Sueing a client

chrisjlee · January 9, 2007

So a while back this client asked me to document their ties. I didn't think it was hard at all and wasn't too much of my time and I've never done something like that. So I did it for them. They had promised to pay $300 for the ties I've documented. (Affordableties.com).

I spent maybe an hour doing it very quickly. They wanted me to redo them. So I was going to make an effort to but then I got busy and never got around to doing so. Eventually I checked up on them in case to see if they put up my photos. They ended up doing that. They're still up too. What would you do?

gluwater · January 9, 2007

First off, did you have a written contract signed? Also, have you contacted them since they put up the images?

Seefutlung · January 9, 2007

chrisjlee wrote:

So a while back this client asked me to document their ties. I didn't think it was hard at all and wasn't too much of my time and I've never done something like that. So I did it for them. They had promised to pay $300 for the ties I've documented. (Affordableties.com).

I spent maybe an hour doing it very quickly. They wanted me to redo them. So I was going to make an effort to but then I got busy and never got around to doing so. Eventually I checked up on them in case to see if they put up my photos. They ended up doing that. They're still up too. What would you do?

You agreed to retake the photos ... so your contract is not completed until you retake the shots. Until you've fulfilled your end of the deal ... you don't have leg to stand on. Once you've completed your contract you're in the driving seat both with the client and legally. I would call them and arrange a reshoot.

Gary

chrisjlee · January 9, 2007

Seefutlung wrote:

You agreed to retake the photos ... so your contract is not completed until you retake the shots. Until you've fulfilled your end of the deal ... you don't have leg to stand on. Once you've completed your contract you're in the driving seat both with the client and legally. I would call them and arrange a reshoot.

Gary

Even if they're using my photos on their website currently?

devbobo · January 9, 2007

Personally, I have never understood the US's predisposition to litigation. Is it really worth sueing for $300 ?

I checked out the site and I can understand why they would want the photos reshot. With product photography attention to detail is everything. For a site catalogging tie I would imagine that they would want all images taken from the same perpective, as well as the product being straight and white balanced correctly.

Just a few issues.

Cheers,

David

System · January 9, 2007

I don't know about suing them; I guess small claims court is the way to go-

I'm not saying to sue at the drop of a hat; it can be a hard thing to do-

but sometimes it's a way to right a wrong-

contract or no; written or not; completed or unfulfilled; to me, they don't have a right to your photos unless they have your sayso-

just my opinion, for what it's worth-

3rdPlanetPhotography · January 9, 2007

dang.. 50 bucks for a tie? Maybe my affordable is in a different category OR I'm just tie stupid

Well I don't think sueing is the proper method. They used your images because that's all they have to work with. If you said you'd reshoot them then I'd bet they are still waiting on that. I wouldn't hold up launching my website and services because my photographer got busy. Can you really blame them for using them when that's all they have?

If I tell someone I will do any re-shoot then I give up living until I get it done and make that client happy. That's what it is all about.

Someone mentioned above the one MAJOR issue. Do you have a written very specific contract document with them? If so, does it state they cannot use your images until you re-shoot? If you don't have a contract then you have absolutely nothing to build a case on and what use would the court be?

Don't mean to sound like I'm digging in you, just stating my opinions.

Scott

Seefutlung · January 10, 2007

chrisjlee wrote:

Even if they're using my photos on their website currently?

Yep. The use of your photos does throw a bit of a curve ball on the situation ... but the bottom line is you agreed to reshoot the ties ... their position is that you will be paid when you fulfill the contract ... as for using the first shots ... "Well your Honor ... we're just using these first photos as a temporary measure while waiting for the final images."

I am not attacking you but the facts against you are:

1) The first set of images were not as expected
2) You agreed to reshoot them
3) There is an issue of timelyness of which you are again remiss

The fact in your favor is that they are using your property without authorization.

The indea here is to get paid. I understand that using your work without your permission and/or without compensation is legally wrong. (Until they pay you for your work you retain ownship of the photos.)

If you went to Small Claims the Judge will probably give them the option to pay you or remove your photos from their site. In which case they'll probably remove the photos.

So if you want to get paid ... reshoot the ties. If you don't want to be paid then send them a letter stating that they are not authorized to use your property then take them to small claims.

Gary

Sueing a client

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