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Issue with major magazine payment over licensing
***update down below*** So I need some advice. November of last year I was contacted by a large and well known Publication to use some of my images in a portrait book their were putting out (for fun we'll call them Magazine P). I agreed and signed a letter of agreement for the two the images I released and thought everything was good. Now the book comes out around about January and it's very exciting and I even receive a free copy as per the agreement. However I receive a check for the payment of one of my images the same month ($25) but the other check never comes, or at least I never saw it, and that one happened to be for $150 dollars. Now I've tried to sort this out with them since maybe late March. I wanted to wait a while to see if it was simply taking longer (since they did ask for that release maybe a few weeks later so I thought it might take longer to get the check) However when nothing came I contacted Magazine P simply through their online customer service. I also believe I contacted the original woman to asked for the release (the senior editor of the publishing company. We'll call them Publisher W) Now I did receive an email from customer service from Magazine P saying 'we're sorry, you should contact our parent company (we'll call them Corporation B) to sort this out. Here's how to direct your email to the right person on their site'. So I follow the instructions and wait....and wait. And nothing. So I think maybe I filled it out wrong so I fill it out again....and wait. I'm getting annoyed now so I try to contact Magazine P again and get the same email response. I get really annoyed so I sent like 10 emails to this stupid 'contact us' thing and another email to the Senior Editor. And I wait some more..... Low and behold about 3 months later someone actually answers me. This is what was said: Lady from Corporation B "I've cc'd (Senior Editor) here to facilitate your getting back in touch. I have no way to track the payments for that book, but given how many images (Publisher W) licensed for it, it's not surprising that one fell through the cracks. I'm sorry that it was yours! I'm sure that (Senior Editor) or someone on her team can track it down and get you paid -- but it could take a while to get to the bottom of it. Thanks for letting me know!" Then the SE says: "I'm so, so sorry for missing your earlier email—I've checked my records and we did input your second invoice into the system, so I'm not sure what went awry with it. I've queried accounting and will let you know as soon as they give me an ETA. Again, I apologize—we were so happy to feature your beautiful work, and I hate that we dropped the ball on payment. We will fix it fast." This was about 2 months ago and I've heard nothing again, even after sending an email early this month to check if they've heard anything. I know it might be dumb to some people to be frustrated over a small amount of money but its MY money and I really don't have a lot, that would be a big deal to me. Even if they were actually responsive and said 'oh well our records show you cashed it' I'd probably just say 'alright' and move on. Is this even worth pursuing further? It kinda just seems like they're jerking me around and it's becoming less likely that it will get easily resolved. Obviously it is hard with so many images to keep track but shouldn't they have a way to show which payments have been cashed? I checked my bank accont like 10 times to make sure I didn't accidentally cash it and forget and I'm 99.9 percent sure I didn't deposit it at the bank for cash because ours has a app that does it over the phone (and I can even see that it's how I cashed the other check) Any advice??? Jul 25 16 01:30 pm Link It costs you nothing to keep going with this issue. If they have just legitimately had a hiccup in their payment system, and you keep at it, you'll eventually get a cheque (or for you guys down there, "check"  ). I would definitely suggest trying to get a phone number and talk to the Senior Editor directly, or to Accounting directly. It's a lot harder to ignore 7 phone calls than it is to ignore 7 emails. It's definitely *not* ok for them to put out a book and make money from your images without being compensated. It doesn't *sound* like they're trying to screw you, it just sounds a little disorganized. The amount of money involved isn't really the issue here (for me), it's the principle of the thing, they said they would pay you, you should get paid. I do know that larger companies can take far longer to issue payment than I think is reasonable, but it's not uncommon. However, it was released in January, it's now almost August. I wouldn't suggest getting all up in their face about it just yet, but I think you've been nice and polite long enough, and maybe turn your dial up to "firmly resolved" about this. Track down a phone number or two. I usually find there's someone that I can find that will be able to clear these matters up much faster than by using email. Hope that helps! Jul 25 16 01:44 pm Link I would keep at it, but also consider that this 'problem' is actually really good for you. It gives you a perfectly valid excuse to keep writing to this publication and make yourself memorable, so long as you stay positive and don't create a bad impression. Even if this is a 'minor major mag' like Zink or Paper(oh, I get it now), putting yourself firmly on their radar is worth a lot more than $150. Just stay positive. I doubt this is your big break, but it could very well be the scenario that puts you down that path. Jul 25 16 01:52 pm Link After working for many years in the magazine industry, I've learned a few things. Whenever there is any question about payment of an invoice, the person you want to personally speak with is the head of the billing department. Every magazine has one, their name is usually listed on the masthead, or you can just call the magazine and ask for the billing department. Do not send emails ! Pick up the phone and call the person directly, with a friendly, understanding tone of voice. Explain your situation and ask for their help in resolving your problem. I say this, because the last person on earth you ever want to piss off, or annoy with a bad attitude, is the person that sits behind a desk all day, writes your check and has the power to make sure it goes out in the mail on time, and not two months later (as some will do if they don't like you). Jul 25 16 01:59 pm Link I've worked in magazine publishing for 28 years - mainly car mags. I can assure you of one thing that seems universal, no matter the size of the company, the right hand seldom knows what the left hand is doing, and the actual publisher is the absolute last person you want to talk to because they generally have no idea what's going on. As others have said, speak to whomever is in billing and be polite. Explain the situation and the agreed upon deal, hopefully you have that in writing somewhere or in a previous e-mail you can send to them - if not, ALWAYS get agreements with book or magazine publishing companies in e-mail or on good old-fashioned paper - never consent to anything verbally unless you're just willing to never get paid. Not trying to be ugly, but I've done this a long time, I've seen publishers tell people all sorts of things at trade shows and car shows, then three months later they have no idea what was discussed or what they said - there's just too much going on. Putting out books and magazines, even in this internet heavy environment, is a very hectic and constantly changing business because we're all making do with a lot less staff than we used to and everybody's doing a lot more jobs than they used to do. Confusion is pretty commonplace I'm afraid. Don't get upset or offended, just keep the lines of communication open and be friendly with whatever nice lady you get in billing - you'll likely get paid, because I know our girls down here would much sooner cut somebody a fairly nominal check like that than keep dealing with a problem. As long as you're nice and polite, that goes a very long way towards getting paid quicker. Good luck! Jul 25 16 02:11 pm Link Ok I just had to make a few calls to get to the people that I think might be able to help me but she said everyone just went home (which is fine it's 5 minutes til they close) so I'll have to try again tomorrow. So confusing! The Mag p (which I could not find a number for AT ALL lol) is based out of NYC as is part of Corporation B and the person that emailed me so that's obviously who I tried to call (the NYC number there just asked if you needed subscription information or to enter an extension) when that didn't work I tried the Publisher W who is based in San Fan who gave me the number of I guess a another part of Corporation B in Florida where I actually talked to someone who said that accounting there might be able to help! Hopefully tomorrow when I call I can sort it out, I don't want to have to wait or call 5 different people to get an answer but yes they are a large publication and somehow I guess the three are connected and yea they don't seem to understand what the other one is doing. And I really am trying to be polite and patient I think I only got snippy once just saying I was getting frustrated that I wasn't getting any responses after over 3 months (and at that point they had told me to use this certain email feature to get in contact with the right department) but I was never rude or unprofessional or anything like that (or at least I hope so, normally I'm not confrontational) and super thankful when they DID answer. Jul 25 16 02:46 pm Link Laura Bello wrote: Accounting software has delays programmed in. Jul 25 16 04:47 pm Link Maybe it's lost in the works, Maybe it's incompetence, Maybe it's a willful run around, We can't tell. I will note that a general contractor friend of mine is having problems with a client who drags his heels at paying invoices. (Aside: one of the unpaid invoices is for the doors -- that "client" might find those doors missing one day). There are also lots of stories on the Internet lately about a rich guy who also doesn't pay his contractors their full price after the work is done -- he pays maybe 20% of what he owes & invites his victim to sue him. The problem is that many of these "victims" don't have the time or money to hire a lawyer, so these "clients" figure they can get away with it. It's the new way of doing business. If it were me, I'd start wanting a penalty clause put in the contracts for overdue payments. But Ken Marcus is right -- if you piss these guys off, you probably can kiss future business for the ma gazine goodbye (and for that magazine's associates & cronies, too). I was thinking about all the songs recently used without permission during political campaigns. Politicians have known for decades that they should license the usages of songs, but they just don't bother, daring the publisher to sue. I wonder whether a class action lawsuit would be more scary to the copyright violators? I know this is skirting Soapbox talk, but I mention it for a reason -- are you the only photographer being strung along, or are the other photographers in the book facing the same problem? Do some homework, and if others are having similar problems, perhaps you can consider banning together? Just a thought. For me? I figure that it is exceedingly easy to escalate hostilities, but it is exceedingly difficult (if not impossible) to deescalate hostilities once they have been escalated. Keep looking for someone to take ownership of the issue, and when you do... ... Get their contact information, ... Understand their position in the company's hierarchy, ... Nail them to a date -- what are they going to do about the issue and [u]when[/i] will they report back, ... Document that deliverable & due date somehow, ... If they fail, ask for someone else (higher in the hierarchy) to help you, ... Keep a running timeline & record of everything being done. But check with a lawyer before pressing the nuclear button. Good luck. Jul 25 16 05:21 pm Link Ken Marcus Studios wrote: Yep, yep and yep. You want confirmation directly from Payables. So pick up the phone and ask for Accounts Payable. Jul 25 16 09:11 pm Link So I wanted to open this issue up again and add some more information. 2 weeks ago I called and got a hold of accounting at the Cooperation B. The person I talked to said they would look into it and message the person I talked to initially at publisher W to see what happened. She said she would try to get back to me by the end of the day. She also gave me her email to send the documents I signed to license the image, I send them right after we speak. I don't hear anything for a week so I send another email asking if she's found out anything. I don't hear anything for another week. This is getting a little ridiculous to me at this point and I'm staring to feel like they're being inactive on purpose. And this isn't a small self run business it's a major cooperation. At what point to I get mad and threaten to take legal action? It shouldn't take 2 weeks to answer and email when you say you're gonna get back to me by the end of the day. Aug 08 16 11:33 am Link Take them to small claims court. Aug 08 16 01:27 pm Link Laura Bello wrote: For future reference, ideally you'd have telephoned her again at about 4:45 that day. Aug 08 16 01:39 pm Link How much money was due you at the beginning?: $150 Remains unpaid. How much money have they stolen from you, by wasting your time with their pattern of deliberate theft, or at best, a system set up to gyp vendors like you? $250? $500? $1,000? And how much have they harmed your "street creds" by treating you as a chump to be endlessly lied to and jerked around? And what value is it to endlessly kiss derrieres, hoping to preserve "good relations" with a company and people who treat you like dirt and steal your work, time, and money.? Aug 08 16 05:01 pm Link Laura Bello wrote: Yeah - you don't - if you are going to threaten, you do it by letter in the form of a demand. Aug 08 16 05:31 pm Link You don't have language in your licensing agreement that does not grant use until payment is received in full? I would not want to work with anyone that treats vendors like that and wouldn't be afraid to upset them by reminding them that they have violated your copyright. What did their paperwork look like and what did yours state regarding usage, payment and late payment? Aug 08 16 07:01 pm Link J O H N A L L A N wrote: Can you explain this further or more simply? Sorry I've never taken legal action against anyone in my life so I'm not sure I understand. Are you saying I should simply skip saying 'I'm going to take legal action' and just contact a collection agency? Is that the same thing as a lawyer? And I don't have the money to pay legal fees so does that have something to do with your talking about having a clause that the company pays those fees? Aug 08 16 07:13 pm Link tcphoto wrote: The license was rather simple. It said what is was being used for and that I would receive a payment of $150 and a copy of the book for licensing the image for their use in the book and any promotional materia. It seems pretty standard. There wasn't any detail about when the payment would come or what would happen if they payment was late. I'm rather new to this stuff so I didn't think that needed to be included and it's supposed to be a reputable company, I assumed I would be paid in a reasonable amount of time. I even got paid right away or the other image I licensed (however the agreed upon payment was less, I donno if that's a factor) and the copy of the book. I have no idea why I'm having such trouble with this other payment. Aug 08 16 07:19 pm Link Laura Bello wrote: Well, the fact that you're still waiting for the second payment says that there's a long road ahead. Typically if one of my clients were late, I've sent them an email and they get a check out to me within a few days. Did you send them as separate invoices, or all on one? Aug 09 16 06:09 am Link A COLLEAGUE SAID: ...Not sure what these folks were thinking, but you do have to decide whether or not $150.00 is really worth it to go into small claims court for, with lawyer fees, etc. You could also take it as a note to no longer work with this publisher also,.. ================================= I SAY: Small Claims doesn't require "lawyer fees." It seems the real question here is whether the victim decides to remain cheated, or pursue the matter. Aug 09 16 09:47 am Link Laura Bello wrote: I do. And I'll tell you straight out: you are a creative person, which this so-called client perceives to be a chump. This so-called client is taking advantage of you, stealing from you, and fully expects you to go away more-or-less quietly like many other chumps, er, "creatives" have done in the past. Aug 09 16 11:45 am Link Have you spoken with someone in Accounts Payable yet ? Not likely that anyone else is in a position to issue a check. Aug 09 16 12:12 pm Link Michael DBA Expressions wrote: A perceptive and blunt post. True that many "suits" consider creatives to be chumps. (Even more contempt is shown toward women creatives.) There are many ways to persuade them to pay. But the creative has to choose whether to be a chump or not. As far as keeping good relations with the thief; who cares? Aug 09 16 12:14 pm Link I had dinner (sushi) yesterday with a part-time Small Claims court judge. (Around here, they recruit lawyers as part-timers for Small Claims.) I told him the facts and he said he's aware of a pattern of some companies making it standard practice to screw suppliers including independent contractor creative types. He said if this were in his court and the facts were clear he'd love to nuke the publisher who chooses to shaft the little guy. He also said he'd write a colorful and quotable opinion, hoping indirectly to "encourage" the publisher to be more honest in the future. He also said that although doing so would stretch his authority, he'd be willing to increase the judgment to compensate the victim for wasted time and money due to the publisher's unethical behavior. He also mentioned the fact, which occurred to me, that while $150 isn't a lot of money, letting the publisher shaft the photographer sends out a message that the photographer is a chump. Aug 09 16 06:06 pm Link Eagle Rock Photographer wrote: That's called an arbitrator, not a judge. Aug 15 16 04:14 pm Link Mikey McMichaels wrote: Maybe terms are different between NYC and LA. Or maybe the courts are set up differently. Or maybe you are unclear about what is a judge and what is an arbitrator. Out here in the West they are distinctly different roles. At any rate, both my facts and my terminology as to the part-time JUDGE and the (excellent) sushi are punctiliously accurate. BTW, I DID NOT have Fugu fish. Aug 16 16 09:57 am Link |
