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Helen asks…

What are copyright laws for photographers? What can I do if someone uses my work without my permission?

I was contacted by a marketing person my brother ran into they started talking. He was complaining about his photographer and my brother told him his sister was a photographer and to give me a call to see if I would be interested. This was a shoot for Space Coast Harley Davidson, I was excited he asked me to come shoot. I told him I would do it for free the first time, since I'm new to this kind of stuff and was nervous. I did the first shoot with another photographer. Before I even emailed him my pictures from the shoot he called to tell me the guy who's paying for everything didn't like the only model who showed up and wants to do a second shoot with new models, I sent him the few pics I had edited. I told him that was fine, I but I can't do it again for free. I gave him the SUPER low price of $100. He said that was okay with him. Of course I get a call on the way to the shoot saying there was a family emergency and I would be getting paid that Monday. Monday rolls around..,.. nothing so this time I didn't email him a preview. He calls me begging for at least one picture from the second shoot, saying I would get paid he was just waiting on the guy Dale who is paying for all of this. Against my better judgment I sent him the picture. Few days later I emailed him "I guess I won't be getting paid for my services?" I get an email back that he hasn't heard from Dale and he got screwed over too(blah, blah, blah) but they were just going to use the images from the first shoot and "if you recall you said you would do that at no cost" I was beside myself. I sent him a message back saying they are not to use any of my images, from the first shoot or second. I did my part and they reneged on the agreement. Am I right to do this?? I feel completely used. The pictures were to be used in Florida Rockstar Magazine(who I should probably contact making sure none of my images are submitted without my permission), fliers for Space Coast Harley anniversary party and on their website.

What would you do??

Here are some examples of my pictures(all are either of my kids/family or my friends kids, lol) http://www.flickr.com/photos/48928557@N06/

I don't suck, I have a lot to learn however I feel asking $100 wasn't asking too much especially since it's for marketing purposes.

Any advice on this please!! Thanks!
Sorry this is so long... I kinda got going, lol.

Motorcycle Store Staff answers:

1- 100$ is SEVERLY undervalued even for non commercial work. Work of this nature should have been closer to 1000$ and even that might be low balling it and NEVER do commercial work pro bono.

2- Get everything in writting ... ALWAYS.

3- Your contract, verbal or otherwise, was with the Marketing person, not this Dale guy ... If the marketing guy can't get paid by his client, it doesn't change the fact that you still did the work. The Marketing guy agreed to the terms, not Dale.

Think about it this way, A conctruction company hires an electrician to do wirring for a new house. The electrician shows up and does the work and when it comes time to get paid, the contrsuction company tells him that he can't pay him because the person who is supposed to buy the house changed their minds ... That's not how it works, you rendered a service, you need to be paid the agreed ammount ... It's the marketing guys job to get the money from his client ... Has nothing to do with you.

Imagine for a second if you had paid for models, an assitant, had rented gear ... Now you have all these expenses and no income for it ... Even without those costs, you still had wear and tear on your vehicle, on your camera ... Your time also has value.

BTW, in most places, emails can be legally binding so keep those emails.

4- NEVER, EVER send your final product without getting paid ... NEVER!

William asks…

Let's Face It, AMERICA IS #1! God Bless The U.S.A. ****Do Your Bestest To BUY AMERICAN**** Do you own a Ford

or Harley-Davidson? GM, Dodge, Polaris , General Electric TV or Stove?

Do you look for the 'Made in America' tag?

The trade deficit happens when our country spends more than it produces or inanotherwords it's when the US has more durable goods shipped in the country than what we make and ship out.

Even our Ford & GM's and a host of other Made in America products are loaded with parts and/or components from foreign countries.

Infact the computer you're using right now is mostly,if not all from another country. A Starbucks in Japan doesn't equal a Toyota bought here.

It's not just Asia either, Outsourcing jobs to India is wrong. Shopping for everything under the sun at Wal*Mart is wrong. Major oil companies selling our to the Middle East, Canadians crushing our farmers & loggers. Mexico 'illegal' immigrants outsouring as longhaulers KILLING GOOD PAYING AMERICAN UNION JOBS!!!!

Look around us America!

WAKE UP!!! Shop @ Costco! Costco's hourlies avg $17 per-hour. NAFTA
Don't let the America be deceived that putting a plant in whatever state for Honda or Toyota is worth a Ford & GM plant closing down here in our own good land.

Don't be FOOLED!!!

Ford,GM,Damler Chrysler (American/not German) is just as good as JAPAN CARS!!! Don't believe that Consumer Reports. They rate Sony Wega's as tops and there's websites to say what a POS Sony really is.

Drop your digital camera from your waist to the floor. ***I DARE YA***

It will need repaired and don't give me the BS that must be a Sony/America made one.

No it's all Sony.

Consumer Reports IS OWNED BY THE JAPANESE!!!

Wake UP AMERICA!!!!!!!!!!!!!!!!

Motorcycle Store Staff answers:

It's not just America which has this problem you know, I live in England, we are losing our car plants at the moment, funnily enough, because Americans are buying them! Jaguar the quintessential British car, is now American, it was bought out by FORD! Aston Martin is now owned by FORD, can you believe it, the same car made famous by the very English James Bond! Land Rover, that's been bought by FORD! Actually what exactly do you have to moan about? Your country seems to have bought out most of the English car manufacturers. MacDonalds are a global concern, so are several other American businesses. So I suggest you stop your whinging and complaining and just be grateful you are in a country where you still have cars manufactured by yourselves! I am proud to be English, no I'm not a racist, nor a member of the BNP, I'm just an annoyed English person, who's fed up with other countries taking our work away!

Michael asks…

Do you consider yourself an American? Do you use gas in your car?

Some people say the oil and gas we put in our vehicles does not come from middle east. But we all know that if middle east stops the flow of oil the first country going to crash would be us. Why are we making ourselves so dependent on middle east oil? How American are we or is our Harley Davidsons and Ford Trucks real american if the most important part of its function which is oil being imported from MIDDLE EAST??

Motorcycle Store Staff answers:

Get a life. Stop whining and start doing something about things you disagree with.

If people spend less time protesting and more time doing what they could to personally lessen their carbon footprint, the world would be a much better place.

Courtesy of Y!Answers

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