The client had seen some of my work from my Chicago Screen saver (its being sold at O'Hare airport at the Chicago Historical Society shop and on Michigan Avenue at Chicago Architecture foundation store and available on line for free if you buy a photo from my site) and heard about me from one of their own employee's. So I came in for a meeting and they gave me a number they wanted to spend, I told them what I could do, I wrote up a quick contract and we were set.

The one thing the client had an issue with was Photo usage rights. They simply didn't want to pay to use my photos. They seemed to think if they paid me to shoot their work then they owned the photos. This can't be further from the truth. The Photographer owns all rights to their photos unless they're a staff photographer or signed away the rights in a contract. I agreed to do the work and be paid for the work at an hourly rate for shooting and a post production rate. I also agreed that they could use my photos anyway they wanted as long as I received a photo credit. They're a big company that had never spent money on Photography and were growing bigger every day. I knew they would use my photos to get more exposure for themselves in the end getting more exposure for me.

Years have passed and low and behold I found my photo in a publication with no credit. The client didn't use my photo in a trade magazine with a circulation of 5k, no, they used it in a local Sunday edition Chicago paper that has a circulation of over a million. My first reaction was not good. The whole point was to get the photo credit and my client completely disregarded the contract and used the photo.

After a few emails and two phone calls I was able to get the person on the phone who signed the contract. They explained that the lack of credit was not malicious and wanted to work something out. I mentioned I didn't want them to write me a check for damages, but I'd like to do more work for them. We setup a meeting and I was in the office the next day.

The moment we got off the phone I wrote out a deal that would smooth this entire thing over. I came up with a number that I thought they owed me for the lack of credit and loss of business. It was the creative fee + usage rights for the photo multiplied by 300%. The 300% is the industry standard when a photo has been misused or used with out knowledge of the photographer. To settle I wrote out a contract for half that amount. Now I like this client and still believe in their product. I'd rather do the work for them and we both get something out of this mishap rather then me collecting a check. I'd like to keep the relationship in tacked than burn a bridge. I broke the work into a two year contract with limitations on the usage rights. They could use the photos, but not for publications with larger circulations with out paying a usage fee. I thought this was a fair and good place to start in hopes we could hammer out the details and move on.

The meeting went off as expected. The client wanted more time to look over the contract. I don't think they expected such a well organized photography contract. They said they'd call me after the weekend as they wanted to mull it over. Monday came and went, no phone call. Tuesday arrived and I received a call saying to hold on till the end of the week. The first reaction from the owner was as impulsive as it was crude. I can only guess they’re talking to their own lawyer on how they can beat my contract. After more than a week of leaving voice mails I've given up and have consulted a lawyer. Thank god I have one in the family and I'm pretty sure the client is assuming I'm so small I can't afford one. At this point I just wanted some advise on this matter and what kind of verbiage I should use in the letter. The letter is a last ditch effort before I file a lawsuit.

These are the steps as I see them…
1. You find out your photo(s) have been misused.
2. You contact the company or person and explain what happened.
3. Try and resolve in a amicable manor
4. If not, a letter from a lawyer stating that you will take action or a letter giving them in written form one last chance (see #3)
5. Follow up call after the letter has been received to try again with step three.
6. If this matter is still not resolved seek counsel to file a lawsuit.

Part II will be coming soon. I'm only at step four as I type this letter.

If you'd like to read the conclusion of this entry, click here