Getting Paid

[kittybuddha]

I recently did a job for one of the largest food companies in the world. The

job consisted of photographing dishes prepared by a chef using this company's

products & the shots will appear in Bon Appetit, Gourmet, Cooking Light,

Martha Stewart Living & the New York Times. I was hired by a top PR firm &

they've informed me several times that the client was "deliriously" happy with

the shots. The shots are already on the company's website as well. So how do

I get paid? We agreed on a price up front for the initial shoot & after the

company changed the recipe on one of the entrees - a price for the re-shoot.

I've snail-mailed & e-mailed invoices to the PR firm & left a few messages

asking them to call me with no response. I'm really new to photography & this

is only my second time I've done food photography. I've never worked for a

company or PR firm this big & I really need some advice here.

[art_haykin]

Just keep billing them, and after a bit, have a lawyer write to them.

[brucecahn]

Such things have to be negotiated in advance. Unfortunately many large companies still believe it is OK to make people wait three months before considering a bill. After that time follow Art's suggestion. I would have asked for a good sized retainer.

[ellis_vener_photography]

How long have you been waiting? What did your terms and conditions on your estimate,

confirmation and invoice tate for payment and copyright violations? Did you get a deposit?

Did you get a purchase order?

[wigwam jones]

Ellis is right. Most corporations of any size won't pay any invoice unless there is a signed PO. You should have the PO and your terms on the invoice you sent them. "Net 30" is standard, but many corporations consider "Net 60" to be their model. You can call and ask to speak to Accounts Payable - they'll give you the information. It is their job to pay invoices, so they'll work with you. But they'll want to know what PO they are paying against. No PO, no check. Usually it is a simple misunderstanding that can be cleared up quickly, even if you have to go back to the original purchaser and get a PO number after the fact.

[ellis_vener_photography]

Wigwam,

It sounds like he's actually owned his fees by the P.R. agency --who may use the old

song and dance that they are waiting to get paid by the client (bosh.)

 

Since the photographs are already being used they are technically in violation of your

copyright. Even if the contract you signed assigns usage or even the entire set of

copyrights

on the images to the client, that isn't valid until you have been paid in full, so now is a

good

time to go ahead and register your copyright. (Assuming you are in the USA) go to http://

www.editorialphoto.com/copyright/ to find out how to do this. It is a pretty painless

process and gives you legal leverage if they further delay in paying you.

 

I have always found it easier to deal directly with corporations than with many small p.r.

and advertising agencies.

[wigwam jones]

Ellis, sorry, I missed that part. My bad.

[kittybuddha]

Wow! Thank you all so much! I didn't think I'd get responses so fast. In response to Ellis: I've only been waiting a little over a month, I didn't get a deposit, didn't give an estimate, or have a purchase order. They called, we agreed on a price & I shot the first job the next day. Unfortunately, I can see I've made a lot of mistakes with this job. I think the biggest was giving the client unlimited & indefinite use of the photographs. I was swept away by the prestige of working for such an impressive client & really didn't think this through. I'm basically an advanced amateur & my ego really got a boost from being offered this job. I feel a lot better knowing it can take several months to get paid. I'll definitely take all of your advice & do what you've suggested. It seems I really need a mentor in this profession. I did receive another e-mail from Ogilvy today asking if I'd be interested in doing more work for a different client. This time I'll be better prepared. Thanks again!

[fullmetalphotograper]

PR firms are notorious for this. They will take a month or two. I went through this after

shooting doing a three day and two night shoot for a company doing a major multi-million

test on the West Nile mosquito control. They called me just hours before the testing was

going on. The PR firm forgot to book a photographer. I made two mistakes that day. I should

have gotten all details for the shoot I was sprayed with pesticide and was place in a worst

West Nile hotspot in the nation) , and I should asked for a credit number to run.

I did get paid, but they were slow about it.

[david_henderson]

First, take on board the things above about establishing a written contract which amongst other things shouls specify whats being delivered against what payment made when and a PO. But that's for the future and it isn't where you are.

 

Your issue is with the PR firm.

 

My suggestion is that you call the PR firm and ask to speak to Accounts Payable. Ask them if they have your invoice and if so when it is scheduled for payment. If they have your invoice and won't say when it is going to be paid find out why- it may be that its waiting for a budget/client/job code from the person commissioning the work for example. Quite possibly it will be the case that it is on the payment run for a specified date and all you have to do is to decide whether thats OK for you or whether to make a fuss.

 

If they haven't seen your invoice or can't schedule it for payment because of missing information from the originator then you need to contact the person giving you the work and tell them that you need to be paid now. Don't read too much into this btw. I've spent years managing Marketing functions and Agencies and I can tell you that unless a business is run really tight then show me an Account Manager or Director and I'll show you a drawer full of supplier invoices waiting to be processed. Reason is two-fold- first because processing invoices is admin. and about yesterday and the pressures on them make them prioritise getting the work out and doing it today. Second because they use invoice delay to manipulate client and job profitability data. If they put costs on a job before the revenue then it might make them look bad.

 

Unless you have already accepted this, do not accept "the client hasn't paid us yet" as a reason for their failure. This is their problem not yours, and any "policy" they may choose to spring on you at this point is irrelevent because they didn't make the sale conditional on it up front and in this context its commercially and I suspect legally unsustainable.

 

If you are unable to speak to the originator then you'll need to formally write to the company- I'd suggest at either Finance Director or Managing Director level, enclosing yet another copy of your invoice and indicating that their Company seems unwilling to commit to payment and a date for payment. Unless you have been told to the contrary indicate that you do not believe that the invoice or amount are the subject of dispute.

 

If you do all this and fail to get a satisfactory response then its time to see a lawyer.

[kittybuddha]

Thanks Ralph & David. This might turn out to be an expensive lesson but I'll do everything suggested & keep trying. I really appreciate your advice.

[kittybuddha]

I'd just like to let everyone know who responded that this issue has been resolved. I got a telephone call from the Account Director who profusely apologized & FedExed me a check from her personal account. She was so upset that I hadn't been paid that she was crying! When she explained what happened I knew she was telling the truth - that it had been a miscommunication & she honestly thought I'd been paid a few days after the shoot. She offered me more work & a lot of praise & any personal help I need with my business.

 

Take Care,

 

Skyy