'This is going to cost you': Small photographer stands up to big corporation with a massive lawsuit after they used his photos without paying

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    Don't want to pay me for my work? Let me remind you of our contract terms.
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    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.
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    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.
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    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.
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    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
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    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 around, they're gonna find out. So one of the things in my standard licensing
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    agreement "licensing is a condition that says, is contingent upon payment in full". So by not paying me, all of their usage is considered infringement, not just the usage outside of our agreement terms.
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    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
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    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.
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    I know they got the letter because they called me freaking out. Offering excuses "we were in the process of paying you". It's been 3 months past the due date. Accusing me of pl g our
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    working relationship. If you wanted a good relationship, you would have stuck by our original agreement and paid me. I ended the call by telling them they needed to deal with my lawyer.
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    They must have consulted with their own lawyer who evidently told them just how they'd be if they went to court over this. In the end, I settled for less than
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    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.
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    The DarkHelmet1985 · 6 mo. 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
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    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.
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    Corporations know this which is why they do it. They get away with it as many times as they can then payout the one or two times someone makes an issue. Cheaper for them in the long run. ↑ 3.0k 3.0k Reply Share
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    bapper111 · 6 mo. ago My father who owned a business once told me if they have a lawyer who makes $200/hr you hire one who makes $300/hr. He made his investment back more than a few times. 252 Reply Share
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    saywhat252525 · 6 mo. ago My husband has a story like this. He did a lot of work on a commercial building. Guy paid every bill except the last one for about $8k. My husband had put a mechanics lien on the building (thank you to our
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    attorney!) so their attorney and our attorney negotiate and my husband agrees to accept $6k, with about $3k to go to our attorney. Husband signs the agreement but the other guy refused. Finally goes to court. My husband got
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    nearly $20k (interest and penalties as per the contract), attorney got nearly $80k. Served that building owner right! 104 Reply Share
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    TheDocJ 6 mo. ago Hope the other guy's attorney also gets well paid for having to deal with such a fool of a client. Is that a speciality for attorneys? Build a small
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    portfolio of idiot clients so that even a minor issue becomes something that you can bill them for many thousands. You'd need thick skin, but that is pretty much a given for the legal profession... ↑= 7 ↓ Reply Share
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    defnotapirate. 6 mo. ago I did this on a contract job. They owed me about $4K, and stopped responding. They didn't anticipate that I knew what a mechanic's lien and that it applied to our situation. So I filed one and waited.
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    About a year later they tried to sell the project and found that they couldn't. I suddenly started getting calls back from them. They wanted to pay the $4K in full. I told them that with penalties and interest for a year the figure was now $12K. They d and c d and hung up on me.
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    Next day a nice lawyer who didn't yell and scream and c le called me back. We settled on $8K, with an additional $500 as an "apology" for how the big boss spoke to me the day before. I rode that justice high for weeks. Reply Share 360
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    SuspiciousGrievances 6 mo. 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. Reply Share 30
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    UglierThan Moe 6 mo. ago I just love how they refuse to pay you for your work, ignore your calls, use your images anyway and in a manner that violates the licensing agreement on top of it, and then THEY. BLAME. YOU for "p ng your working relationship". 16 Reply Share
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    OzMadMan82 · 6 mo. ago Send them some watermarked images as a preview until they pay. Then give them the unwatermarked ones! Thats what I do. 46 6 Reply Share
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    Iaminavacuum · 6 mo. ago I just don't get larger companies not paying the smaller guys on time. We always paid the small guys immediately, even with N30 terms, BECAUSE they depend on it much more than the large guys, that can absorb a longer term. Messed up.

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