Dirty Bob Writes:
Regarding Montcalm Publishing and your reader’s Nicole Graves layout: I did the ghostwriting for Christi Lake’s monthly column for many years and never had a problem getting paid P.O.P. (Payment On Publication). Since you are a year past that point, the best thing it to call them direct and ask for their bookkeeper and directly ask when the checks will be cut. Not IF – ask WHEN.
In response to the post on having not been paid: depends on your deal. If you’ve already released the copyright, you’ll have a hard time getting your money at this point, and it’s going to be a royal pain in the ass.
The first question: is there a deal memo? A deal memo outlines the details of the shoot, such as payment, time frame and method of payment, delivery date ect…in short everything.
The deal memo I use specifically states that copyrights of the work (my case it’s video) remain with my company until such time as the payment is made in full. Make your client sign this and initial next to the copyright paragraph.
Now it’s not just a situation of small claims court, you’ve just moved into circuit court with a copyright infringement case….and any magazine, TV show or website will have to pay attention to this, as penalties run in the $50,000 range and up.
Also in the memo, you need to state where any legal issues will be handled. Unless this is done, you’ll have to sue the person in the state and county where they live- and they know it, so it’s a real pain to be dealing with a small claims case via email. And you must show up on the trial date or for depositions….in their area. So the hassle is yours.
NEVER release photos or video without something in writing. I’m betting the poster never did that. In fact, I’m betting he just shot the pics and sent them in.
If so…you pretty much have no recourse. The rules of the “contest” (GND) are slanted toward the magazine. They can even claim you didn’t “follow the rules” therefore are ineligible to receive any prizes.
Almost all…if not all…”contests” are frauds. It’s a way to get free content. All pics submitted to the magazine become property of the magazine and can be used for anything they wish to use it for. Forever.
Take a look at the release on Gallery’s website here: http://www.girlnextdoor.com/gnd-form.pdf .
If you submitted these pics a year ago, you are pretty much NOT going to get paid. If they wanted to pay you, it would have been done.
Again…never send content-video or stills…to a “contest”…they are all designed to screw you. Very few people get “discovered” or famous from being in these “contests”…the winner is the contest getting free content.
Tvshooter Video Productions