Car dealer refusing to pay for photo work

<p>Hi, I do photography work for a number of car dealerships in an around Illinois. I take 50-70 pictures per car, resize them, upload the photos to dealers website using their inventory management and Photoshop the first picture with a layer. See Jiddmotors.com for example. I had been shooting about 100 cars per month at this dealership until they started to pay me later and later and jerk me around regarding payment. I finally got a check for $2200 but they still owe $1000+. <br>

<br />My question is: Can I send them a request to remove my images or pay me for them? I have never transferred the rights to them verbally or written. </p>

<p>Thanks in advance.</p>

<p>What does your contract / written agreement with the dealership say?<br>

That's going to determine what recourse you have.<br>

Why are you still shooting for them if they "started to pay me later and later and jerk me around regarding payment"?<br>

If you don't have any kind of written agreement, then you may be out of luck, since there's no official record of any terms or conditions.<br>

Next time, write a contract / agreement. It doesn't have to be complex or full of legalese. It should just say what you will do and when you'll do it and for how much. It should also say what happens if you're not paid in a timely manner.<br>

<Chas></p>

 

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<p>"What does your contract / written agreement with the dealership say?"<br /><br /></p>

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<p>Exactly. Plus everything else Charles said. The contract will (or should) show what rights and remedies everyone has. You may own the copyright but your agreement will ordinarily modify how they may be asserted. We have no idea what you agreed to do.</p>

<p>In any event, a federal infringement action over a thousand dollars or so isn't worthwhile and the dealership will claim it has a license to use the images anyway (which may be correct) and that the remedy is state court for money damages. A pain even to argue about. Even a DMCA take down notice can cause you problems and legal back and forth issues if it is inconsistent with the contract terms or if the terms are not reduced to writing.<br /> <br /><br />If you have a suitable contract in place, you can go to state small claims court for your loss. Start demanding removal of images, that avenue will become more sketchy. It isn't costing you anything to let them use the images but, it gives you an unfettered claim to be compensated, as agreed, for doing so.</p>

<p>Thanks for your responses.</p>

<p>There is no contract, written or verbal. A friend of mine was the previous General Manager and we had a handshake agreement. Pretty silly in retrospect. I have never transferred ownership rights to my photos. Currently they have 15,000+ of my photos on their website, of which I haven not been compensated for 2500 photos. Should/can I ask them to take all the photos down or just the photos I've not been paid for? Or am I out of luck?</p>

<p> </p>

<p>Photography is now something anyone can do, but few can do well. I bet the real problem is not that your work isn't great or good but the new ownership feels it's a luxury. I would keep asking for the money but don't shoot another car for them until paid. You may eventually either get paid because they want more from you, or never get a cent more from them but never have to deal with the jerking around again. Seems like a win win situation to me.</p>

<p>I have a similar client I shoot real estate for. He pays slower than molasses, but he does pay - usually just before he asks me to do another shoot. Funny how that works.</p>

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<p><em>"A friend of mine was the previous General Manager and we had a handshake agreement."</em></p>

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<p>I think you have an enforceable contract if this previous GM will attest to it. Their previous payment to you will also serve as evidence that an agreement had existed. </p>

<p>Thanks guys. I think I will send another email for payment. If I don't get a response, I'll send a demand for removal of images and see what happens from there. </p>

<p>I would NOT demand to have the pictures taken down - just follow the procedure demanding payment in if unsuccessful, take them to small claims court. I assume that there has been some kind of communication between them and you to let you know that those cars needed photographing?</p>

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<p>If I don't get a response, I'll send a demand for removal of images and see what happens from there.</p>

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<p>You have an agreement /verbal contract with the company that you will supply images, they may use them on their website and you will get paid. Unless you specifically agreed that they can not use the images until they have paid in full (which would be hard to prove without a written contract) then you don't have the right to demand they remove the images. You could ask, they might do it, but legally you can't force them. <br>

What you can force them to do is to honour their part of the contract and pay the money. Of course you might have to take them to court to get it. These sort of disputes aren't always easy to sort out.</p>

<p>I would think that your initial agreement would be grandfathered, as it was with the dealership, not a person. Verbal agreements carry some weight in some places; do some research. You could probably go to small claims court to force payment, without having to invest in a lawsuit.</p>

<p>But I wouldn't do any further work for them until the sign the new contract that you present to them that gets all of these pesky details ironed out.</p>

<p>George have they had anyone else start photographing vehicles for them? or are you still the go to guy? the web site they use to sell these vehicles is definitely a photograph based site where every vehicle is displayed in great detail. If they haven't perhaps now is the time to talk to them about a written contract. I would also suggest that you put all requests for payment in writing via accounts receivable by mail with a proper invoice if you haven't done that already, 30-60-90 days past due.</p>

<p>definitely agree with what's already been said. also, don't do any more work for them or images until paid in full for past accounts... perhaps a new manager doesn't see the worth in what you've given and doesn't need (or know he needs) your work. hope it works out!</p>

Try doing to them with a car what they are trying todo with your services.

 

They'll have a collection agency come after you.

 

Maybe you should find a lawyer who specializes in collection / contract work.

 

Also register the copyrights on your photos. If push comes to shove, which I hope it doesn't, and they continue to refuse

to pay you, that will give you a significant legal hammer. But you'll need a copyright attorney for that one. Registered

copyrights will help mightily with finding one.

 

Also take screenshots of the work the dealership is already using.