If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
|
Thread Tools | Display Modes |
#1
|
|||
|
|||
Value of original transparencies? Please help!
Sounds like a tough situation if you dont want to make any one mad or damage
your reputation. Just document everything that you have done and continue to do in your efforts to retain what is rightfully yours. Then try and find a friend who is or knows a lawyer that will right up a quicky letter politely requesting the expedited return of your property. Mail is certified and return reciept. That would be the most tactful thing that you can do. Hope some of this is helpful? Warner in Texas "mp" wrote in message 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. Rather than post the situation here, here is a link that explains what's happened. I've not received a response one week after sending the letter.(http://www.photosig.com/go/forums/read?id=207982) Also, any advice about how to word the letter that threatens small claims court? TIA Mike |
#2
|
|||
|
|||
"mp" wrote in message
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. Rather than post the situation here, here is a link that explains what's happened. I've not received a response one week after sending the letter.(http://www.photosig.com/go/forums/read?id=207982) Also, any advice about how to word the letter that threatens small claims court? TIA Mike She's already showed you she's a slimebucket so don't get mad, get even. Red |
#4
|
|||
|
|||
The value of your work as an artist isn't related to the value of other
artists work. You will need to be able to prove that the value you claim is reasonable for *your* images, not someone else's. That means some history of sales to establish their value. The value is also going to be affected by your lack of a model release, which means you don't have the right to sell the images anyway, so as a previous poster noted, cost of materials may be the only value granted by the court. Tom P. "mp" wrote in message om... 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 |
#5
|
|||
|
|||
In article ,
says... 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. Rather than post the situation here, here is a link that explains what's happened. I've not received a response one week after sending the letter.(http://www.photosig.com/go/forums/read?id=207982) Also, any advice about how to word the letter that threatens small claims court? TIA Mike Warnings: 1) Are you claiming what apparently is a freelance business on your taxes? 2) Small Claims courts typically have a dollar ceiling to the size of the claim that they can address. |
#6
|
|||
|
|||
"JR" wrote in message ell.edu... In article , says... 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. Rather than post the situation here, here is a link that explains what's happened. I've not received a response one week after sending the letter.(http://www.photosig.com/go/forums/read?id=207982) Also, any advice about how to word the letter that threatens small claims court? TIA Mike Advise: Without a model release, you would not be able to establish any significant commerical value for your slides. Small claims court generally can only award money damages, not order return of your property, so that doesn't solve your problem. Contrary to the advise of others, a "letter from an attorney" will cost you more than this is all worth, and with a nut-job like you ran into, it's not likely to have any impact. No attorney worth anything would recommend the expense of a lawsuit over this, given the subject and its value. Taking some care to avoid the appearance of being obsessed over this matter [which does appear to be the situation from your descriptions], you should circulate the short version of your experience with this "model" among your budding professional peers as a warning to avoid this person. At least you will be doing a service and appear to adopt the attitude of a professional. At most, the word will get back to her, conveying a message which might cause your sildes to show up one day. Since you have already adopted procedures which would avoid this happening again, you should move on and otherwise forget it. In the world of business, if all you ever get ripped off is a box of slides, you will be a big winner. |
#7
|
|||
|
|||
(mp) wrote in
om: snip 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...) ASMP is the place to look, try specifically under the name Michael D. Remer (AMSP legal counsel) and the term 'valuation' or perhaps 'replacement value'. Referring to one of my books "Pricing Photography: The Complete Guide to Assignment and Stock Prices", this amount has been upheld numerous times before, but may hinge on technical excellence, selective eye of the photographer, prestige and earning level, uniqueness of subject matter, established sales or use prices, group value of individual images, and frequency of acceptance by users. From what you've said, you might have a hard time establishing any of these, but you can certainly make a case for the slides representing time and effort lost, damage to portfolio, setbacks in professional advancement, etc. You can potentially build your values around your business plans to do this professionally, by demonstrating that you are seriously on the path to doing this for regular income, and not just 'screwing around with a camera' or pipe-dreaming. Since the photography of women is probably the most abused area of photography, be ready to make it look good. Remember that there's always multiple ways to say something ("spin"). Instead of saying anything like "She was my second model", point out instead that this was the only model where you had used such-and-such lighting or technique, and your portfolio suffers from the loss of the variety and skills this represented. Also, you may want to establish that you are unconcerned about the purported monetary value, you'll be happy with the slides, but no one can be expected to take the matter seriously without a value attached. Naturally, should it go to court, you will also want at least the court fees covered, and you can be willing to settle for those and the return of the undamaged slides (this is vaguely related to haggling - aim high, and come down to your 'acceptable' level, and everyone's happy). Good luck with it! - Al. -- To reply, insert dash in address to match domain below Online photo gallery at www.wading-in.net |
#8
|
|||
|
|||
In my opinion, your best bet is to file an action for the maximum amount
permitted in your jurisdiction for a small claims action. Hope she does not appear in court. Absent her presence to defend her actions, you get a default judgment which YOU. not the court, must enforce. That will allow you to attach any assets of hers you can find as well as place notice on her credit report. The chances of you getting paid are slim but you already know that. You've learned a lesson here and now is the time to move on with your career. I think anyone would respect a photographer attempting to protect his work. Do less and you will be stepped on again. The world is full of schmucks like her. mp wrote: 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. Rather than post the situation here, here is a link that explains what's happened. I've not received a response one week after sending the letter.(http://www.photosig.com/go/forums/read?id=207982) Also, any advice about how to word the letter that threatens small claims court? TIA Mike |
#9
|
|||
|
|||
None of this matters if he doesn't have rights to the pictures. He DOES NOT
have a model release. He needs to call her up and ask her to sign a model release so that he can sue her. Tom P. "Al Denelsbeck" wrote in message . 7... (mp) wrote in om: snip 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...) ASMP is the place to look, try specifically under the name Michael D. Remer (AMSP legal counsel) and the term 'valuation' or perhaps 'replacement value'. Referring to one of my books "Pricing Photography: The Complete Guide to Assignment and Stock Prices", this amount has been upheld numerous times before, but may hinge on technical excellence, selective eye of the photographer, prestige and earning level, uniqueness of subject matter, established sales or use prices, group value of individual images, and frequency of acceptance by users. From what you've said, you might have a hard time establishing any of these, but you can certainly make a case for the slides representing time and effort lost, damage to portfolio, setbacks in professional advancement, etc. You can potentially build your values around your business plans to do this professionally, by demonstrating that you are seriously on the path to doing this for regular income, and not just 'screwing around with a camera' or pipe-dreaming. Since the photography of women is probably the most abused area of photography, be ready to make it look good. Remember that there's always multiple ways to say something ("spin"). Instead of saying anything like "She was my second model", point out instead that this was the only model where you had used such-and-such lighting or technique, and your portfolio suffers from the loss of the variety and skills this represented. Also, you may want to establish that you are unconcerned about the purported monetary value, you'll be happy with the slides, but no one can be expected to take the matter seriously without a value attached. Naturally, should it go to court, you will also want at least the court fees covered, and you can be willing to settle for those and the return of the undamaged slides (this is vaguely related to haggling - aim high, and come down to your 'acceptable' level, and everyone's happy). Good luck with it! - Al. -- To reply, insert dash in address to match domain below Online photo gallery at www.wading-in.net |
#10
|
|||
|
|||
Now THAT is a good idea, the first in this thread.
Tom P. "Mark Eversoll" wrote in message ... In my opinion, your best bet is to file an action for the maximum amount permitted in your jurisdiction for a small claims action. Hope she does not appear in court. Absent her presence to defend her actions, you get a default judgment which YOU. not the court, must enforce. That will allow you to attach any assets of hers you can find as well as place notice on her credit report. The chances of you getting paid are slim but you already know that. You've learned a lesson here and now is the time to move on with your career. I think anyone would respect a photographer attempting to protect his work. Do less and you will be stepped on again. The world is full of schmucks like her. |
|
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
WTB: Original Canon Lens Instruction Booklets | Eric C | General Equipment For Sale | 0 | September 30th 04 09:00 AM |
How to Preserve Original Image Dates when Transferring to CD | frank1492 | Digital Photography | 10 | August 21st 04 08:41 AM |
Original B&W Fiber Based Prints For Auction! | Mark Baylin | General Equipment For Sale | 4 | April 19th 04 11:27 PM |
Original Fuji/Leica digital camera software & complete cable set | PK | General Equipment For Sale | 0 | September 2nd 03 03:07 AM |
Original Gossen Super Pilot Precision Exposure Meter. | Rare Old Things | 35mm Equipment for Sale | 0 | July 12th 03 04:45 PM |