Magda Kulpinska wrote:
Fast forward to today: a friend sends me the same photo now advertising.... The newly opened Flagship store in Paris.

Now, to be honest I'd dropped the case a few months ago because I thought I should have just questioned signing that second contract the client gave me; that it was basically my bad and that I had acted stupid. But now I'm somewhat pissed off - this new store looks really nice and expensive and a campaign like this is more in the range of 2000-4000€ than 200€+800€ services.

Would you move on or try to do something about it? I know my agent doesn't want to lose the client but he can't forbid me to post this on my social media channels... I have quite a following and it would certainly stir shit up. But is worth it?

talk to your agency and have the re-negotiate the amounts again. tell them & the client you will have to see a lawyer about options if they don't fix it.

the client and your agency have a relationship. the client should have realized that they were taking advantage. besides, you don't sign anything unless the agency has pre-approved it before the shoot. that was a royal screw up that should not happen with an agency deal. the agency should push harder on it.

Magda Kulpinska wrote:
So here's my issue:

Last year I was booked by my agency to shoot an editorial for 200€ for XYZ brand. There was a contract saying the pictures could be used only
for this purpose.

Fast forward to a few months ago: a friend sends me... A picture from this editorial that is now being used as a campaign in the Flagship store of XYZ brand. I contact my agent, he does some research and he says that the client told him I'd signed another contract the day of the shoot saying I was giving up all rights to the photos. Now this is where I totally screwed this up: when I signed I didn't properly read it (it was in French) and I thought it was the same contract my agent had sent me earlier. My agent is angry with me and outraged the client did that. He obviously doesn't want to argue with him, but manages to negotiate 3 free services for me with that brand (total worth if I had to pay for it: about 800€).

Fast forward to today: a friend sends me the same photo now advertising.... The newly opened Flagship store in Paris.

Now, to be honest I'd dropped the case a few months ago because I thought I should have just questioned signing that second contract the client gave me; that it was basically my bad and that I had acted stupid. But now I'm somewhat pissed off - this new store looks really nice and expensive and a campaign like this is more in the range of 2000-4000€ than 200€+800€ services.

Would you move on or try to do something about it? I know my agent doesn't want to lose the client but he can't forbid me to post this on my social media channels... I have quite a following and it would certainly stir shit up. But is worth it?

Bonjour mademoiselle,               

I'm so sorry to read this--I would consider writing to your agent again and thanking for their help. I don't know French law and really don't want to know it all, however, there is a principle in British colonial law that was established in a remote part of their empire. Land dealers approached chiefs, negotiated and then got them to sign a contract, which was an X. A judge in another colony, another country, where the land court was based, invalidated the contracts, on the grounds that the chiefs couldn't possibly know what they had signed--this was an 1820s decision.

Look to see in French law, the rulings on contract deception. Particularly, the presentation of a written contract that differs from what was finally orally agreed. You may then wish to seek counsel. I would the research for you in French but I have client editing work to do.

WisconsinArt wrote:
Sounds like a great addition to your resume. Make it pay off with future gigs.

Thanks for seeing the positive side of things but no, campaigns don't usually book other campaigns.

Thanks for the input guys. I definitely won't commit the same
Mistake again!