Thanks, everyone for the responses. I haven't heard anything from her
(I gave her a week to respond). In the next letter I write, I'm going
to explicitly mention the violation of my copyright and threaten small
claims court and/or pressing charges (very professionally, of course).
I fully expect I won't hear from her even after that, so I need to
figure out how much to sue for. The max in small claims is $5000.
So, $250 will be too high. In any case, does anyone have a reference
that I could cite in court that $1500 each is accepted in the
professional world? The judge won't just take my word for it. I need
a book, court case, etc. (I was thinking maybe a ASMP book might have
it-going to library later...) Also, help with the verbage for the
letter would be appreciated (such as what parts of Title 17 to quote).
Should I send her an invoice for this stuff, also? Anyone have any
examples?

Thanks again.
Mike

Al Denelsbeck wrote in message .6...
(mp) wrote in
om:

I need help establishing a value for 36 slides for the purposes of
filing a small claims action. I've read several times that
professionals use a value of $1500 per original. But since I'm just
starting out, I'd never be able to justify that (have never sold a
transparency, have only done a few weddings). I was thinking more
like $100 per slide, but how do I justify this? Any help is greatly
appreciated.

This is a tricky situation. Since you're not routinely selling and
therefore cannot provide any proof of what previous images have gone for,
you may get stuck with 'cost of materials', a routine fallback in the
courts. And this is the only amount any photolab is liable for if they
damage your film.

Pros put a value on their images, but this is on the delivery memo
for requested works that are to be returned, Most ask that the memo be
signed and returned promptly, and this occasionally does happen. But if you
send the images along with the memo, you've essentially given the client
the images without allowing them to accept or reject terms, and thus the
valuation is only if the courts decide to allow it, and they have no
particular reason to. If you've gotten the valuation signed off *before*
the images are handed over, ah, that's a different story.

You will, quite possibly, eat this one, as others on the forum have
said. And you stuck your neck out by not having signatures or agreements
and by handing over originals. However, this does not mean you cannot bluff
your way out of it, even by actually filing charges. The model has *her*
rep to consider too, and you'll find it's very easy to trash if you try.

Go for $250 an image. That's 1/4 to 1/6 what professionals typically
place a value at, high enough to mean a serious charge. This is your
livelihood, your time, your future. The letter should be polite, official,
and make no accusations of theft or bad character. This is strictly
business. And it's strictly business that, with no answer within 30 days of
the official letter (certified, return receipt), you refer the matter to an
attorney. Certified mail can be refused - this does not make the letter
ineffective. It can still be presented in court, unopened, as evidence of
your attempts to deal with this properly. And her refusal to accept the
letter will indicate to the court that she is trying to dodge the issue.

The court may not agree to the value, and this is a risk. You can
show that you, in good faith, recognized that professionals typically place
a much higher value, so the defendent got a freaking break your honor! But
definitely include in the letter, and in any case that you might actually
file, that time (so much per appearance, so continuations hurt) and court
fees are part of the settlement. You may get nothing for the photos except
their return, but the judge may allow the court fees to go through
untouched.

Being very businesslike, as if you deal with this all the time, works
much better than anything else, in my experience. Don't threaten, don't
call names, don't get emotional. Your letter isn't intended for her, it's
intended to show that you followed all the proper procedures in an effort
to deal with this privately. People tend to find the impersonal
notification of court action that much more serious.

Good luck! Hope it works out well,

- Al.