Gary2880
Topic Author
Posts: 1856
Joined: Wed Aug 18, 2004 8:52 pm

Stiffed By Publishing Company

Wed Aug 24, 2005 9:37 pm

Hello.

Regards to this thread http://www.airliners.net/discussions...on_photography/read.main/193594/4/

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.

is anyone else having problems with them?

Am not happy. What's my course of action

Regards

Gary  Angry
Patriotism is the last refuge of the scoundrel :- Samuel Johnson
 
dendrobatid
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RE: Stiffed By Publishing Company

Wed Aug 24, 2005 10:11 pm

Quoting Gary2880 (Thread starter):
What's my course of action

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.

Mick Bajcar
 
ChrisH
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RE: Stiffed By Publishing Company

Wed Aug 24, 2005 10:14 pm

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!
what seems to be the officer, problem?
 
Tommy Mogren
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RE: Stiffed By Publishing Company

Wed Aug 24, 2005 10:18 pm

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!
 
Gary2880
Topic Author
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RE: Stiffed By Publishing Company

Wed Aug 24, 2005 10:33 pm

Quoting Dendrobatid (Reply 1):
A bit like window shopping, or looking a new camersa over at the shop and deciding not to buy really.

yeah but you dont take the camera home then phone up the shop telling them you decided not to pay.

point is i gave them my photo along with a contract then after they got it they decide they dont want it. alegidly.

not going to be easy to keep tabs on a german publishing company from aberdeen  Sad
Patriotism is the last refuge of the scoundrel :- Samuel Johnson
 
Tin67
Posts: 268
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 12:26 am

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.

Lets wait and see what happens

Martin
 
photopilot
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 12:32 am

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.

Best of luck on the next deal.

Steve
 
kaddyuk
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 12:37 am

Hmm, seems my reccomendations were premature as well, after being promised a payment, i have not recived a cheque yet.

I have invoiced them but not received the cheque or pp payment. I have just called the company and the person i need to speak to is not in.

I'm going to keep calling till i get through.
Whoever said "laughter is the best medicine" never had Gonorrhea
 
Gary2880
Topic Author
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 1:06 am

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.
Patriotism is the last refuge of the scoundrel :- Samuel Johnson
 
mikephotos
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 1:12 am

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.

Mike
 
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clickhappy
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 1:39 am

Ad agencys are spending their client(s) money, and they usually do so more freely.
 
mikephotos
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 2:00 am

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.

mike
 
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clickhappy
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 2:12 am

nah, they bid jobs as cost + materials....and they pad each "material" so they make an extra 15%
 
mikephotos
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 2:25 am

some do some don't. either way $950 is nothing when they're making 50x times that.

mike
 
saxdiva
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RE: Stiffed By Publishing Company

Thu Aug 25, 2005 2:29 am

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.

Just my $.02,
Leanne

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