Stock photography billing question
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photobean
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« on: February 21, 2006, 08:29:44 AM »

My apologies if this is posted in the wrong forum.
I was wondering if someone would be able to provide some guidance as to what my rights are in the following dilemna.
Last year, the investment company that I worked for approached me for assistance in decorating their office with my artwork. I went through my portfolio and supplied them with several contact sheets from which they chose 11 photos to enlarge to 20"x24". The company paid to print and frame each photo and asked that I provide them with an invoice for my fees.
I have since left the company and have just recently provided my invoice. I charged approximately $300-$600 per photo as is consistent with what I find stock agency usually charge. Since I felt it unfair that I havent billed them in a timely fashion, I also offered them the option to return the photographs in lieu of payment.  The company responded to my invoice by saying that my invoice was "exorbitant and unreasonable", that the framed prints were their property and that it was "arguable that I am entitled to nothing".
Do they have an argument to not pay or return my photos? I feel insulted considering I also provided photographic services for this company (such as shooting digital head shots for their marketing books and website) without charging them any fees.
Would appreciate any advice on this matter.
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Jim Hunter
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« Reply #1 on: February 24, 2006, 04:09:02 AM »

photobean,

First of all, please sign your post with your full real name per the Forum Rules.

Since no one else is willing to answer your question I will give it a shot.

The first mistake you made was not having a written agreement with the company in the first place outlining in detail usage rights and dollar amounts. However, since there was not a prior written agreement my suggestion would be that you should definitely consult a lawyer on this.
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Jim Hunter, Editor-in-Chief/Chief of Operations
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Glenn Morimoto
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« Reply #2 on: February 26, 2006, 09:17:56 PM »

Photobean,

I'm sorry but I must agree with Jim.  Since you did not have an agreement of terms in writing you may have a very difficult time getting payment.  Since it appears that you were still employed with the firm at the time, they may be looking at  it as a work made for hire or something dreaded like that. 

I don't think you have the right to feel insulted because you gave them free photography for their marketing purposes and you feel taken advantage of.  If you want to play professional photographer you must act like one and be on a business to business level with any companies or people you deal with in the future.  That means communicating well with them and knowing your business, like copyright, usage, licensing etc. and MOST important using contracts and having a paper trail in case there's a problem.  I also feel that you may have been unfair to your old company by not communicating with them what your fees would be BEFORE having the work printed up etc., especially since you've given them work for free in the past, why would they expect to pay very much or anything for future work.

I understand that it's exciting to see people use and enjoy your work and as artists we all crave to get that "pat on the back" for a job well done but most of the time we are dealing with business people and they understand business.  Business people don't always understand the typical creative persons lack of business acumen but they sure will exploit it when given the opportunity.   Angry

So, I think you have two alternatives.  Either take the "hit" and take a lower price to get something back, then chalk it up to experience (which, by the way, makes getting future work at a reasonable price for other photographers  much more difficult now), or consult an attorney as Jim suggests.

Sorry for the sermon,
Glenn Morimoto
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