'The penalty is $150k per image': Client refuses to paid photographer, gets predictably sued

Author image for Brad Dickson
Brad Dickson • Managing Editor
Jun 28, 2023 9:00 AM EDT

Actions have consequences, and when you take the action of refusing to pay a contractor after signing a contract saying you would do so… you need to prepare for those consequences; especially when you decide to go ahead and use the material they've provided you anyways without paying.

This photographer shared their experience of a client refusing to follow through with payment for the services they had provided. Detailing how they managed to get back at the client thanks to a water-tight contract that they had their clients sign that only released licensing rights upon the condition of full payment. 

It's amazing how many times we've seen similar situations to this play out and just how prevalent the attitude that you can just not pay your contractors is you would hope that people wouldn't try such shady tactics to save a buck, but it appears that is not the case.

A response from the original poster in the comments is particularly poignant here; if you're a contractor doing work for a client and they balk at the prospect of signing a contract requiring payment for usage of submitted work, then they clearly don't intend to pay you at all. Contracting can occasionally see you hanging on by the skin of your teeth at the best of times, and having important invoices not materializing can put you in a tough spot.

Next, check out this web developer who redirected all of their client's web traffic to a competitor when the client refused to pay.

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  • 01
    Reflex camera - 13 "The penalty is $150k per image."
    via William Bayreuther
  • 02
    Font - Posted by u/PineappleIsSafeword 6 hours ago Don't want to pay me for my work? Let me remind you of our contract terms. So back in the day, I worked as a commercial photographer. Most of my clients were great, but a few liked to drag payment out or think they could just not pay me because they were a big company and I was just one guy.
    via u/PineappleIsSafeword
  • 03
    Font - I had one assignment where I delivered about two dozen images of models with their products. It was a pretty big deal for me. At every step of the way, they expressed their delight with all of the images I delivered. They'd paid me 1/3 up front and after delivering the images, I billed them for the balance. And I waited and waited and waited. Nothing. Every time I called, I got some excuse until they just stopped answering my calls.
    via u/PineappleIsSafeword
  • 04
    Font - Then it happened. They published the images and in ways that went beyond what our licensing agreement had covered. So not only had they not paid me for the usage we'd agreed to, they'd used the images in ways that went well beyond what we'd agreed to. They still weren't answering or returning my calls. OK, they wanna faround, they're gonna find out. So one of the things in my standard licensing agreement is a condition that says, " licensing is contingent upon payment in full". So by not
    via u/PineappleIsSafeword
  • 05
    Font - One thing I did when setting up my business is establish a good relationship with a lawyer. It helps that my cousin is a lawyer with good friends. So I call my lawyer and detail everything that's gone down. He sends them a letter letting them know we intend to sue for infringement since the images were never licensed, and that the penalty is like $150k per image and block their use of the images altogether. I know they got the letter because they called me freaking out. Offering excuses "
    via u/PineappleIsSafeword
  • 06
    Font - They must have consulted with their own lawyer who evidently told them just how fucked they'd be if they went to court over this. In the end, I settled for less than what I asked for in the initial demand, but it was far more than if they'd just paid me and negotiated for the additional usage.
    via u/PineappleIsSafeword
  • 07
    Font - TheDarkHelmet1985 4 hr. ago As an attorney, I love when new clients or existing clients come to me with issues like this. You hit the nail on the head. They think they will win cause of their size. One person with a legitimate gripe can really do damage in situations like these. That said, the vast majority of people don't follow up, go see a lawyer, or threaten litigation. They give up. Corporations know this which is why they do it. They get away with it as many times as they can then p
    via u/PineappleIsSafeword
  • 08
    Font - - Unlucky-Pomegranate3 5 hr. ago . I mean, that doesn't sound petty at all. Just abiding by the contractual terms everyone agreed to up front. Reply Share 306 Important-Fix-8830 - 4 hr. ago But I like the story anyway! 153 Reply Share Unlucky-Pomegranate3 · 4 hr. ago It's a satisfying conclusion, certainly. 76 Reply Share
    via u/PineappleIsSafeword
  • 09
    Font - mikemojc +1.3 hr. ago As a former photographer that had to deal with clients Fg Around, I'm glad you were able to come up with a positive Find Out 18 Reply Share PineappleIsSafeword OP 3 hr. ago It was all rooted in that one clause in my contract. 12 Reply Share ●●● ichbinpsyque 31 min. ago It's the little details. That's what makes the difference. Attention to detail. Just one clause well written can protect you major time 3 ↓ Reply Share
    via u/PineappleIsSafeword
  • 10
    Font - WorkMeBaby1More Time +3.4 hr. ago Sweet mother of God, they treated you like shit and you had them by the balls and you let them off? If they owed you 5k, no way I walk away without 10k. 48 Reply Share ... GaelicJohn_PreTanner 4 hr. ago I believe the story was more: "You owed me 5k. I threaten you with a 50k, very strong lawsuit. I walked away with 30k" Numbers completely made up in my mind. 73 ↓ Reply Share
    via u/PineappleIsSafeword
  • 11
    Font - Suspicious Grievances · 2 hr. ago To me, contracts are a type of forced accountability. Businesses live and die by their carefully worded contracts. Won't sign the contract, no work from me. 13 Reply Share
    via u/PineappleIsSafeword
  • 12
    Font - DaniCapsFan +1 . 1 hr. ago Hey, they ended up paying you more than if they'd paid on time. It's a good lesson for commercial artists: Have a lawyer willing to help you if you get a customer unwilling to pay. 93 Reply Share
    via u/PineappleIsSafeword
  • 13
    Font - spideygene 3 hr. ago That's part of the problem. People let companies shit on them because they're conditioned to think they can't possibly win. Good for you Reply Share 15 PineappleIsSafeword OP People have poorly written contracts. They're worried that their potential client will see that and not want to hire them. If they don't want to hire you based on that, they're planning to fo over whoever it is that they do hire. Those are the kind of clients that you don't want to work for anywa
    via u/PineappleIsSafeword
  • 14
    Font - gadget850 +1 -3 hr. ago I have a friend who is an amateur photographer and posts images on his website. He is registered with Pixsy and makes some change from license violations. 463 Reply Share
    via u/PineappleIsSafeword
  • 15
    Font - kelrunner +2.4 hr. ago Petty? Nah. I think the only thing you did wrong is not screw them for more. Reply Share 15 PineappleIsSafeword OP 2 hr. ago I wanted to make it painful enough that they'd think twice about doing it again, not scorch the earth so that they go under. The creatives I worked with there were great, it's just their employer that was shit. Besides, going to trial might have paid out more in the end, but it would have taken a lot more of my time and mental bandwidth. I'd r
    via u/PineappleIsSafeword

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