined Jul 2004, 1136 posts, RR: 18 Reply 2, posted (7 years 9 months 1 day 20 hours ago) and read 1086 times:
The windowshopping can be done right here on a.net, no need to ask for files and promise payment, you've taken the time to prepare and send the image, i.e labour-costs should be paid.
Doubt they'll agree though! I've had this happen to me too, hate it when it happens!
Tommy Mogren From Sweden, joined Dec 2000, 911 posts, RR: 24 Reply 3, posted (7 years 9 months 1 day 20 hours ago) and read 1080 times:
Gary,
I have never dealt with this company.
In Sweden, there's a rule that if they order an image, and you deliver it.
It doesn't matter if they use it or not, they still have to pay you.
That's from a photographer/newspapers/publishers agreement.
Wish it worked that way in the rest of the world too...
Too bad, keep an eye so it's not in there somewhere anyway...
Tommy Mogren
Flightdeck Action - Cockpit Videos on Blu-ray and DVD - Flights In The Cockpit- You're Invited!
Tin67 From United Kingdom, joined May 2004, 266 posts, RR: 3 Reply 5, posted (7 years 9 months 1 day 18 hours ago) and read 1019 times:
I too provided a photo to this publisher and have yet to receive payment. It's not usual for payment to take a while to come through, but having seen this thread I've dropped them a little reminder. It'll be interesting to see if the same reply comes from the top man.
I didn't accept their first offer when they requested to use my shot, but after a couple of weeks a message came saying they'd up the fee and wish to use the photograph.
If I receive the same message saying that they did not use the shot, I'll will reply with a statement basically stating that without payment, all previous permissions granted for the reproduction or publication of the image by Delius Producing Berlin are withdrawn.
Photopilot From Cuba, joined Jul 2002, 2439 posts, RR: 20 Reply 6, posted (7 years 9 months 1 day 18 hours ago) and read 1018 times:
Well unfortunately this type of situation does happen, though sometimes they are more upfront about it.
When planning a book/magazine etc., they draw up a rough lay-out and then assemble the elements (text and photos) and start laying the pages out. Sometimes during the editing process stuff has to get cut out of the final product. Such is life.
Sounds like your image simply got cut during one of the editing stages and won't make the final product. Therefore no payment.
The same also holds true when dealing with advertising agencies. I've had an agency want an image so they can prepare a mock-up of an ad campaign for client approval. If the client approves, you're potentially in for a BIG payday, but no client approval and you get nothing. That's the way of life and you simply have to get used to it. Try not to become emotionally involved with the decision process. Think strictly from a business perspective. A whole lot easier on the ulcers that way.
Gary2880 From , joined Dec 1969, posts, RR: Reply 8, posted (7 years 9 months 1 day 18 hours ago) and read 995 times:
Me no like the look of this.
Yes as I said kaddy I emailed and got an automatic email back saying he was out of the office until September time.
I always send the invoice in the same email as the photograph so it cant 'get lost' or they mystically don't receive it.
Quoting Tin67 (Reply 5): I'll will reply with a statement basically stating that without payment, all previous permissions granted for the reproduction or publication of the image by Delius Producing Berlin are withdrawn.
thanks for the advice i wasn't sure what to write if push comes to shove.
This is the email, with reference to future aviation books I would have to withdraw the permissions
"Dear Gary,
Thanks for sending us your image. Disappointingly I must tell you that it has not been chosen for "Airline Design" or "Luxury Airline Design", both to be published by teNeues Verlag in October 2005.
As packagers we have taken an interest in books on airplanes and hope to create more titles soon. We will then be happy to contact you again.
Thanks again for your co-operation."
maybe they don't know that's not the done thing to acquire the highrez then decide not to use it but if they are a publishing company I highly doubt it.
Mikephotos From United States of America, joined Oct 2000, 2923 posts, RR: 56 Reply 9, posted (7 years 9 months 1 day 17 hours ago) and read 987 times:
It depends on what was agreed upon when the image was sent. I once had ad agency request usage for a jetblue shot. We settled on a nice price ($950) for a very small placement and I sent them the hi-res image. A week later was told the company they were doing the ad for changed their minds and went another direction. She also said payment will be made as in agreement to the initial contract. A week after that I received the $950 check. It's wonderful dealing with legitimate businesses. Wish they were all like that.
Clickhappy From United States of America, joined Sep 2001, 9444 posts, RR: 72 Reply 10, posted (7 years 9 months 1 day 17 hours ago) and read 970 times:
AIRLINERS.NET CREW PHOTO SCREENER
Ad agencys are spending their client(s) money, and they usually do so more freely.
Mikephotos From United States of America, joined Oct 2000, 2923 posts, RR: 56 Reply 11, posted (7 years 9 months 1 day 17 hours ago) and read 959 times:
Quoting Clickhappy (Reply 10): Ad agencys are spending their client(s) money, and they usually do so more freely.
sure, but the less money they spend = more money in their pockets. either way, they're making a much larger chunk of change then we do..thats for sure.
Clickhappy From United States of America, joined Sep 2001, 9444 posts, RR: 72 Reply 12, posted (7 years 9 months 1 day 16 hours ago) and read 953 times:
AIRLINERS.NET CREW PHOTO SCREENER
nah, they bid jobs as cost + materials....and they pad each "material" so they make an extra 15%
Mikephotos From United States of America, joined Oct 2000, 2923 posts, RR: 56 Reply 13, posted (7 years 9 months 1 day 16 hours ago) and read 935 times:
some do some don't. either way $950 is nothing when they're making 50x times that.
Saxdiva From United States of America, joined Jun 2004, 2382 posts, RR: 47 Reply 14, posted (7 years 9 months 1 day 16 hours ago) and read 934 times:
Maybe we just do business differently here, but I'd be wary. I use stock photos all the time, and most of them come from agencies. Any agency will provide a low-res version of an image for use in comps. HOWEVER, to get the hi-res version (or a slide, back in the days when we did our own scans), I pay up front, and I've never seen a contract that promises a refund if we change the layout and don't use it.
Now what I *have* done when a rights-managed photo gets cut is go back to the agency and see if I can negotiate for a future placement. Most of the time, this hasn't been a problem. If it's royalty-free, then I've paid the license and it doesn't matter what I use it for in the future. And I *do* keep this stuff in my files.
So... I think this is my long way of saying I'd be keeping an eye on what comes out of that department. And I don't think I'd be surprised if it pops up in another publication.
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