DPChallenge: A Digital Photography Contest You are not logged in. (log in or register
 

DPChallenge Forums >> Business of Photography >> Breach of contract - best way to deal with it?
Pages:  
Showing posts 1 - 3 of 3, (reverse)
AuthorThread
02/15/2021 09:06:21 AM · #1
Hey all, a few years ago I was approached by an American firm (I mention this because I'm Canadian) for use of one of my images.

I drew up a contract, which was reviewed by a lawyer, and clearly included a clause of use stipulating photo credit wherever the image is used.

One of the ways the photo was used is in a brochure. I just checked and they neglected to give me photo credit.

Now, the contract is up for renewal. As they are already acting as though they own the photo, I am tempted to send them an invoice for $20k USD for the full rights to the image.

Otherwise, I plan to tell them that I am revoking their rights to use the image and to delete it immediately.

Any advice from those with similar experiences would be great!

02/15/2021 09:11:23 AM · #2
I don't have a similar experience but did sell a few images in the past.

Maybe you should give them a chance to correct the error in the next issue. If they refuse or if it does not make sense in this case, I would add a zero to your suggested amount. 20 KUSD for full rights is quite cheap in my view.
02/15/2021 09:24:28 AM · #3
Originally posted by willem:

I don't have a similar experience but did sell a few images in the past.

Maybe you should give them a chance to correct the error in the next issue. If they refuse or if it does not make sense in this case, I would add a zero to your suggested amount. 20 KUSD for full rights is quite cheap in my view.


This is the first sale I did on my own - all others have been via Alamy - and, being far too trusting, thought that of course they would honour the contract in full.

I am pretty sure they would balk at $200k USD. I base the $20k on a sale made on Alamy some years ago. An image sold to a US trucking firm for $45k, so that was probably a sizeable campaign.

I had already just sent them a quote last week for the renewal, so I am waiting to hear back from them regarding them before I drop the bomb. The firm using it is a small 2-person local firm but they are affiliated with a much larger company.

Ironically the firm in question is an investment company. You'd think that if anyone knew how to read a contract, it would be them! And wouldn't most pro GDs, just out of professionalism, automatically include photo credit in the first place?

Message edited by author 2021-02-15 10:09:16.
Pages:  
Current Server Time: 06/13/2021 10:06:36 AM

Please log in or register to post to the forums.


Home - Challenges - Community - League - Photos - Cameras - Lenses - Learn - Prints! - Help - Terms of Use - Privacy - Top ^
DPChallenge, and website content and design, Copyright © 2001-2021 Challenging Technologies, LLC.
All digital photo copyrights belong to the photographers and may not be used without permission.
Proudly hosted by Sargasso Networks. Current Server Time: 06/13/2021 10:06:36 AM EDT.