Been stiched up

[Nordic]

As some of you know I have a photo web site tha has attracted some interest over the years with photos being lifted and used on other web pages etc but nothing to stressful.

A few months ago I was approached by the Fly Slot car company as they wanted to launch a model of Desire Wilson driving her Porsche 935 at Brands Hatch 1981.

It seems photos of her are a bit thin on the ground so I agreed to let them use one of my humble efforts and we agreed terms, a small fee and a sample of the model.

The model has now been available for a few months with my photo of Wilson on the box and I have not heard any more from them dispite chasing them.

So a word of caution, get the money up front!

[Robspot]

we agreed terms, a small fee

Don't suppose you agreed these in writing at all?

[Nordic]

Does email count? If yes then they did agree.

[Robspot]

really you need a contract in place.  wish you had said as i have these available, saves all the hassle, let me know if you need some help.  OAT

Not so sure about that. I agree a contract would have made it much easier but the absence of one doesn't necessarily mean he's stuffed. A contract can be implied by the conduct of both parties, i.e. you have an email agreeing to pay you for the photograph, you have supplied the photgraph to them and they have then used it on their product. This effectively forms a contract between you.

Is the sum of money substantial?

You can issue a money claim through the HMRC website but you have to pay depending on the amount claimed. If it's worth doing I would suggest writing to them, enclosing a copy of the email, and saying that if they don't pay before a certain date you will issue a county court claim against them.

More info here

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

[Nordic]

The amount is not substantial and the company is based in Spain, so I do not think it is worth going to court over.

I will contine to hassle them and am getting other contacts to hassle them as well.

Thanks for all the advice.

[Robspot]

The amount is not substantial and the company is based in Spain, so I do not think it is worth going to court over.

I will contine to hassle them and am getting other contacts to hassle them as well.

Thanks for all the advice.

Do your contracts cover Dago Deals Peter? 

[Andy Zarse]

Spain, could be a worth a visit with a baseball bat and see how strong their bones are

Probably stronger than yours Pete!! 

PS Hope the arm's getting better mate!

[monkey]

You own the copyright on the picture and this puts you in the driving seat as I understand it. You mention in your mail that you agreed 'terms' in fact all you have to do is be sure that they saw the terms/or the terms were presented to them - that makes them binding. No contracts are needed - no one needs to sign anything.

I would be tempted to write to them instructing them that you intend to add interest to the invoice at a rate of say 30% per week (perhaps). And just keep on invoicing them. They have obviously sustained production costs and so have a good deal to lose and the more they use the pic the more of a claim you have. The thing is they do not have the right to use the image until they have paid you for it - so happy hunting. If they still have not paid in a year then perhaps they will owe enough to make a trip to court worthwhile. Good luck.

[Nordic]

I have made some progress I hope.

Some research has given me the name of the company owner (former spanish sports car driver Rafael Barros), I have forwarded him the original emails and he has replied to say that he will chase it up for me and ensure payment is made asap.

Fingers crossed.