How should I deal with this content provider dispute? - GoFuckYourself.com

rdunn404 · 08-07-2002, 01:47 AM

Ok here's the situation. About a year ago a photographer found my site and contacted me about shooting content for it as a barter trade. Basically he would do it for free for the exposure for his work & build his portfolio and in exchange I'd do some graphic design work for his biz cards/promo pieces and send girls his way for their portfolios as well as pay expenses related to my shoots (equip. rental, processing, etc).

The relationship has gone well up until yesterday. He now feels he should get a % of paysite membership revenues that I'm getting off the pictures now. I did agree to start paying flat fees per shoot from this point forward since the site is making $, but I REFUSE to give a photographer, model, or anyone a % of what a site is earning just because they did a work for hire job. I said something to that effect in the nicest way, and he said something like "you don't own the copyrights to be using my pics anyway" almost sounding like he wants to strongarm me and try to bring a lawsuit if I didn't want to do a % or either remove the images from the site.

Now I wanna say FUCK OFF and be done with it, but would rather smooth it over some kind of way if a lawsuit would be more costly. Here's what I have in my favor: at the time of every shoot the model signed a release HE created that states that my company and well as his company both had rights to the images of the particular girl (me-for site, him-for his book). I also got invoices after every shoot from him that has him listing his day rate with BARTER in the payment column as well as the expenses incurred for the shoot (which I paid him via company check and have the cancelled ones on file). But since this started as a VERBAL agreement, I'm wondering how much juice a photographer can have or what angle they could use. I'm gonna consult a lawyer before I tell him to GET LOST, but just wondered if anyone has had any dealings with copyrights on content or verbal agreements like this?

Amputate Your Head · 08-07-2002, 01:50 AM

you got a document saying you own rights to them? Tell him to suck a dick.

Pathfinder · 08-07-2002, 01:54 AM

I don't have any specific experience with the subject matter, but as I am sure you know, written agreements often prove to be not worth the paper they are written on, and verbal agreements are worth even less.

So, as you have already suggested, before you make any decision see an attorney.

Amputate Your Head · 08-07-2002, 01:59 AM

Quote:

Originally posted by Pathfinder
see an attorney.

fuck the attorney too.... fist him!! (I did.....)

kosmic · 08-07-2002, 01:59 AM

He's beat then. If you have the rights to the images, tell him he is not getting shit from what your site makes. I would try to work it out with him however, just to avoid going to court. Offer him a banner or link to his page or something to shut him up.

good luck.

08-07-2002, 01:47 AM	#1
rdunn404 Confirmed User Industry Role: Join Date: Jan 2002 Posts: 999	How should I deal with this content provider dispute? Ok here's the situation. About a year ago a photographer found my site and contacted me about shooting content for it as a barter trade. Basically he would do it for free for the exposure for his work & build his portfolio and in exchange I'd do some graphic design work for his biz cards/promo pieces and send girls his way for their portfolios as well as pay expenses related to my shoots (equip. rental, processing, etc). The relationship has gone well up until yesterday. He now feels he should get a % of paysite membership revenues that I'm getting off the pictures now. I did agree to start paying flat fees per shoot from this point forward since the site is making $, but I REFUSE to give a photographer, model, or anyone a % of what a site is earning just because they did a work for hire job. I said something to that effect in the nicest way, and he said something like "you don't own the copyrights to be using my pics anyway" almost sounding like he wants to strongarm me and try to bring a lawsuit if I didn't want to do a % or either remove the images from the site. Now I wanna say FUCK OFF and be done with it, but would rather smooth it over some kind of way if a lawsuit would be more costly. Here's what I have in my favor: at the time of every shoot the model signed a release HE created that states that my company and well as his company both had rights to the images of the particular girl (me-for site, him-for his book). I also got invoices after every shoot from him that has him listing his day rate with BARTER in the payment column as well as the expenses incurred for the shoot (which I paid him via company check and have the cancelled ones on file). But since this started as a VERBAL agreement, I'm wondering how much juice a photographer can have or what angle they could use. I'm gonna consult a lawyer before I tell him to GET LOST, but just wondered if anyone has had any dealings with copyrights on content or verbal agreements like this?

08-07-2002, 01:50 AM	#2
Amputate Your Head There can be only one Industry Role: Join Date: Aug 2001 Location: Somewhere else Posts: 39,075	you got a document saying you own rights to them? Tell him to suck a dick. __________________ SIG TOO BIG

08-07-2002, 01:59 AM	#5
kosmic Confirmed User Join Date: Apr 2002 Location: Philly Posts: 871	He's beat then. If you have the rights to the images, tell him he is not getting shit from what your site makes. I would try to work it out with him however, just to avoid going to court. Offer him a banner or link to his page or something to shut him up. good luck. __________________ Ya-Mean Productions

08-07-2002, 01:54 AM	#3
Pathfinder theking of trailer parks Industry Role: Join Date: Sep 2001 Location: Tehachapi, California Posts: 2,277	I don't have any specific experience with the subject matter, but as I am sure you know, written agreements often prove to be not worth the paper they are written on, and verbal agreements are worth even less. So, as you have already suggested, before you make any decision see an attorney.