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April 25, 2007

When you find your photo(s) have been misused, The conclusion...

If you're wondering what this entry's about, please read part one of When you find your photo(s) have been misused to catch up.

I contacted a lawyer that's in my family and with my help we constructed a letter with particular verbiage of my intentions to still come to a conclusion amicably with out taking the case to the courts. The letter was more of a help than actually a letter from a lawyer. But if you were to read the letter you could tell I consulted a lawyer. As well, it puts in writing my thoughts and intentions for the client to clearly read and hand off to other members of his staff for review or even his own lawyer if need be. The term, "put it in writing", does have a sort of concrete and serious tone to it.

I mailed the letter and the very same day they called me, wanting me to go on a shoot. I told them I could do it because I only had one day before the location would change, but I insisted we work out the details of my proposed contract. They again insisted they didn't intentially not give me credit, but other members of the team didn't know I had to be given credit for the photos when submitting them to the local paper. I can understand how these things can happen, but It was my intentions from the get go to have a photo credit in hopes to gain more exposure and future clients via the credit of

Photographer: Robert R Gigliotti, Hqprints.net
If this would have happened in a trade magazine I would have not felt so violated, but a circulation of well over a million...I feel its fair to want more than just an apology.

After a few voice mails and playing phone tag for a week we finally met on the weekend and signed the contract. In the end I was very happy with the end result of a larger down payment for my services and the client committing to a two-year deal for a little more than half of what I could have received if I had taken them to court. The upside of taking them to court would have been more money, but a burned bridge and loss of client(s) and in the end a loss of more revenue above and beyond what I could have received in the lawsuit. The relationship is still intact and I have an opportunity to do more great photo work for a respected client in the industry. In the end, I plan to deliver the best photo work I can and gain more respect as a businessman as well as a photographer.

Posted by Robert R Gigliotti at April 25, 2007 10:08 AM

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