Photographs used, no payment. where do i stand.

I'm not arguing about it, not worth the effort, I read the law differently, I'm not a lawyer but I have 5 law modules to my name. I could be wrong but I'd take my reading over yours to be honest. My reading is you're wasting your money trying to recover the costs here.
 
@ Op

If you want to know where you stand legally, my sister in law's (recently) ex-partner is a solicitor and is a partner/part-owner of a debt recovery firm, so I maybe able to ping him an email later if you want?
 
Ejizz said:
@ bigredshark

Completely incorrect analogy of the Ops situation!

The Op spoke to an agent of the Ayr Advertiser and agreed to supply the Ayr Advertiser with pictures from the day.
An email with links to the pictures and invoice were sent by the Op, at this point Ayr Advertiser should have written back to the Op with their terms of purchase (if different), or they should have not used them in their publication, therefore rejecting the good's.
By using them in their publication they were agreeing to the terms of the invoice.
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The part bolded is the pertinant point in the argument. As Ejizz indicated the paper accepted the terms of payment provided in the invoice when they downloaded the files from the provided links. Obviously wording in the email may not have been clear and they might argue as such but ultimately they had the choice not to acquire the images from the links if they did not agree to the terms set out in the email and invoice.

Depends on the value as to whether you want to fight it, but if you take the small claims route and they decide to fight it, then your chances are 60/40 as every lawyer that advises me states regularly. The Judge can always pass judgement against either party but certainly worth pursuing with the paper. The threat of legal action may be all you need for them to pay but I'd put relevant reminders in as other indicated above.
 
Interesting development.....I emailed the other photographer last night to see if he had been paid for his pictures and his response today was that no he hasn't been paid either! Now this other guy is a pro photographer so he knows how to deal with papers on a regular basis. He states in his email that after sending photos in he emailed them again looking to find out how many of his pictures were used and has since not had a response back from them.

Its looking more likely that they're just not wanting to pay photographers.
 
^^^
Not sure of their credit rating, but maybe it's more they can't, rather than don't want to, this delaying of invoices is usually the first sign of cash flow issues...
 
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a lot of places are extending their payment terms to over 60 days at the moment, might be something to ask them?
 
I must admit I'm following the same lines as bigredshark on this one.

He offered you one deal (Credit and a copy), and you sent the pictures in, with an invoice attached. No negotiation.

Why didn't you clarify first, and say that you wanted monetary compensation instead of just sending in an invoice with the pictures?

Seems like there's a bit of a communications breakdown here.
 
I would've thought OP would have been happy with the credit and copy of the paper given that it's a one-off in a little publication about something of limited import. Its nice to get paid, but there was no clear agreement on pay,net. Chalk it up as a learning experience and move on I say.
 
^^^
Invoice showing terms was sent in email with links to pictures, they then used the pictures, this means they accepted the contract therefore there is an agreement to pay.

Do you really think the full time professional tog didn't also have an agreement to pay?
Because he hasn't been paid, same as the Op, so something else is up with the client defaulting on the terms of creditors invoices.

Oh and the whole, 'Just be happy you had a small credit under an image' thing, is what is killing the photography profession, and guess what, some people actually (and rightfully) place value on their time and effort just like other trades and professions.
 
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Ejizz said:
Oh and the whole, 'Just be happy you had a small credit under an image' thing
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That's what he agreed to. I wonder what the invoice actually says - does it refer to the photos?

Either way, we're talking peanuts. Chalk it up to learning and move on.
 
Not sure what he can learn from this tbh, as he's completely in the right, like the Op says, other papers pay him no problem, and I'm also pretty sure he'l get paid by this paper if it is financially sound.
 
Ejizz said:
Not sure what he can learn from this tbh, as he's completely in the right, like the Op says, other papers pay him no problem, and I'm also pretty sure he'l get paid by this paper if it is financially sound.
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Learn to be clearer and specific about the payment terms? Agree payment upfront, rather than sending an invoice (an unexpected one IMHO) alongside links to the pictures?

Devils advocate...

OP -was the invoice sent as an attachment to the e-mail with the picture links? If so, can you prove the paper got the attachment?
 
#Chri5# said:
Learn to be clearer and specific about the payment terms? Agree payment upfront, rather than sending an invoice (an unexpected one IMHO) alongside links to the pictures?
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agreed. and i think this is the main issue of the thread rather than shouting at the paper for not paying up.
 
#Chri5# said:
Learn to be clearer and specific about the payment terms? Agree payment upfront, rather than sending an invoice (an unexpected one IMHO) alongside links to the pictures?

Devils advocate...

OP -was the invoice sent as an attachment to the e-mail with the picture links? If so, can you prove the paper got the attachment?
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They got the link to the pictures so that arguments out the window.

Also he DID NOT agree to the terms originally proposed by them, instead he revised the terms that he was willing for them to use the images. The paper therefore accepted the terms by downloading the images and using them.

People talking about the OP agreeing to the terms etc are just plain wrong.

Similarly if another tog hasn't been paid then it's likely that the paper are either experiencing a bit of a cash squeeze or are just delaying payment as long as possible.

It's quite sad that peoples understanding of making a living out of providing services is soo poor that they believe that people should just 'chalk it up to experience' for not getting paid for their time. It's like signing an agreement and then not paying because you didn't read the small print, you'd still be in the wrong for witholding payment.
 
Myocardial Inf said:
It's quite sad that peoples understanding of making a living out of providing services is soo poor that they believe that people should just 'chalk it up to experience' for not getting paid for their time. It's like signing an agreement and then not paying because you didn't read the small print, you'd still be in the wrong for witholding payment.
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rofl. i just think that as a professional the OP should have nailed his demands to the mast before sending the images, sending the images without this is just going to cause confusion no matter what.

for the record we've dealt with national publications and found that getting confirmation before sending works. and thats working within the final hour(s) before deadline also.
 
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