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clickhappy
Posts: 9042
Joined: Thu Sep 13, 2001 12:10 pm

Update On Nonpayment From Ad Agency

Fri May 04, 2007 3:09 am

Many of you will remember the thread I created a month ago asking for advice on how to handle the nonpayment of some photo sales to an ad agency in the UK. Here is an update.

After a week of no contact, I went through two weeks of runarounds (we need this, oh now we need this, please fax it, never got the fax, can you call, are you sure you sent it to the right fax number etc etc etc) and another week of hoping (fools gold) I have reached the end of the line.

Tomorrow morning an email will go out to the ad agency rep, the multiple "contacts" who have given me the run around, and of course their client, who was the person that originally contacted me about said shots, telling them to 1) Destroy any work that features my pictures or copies of my pictures and 2) Not use my work going forward.

There is no renegotiation, or asking (hoping) for better terms. They need to know straight away they are no longer able to use my work, so that there is no chance for "miscommunication" when they use my work. Part of my terms for the buy were disclosure of their media buy schedule IE I know where and when the adverts are scheduled to run.

I think it is funny how people label bullshit as miscommunication. "Oh, we were suppose to pay you? Sorry for the miscommunication!"
 
EK20
Posts: 869
Joined: Tue Mar 06, 2007 6:31 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 3:55 am

It can't be a very reputable ad agency if what you say is correct.

Only last week I was asked to send an invoice together with a photo (on this site) to a company in Belgium. Since they didn't reply to a couple of e-mails I sent I was a bit hesitant. However, I got paid this morning within 3 days of sending it. I guess it all comes down to trust.
 
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clickhappy
Posts: 9042
Joined: Thu Sep 13, 2001 12:10 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 4:06 am

They are worldwide, with agencies in every major european city and in the US, including Seattle.
 
EK20
Posts: 869
Joined: Tue Mar 06, 2007 6:31 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 4:13 am

Well, if I were you I would telephone the office where you sent the stuff and ask to speak to the head honcho. Can't ad agencies take weeks even a few months to pay? First sale I ever got was for a national newspaper and it took them 2 months to send me a cheque.
 
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clickhappy
Posts: 9042
Joined: Thu Sep 13, 2001 12:10 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 4:21 am

Sure they can, but its been 7 weeks plus my contract with them stated payment upon receipt of the image.
 
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ThierryD
Crew
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Joined: Sun Dec 04, 2005 6:58 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 5:13 am

Quoting Clickhappy (Reply 4):
my contract with them stated payment upon receipt of the image.

That's why I always chose the option "image upon receipt of the money"; that way if they don't pay it's their bad and I don't have any troubles.

Thierry
"Go ahead...make my day"
 
EK20
Posts: 869
Joined: Tue Mar 06, 2007 6:31 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 5:21 am

Quoting ThierryD (Reply 5):
I always chose the option "image upon receipt of the money"

If I did that I would have lost a lot of sales!
 
TedTAce
Posts: 9098
Joined: Sun Mar 27, 2005 12:31 am

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 6:27 am

Sorry Click, I hope someone else takes the same picture and does right by you.
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monteycarlos
Posts: 2018
Joined: Sun Mar 20, 2005 5:16 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 1:03 pm

Dissapointing news Royal. Its too bad it didn't work out in your favour because by all accounts you did the right thing. How do you rate your chances of them disposing of all your work as requested? Has any of it gone to print or been distributed? Did you consider any legal action?
It's a beautiful night to fly like a phoenix...
 
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clickhappy
Posts: 9042
Joined: Thu Sep 13, 2001 12:10 pm

RE: Update On Nonpayment From Ad Agency

Fri May 04, 2007 1:32 pm

They had better dispose of it or I will put together a war party bunch of lawyers to kick some ass.

First media buy is AW&ST set for the last week of this month.

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