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<p>It was long time ago when I first post this topic....<br>

<br />As of today Case is closed....<br>

<br />I won 100% win, First: Lady was forced to pay ALL money she owed and Judge said that I could sue her for much bigger money. There was NO work for hire, Judge said this case is absolutely far away from being Work for hire situation. Judge also said to the lady that in his opinion she was bulling me, and she should be ashame that she was trying to use me and trick me in such a disgusting way. <br>

<br />For the record I met her in two different courts district and circuit court, and I could tell you all about... contact me if you need details :) </p>

<p>my name is kind of well known in the some type of photography and she is using this fact to gain business.... I wish to tell you all details but I just can't right now.... for me is she is using one or 100 my pictures doesn't matter I decided to not leave this case just like that and I will fight for every single picture and every single penny....</p>

<p>Do you guys know if there is anyway to save as a proof the website and make it useful in case of confrontation and charges ? I printed few copies of the page that is signed with my name, I did screenshots. What else I can do ?</p>

<p>I can't poof that she was sending emails, the only proof I have is a comment left on the page signed with my name and the comment said "thank you for your email it is exactly what we looking for I placed my order already signed with customer name" </p>

 

<p>Jess I appreciate any help ! But read the topic.... you'll notice that I said already this or that.... anyway... I found a lot of answers and good advice here.... John's posts are very helpful, They me good explanation of some parts of the case....</p>

<p>and one more thing John.... 1099 is a proof of being Independent Contractor, you can't by the law name someone employee. She can name me employee when we talking etc, but according to law I wasn't employee I was independent contractor, She can use word employee as a well known and commonly used word to describe someone who work "with you/ for you" but to be named employee by the law you must meet a lot of requirements first: Taxes, W-2 and other stuff that determine relation ship.... and if you read carefully you may notice that there was no relationship, It was friendly relationship, I was helping her as a ME wearing shirt with huge logo representing ME and MY company... funny part is that my logo is not related to wedding business at all it shows What my photography specialization is.... and thats what I do pretty much every single day :) I take pictures of.... something :) </p>

<p>John I would recommend to ready all posts before you start your "I know everything better" We talking here about my case not about if...</p>

<p>I said very clear I was independent contractor, There was no written agreement, and before you tell me to read the link you read posts....</p>

<p>Employee employer relation ? How about that I was wearing at the weddings MY shirts, with MY name and MY company logo on it. I was giving couple MY business cards with My name and MY company logo. Not enough ? She wasn't involved in process of creation, I was using my private equipment and my computer, nor she was involved in pictures delivery process. I was sending everything and I have every single delivery confirmation in my record... BTW CD had MY logo on, and MY name on.... Benefits ? never got penny back for gas, tolls, never had any insurance.... and I was hiring MY assistant and I was paying him.... If I said I can't take picture at the wedding you booked because I'm going to cool my ass of in the swimming pool she could only say: PLEASE HELP ME and sometimes I was helping....<br>

<br />Show me relation here ? I can give you 10000 explanations and situation proving that I wasn't here employee, good reasons those mentions in the employee - employer relation law....<br>

<br />I worked in my career for : NG, NASA, NAVY, USAF, Discovery Channel and you can find my work in publications all over the world - I have very different specialization than wedding photography - right Mary ? You can even find my pictures in Encyclopedia Britannica, I signed tones of work for hire agreements and even that I never lost copyrights to MY pictures, There was share agreement, there was unlimited usage license agreement but never such a BS like she is trying to push. I already talked to my attorney and he said case is clear for many reasons, starting from identify theft that she is practicing finishing on 1099 form<br>

<br />I did huge mistake stepping in the s...t called wedding photography because in 2010 she called me and asked: Can you help me please, just please don't charge me a lot.... and I said of course I can because we locals because we neighbors and if I can I will support you and your business with my name and photography... and this is what I have now.... I will fight for every single picture that she used and every single penny that she made of my work... and I will request to pay all those money on some Photography for Kids program or something, I don't need a penny from that woman. She was sending emails signed with my name and selling pictures and products as a me.... I just discovered that few weeks ago....<br>

Right M M ? Where is your honor... I was trying to help... and let you use my name and my company to improve your business because before all that wedding company had was a bunch of hobbyist with first dslr camera....<br>

Now she will be lying to people because customers asked for me and my service and she can not provide it anymore, however she charged them my price... Welcome to the Wedding business ladies and gentlemen. FARMING... thats what she does....</p>

<p>She sent me couple days ago similar case where Employer claimed copyrights... but employer was photographer and was hiring assistant.... :) Thats how I found your forum guys :) Now I love it :) I premiss after all this mess I will start using my real name and I show my pictures:) As always I hope to learn something new every day and I see that here is a lot of great photographers.....</p>

<p>I know you reading this MM :) </p>

<p>Yes it is she was sending email signed my name to customers informing about special offer to buy pictures, books, Christmas cards etc. Also on her website is a page saying about special offer all that stuff and signed my name one the bottom , to look like I was writing all what on page about special offer, it's like I offer those deal etc... but the truth is I have never ever sold one picture to customer I was sending CD to customer and one CD to her for her record, she used pictures that I sent her as a proof that I took pictures, and for her own record. I would never expect that she is going to tell me that those pictures are not mine....</p>

<p>Yes I did report my cash income, she gave me 1099 form with amount of money that she paid me in 2011. It wasn't reported as an employment income it was MISC cash I think, thats what 1099 form said.<br>

Wikipedia is saying that :<br>

"Form 1099 series is used to report various types of income other than wages, salaries, and tips (for which <a href="http://en.wikipedia.org/wiki/IRS_tax_forms#W-2">Form W-2</a> is used instead). Examples of reportable transactions are amounts paid to a non-corporate <a title="Independent contractor" href="http://en.wikipedia.org/wiki/Independent_contractor">independent contractor</a> for services"</p>

<p>Which in my opinion means that I was independent contractor am I right ? </p>

<p>No I will not work with her anymore, I refused to sign any papers couple days ago. I also asked to remove all my pictures from her website. She said those are her pictures.<br>

<br />She said she gave me a papers to sign only to make everything clear, because in her opinion those are her pictures and doesn't matter if I sign or not</p>

<p> </p>

<p>Doing my research where is she using my pictures etc I discovered that she was sending emails to people signed as a me, offering prints and canvas, and some Christmas special packages. One her website is a section with the special offer and at the end of the text she put my name, that this is my offer... I see comment left by one of the couple saying: OMG thank you Chris for you offer, my order has been placed, this excellent<br /><br />As far I know this is a very serious violation of federal law am I right ?</p>

<p>Her deal few days ago was clear: I can sign the paper and keep making money of her weddings or she will find another photographer<br>

<br />I was trying to be ok with her and I never said anything about using my pictures to advertise her business she helped me to make some money I helped her because she was making money for booking me and she had pictures to advertise business. <br>

<br />She kept telling me that she had 7 other photographers in the future and nobody ever asked for copyrights because it was unappropriated, and it was natural that if she gave them weddings to shoot the pictures are her not photographers..... <br>

<br />We never had any agreement I was taking pictures for the last 2 years. She offered couple option of: minister only or Minister and photographer, 75% weddings she had was Minister Only. She charged $750 for a wedding with photographer. She was giving me $300 and couple had 60 minutes of photography.</p>

<p>It started in 2010, Lady running wedding business asked me for help, I'm a photographer and she asked me to take pictures at one of the wedding because of emergency of her photographer or something. I took pictures I gave her CD with JPGs, she paid for my service, same with second wedding. Few months later she contacted me and asked if I would like to shoot more wedding because she like my pictures I said no problem. I shoot about 15 weddings for her in 2011, She paid me for each wedding, those are one hour sessions, wedding at the beach etc, etc. She was charging couples money for my service and giving me part of what she charged couple.</p>

<p>I was giving her CD with JPGs and everything was just fine, I was sending one copy for couple with pictures and she was reviving one copy for her record. I had my logo on pictures that I was showing online, I used some pictures on my website. She asked if I would be interested to take pictures in 2012 season I said yes... but after few weddings she said that I'm using her pictures to advertise my business. I was shocked because she said she owns the copyrights to my pictures. I never signed any agreement with her, she was paying me cash, I never Signed copyrights release papers, We never had any written agreement. She is trying to tell me about Work For Hire which clearly said that work is for hire only if we have written agreement. She is using all my pictures to advertise her business (about 99% pictures used in advertising are mine) I never had anything against because we worked together and It was ok with me.</p>

<p>Now she is telling me that I'm using her pictures.... Pictures taken by me, processed from RAW, with my name in the exif.... She gave me two papers to sign few days ago. She said if you not sign then I will find another photographer. First paper was kind of Work For Hire agreement and second was paper saying that I do not have any copyrights to pictures taken in 2010 and 2011 at the weddings that she booked.... She sent me link to Work for Hire law <strong><a href="http://www.copyright.gov/circs/circ09.pdf" rel="nofollow" target="_blank">http://www.copyright.gov/circs/circ09.pdf </a></strong><br /><br /><br>

It is clear to me that work for hire is only when both sides sign agreement. Plus According to law I'm not her employee because there was no tax withhold, no w-2, and all that other things that employer must "do" to call someone employee<br>

<br />What in this situation ? Who is the copyrights holder ? Anyone can help ?</p>