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How to send large files and photos?

If a person has retained image files shot as a favor and payment on a verbal contract has not been delivered, is the photographer within his or her rights to send a notice saying 'Pay for the photos or you can't use them'?

  • I've worked with a "designer" on 3 shoots. No releases were signed, nor were any of the photo's rights put on paper to the other party. The only thing written was a release from the model put together by said designer. Now, said shoots were done as a favor (business and friends, always a bad idea). Payment terms were made verbally, and as you can probably guess if you've read this far, were never delivered. Basically, she has the raw files and no written consent or release from me to use any of them. I'd like to send a notice saying, either pay for said photo usage/rights, or she can't use them. Is this within the realm of legal reason? Or am I SOL? Suggestions, tips, comments, anything welcome. Clarification Edit: If a person has retained image files shot as a favor and payment on a verbal contract has not been delivered, is the photographer within his or her rights to send a notice saying 'Pay for the photos or you can't use them'?

  • Answer:

    Well, look at your verbal contract this way. The designer has no written proof that she has any right to use the photos. Without such proof this person is in a risky ground should a lawsuit happen. Send your notice. These are your photos and without any license to use them she is infringing on your copyright. Frankly, though, you should contact a lawyer. And always get agreements down in writing.

Todd Gardiner at Quora Visit the source

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NO matter what, if they use the images in a commercial way or for profit they will be violating Federal copyright law, verbal or written agreement or not. They won't have rights to use your work unless they have a license agreement from you.

Richard Brown

This is a legal question and as always a lawyer is needed to properly answer those.  However some advise: First, favor or not, paid or not, never work without a signed contract.  A well written one will establish and protect all the rights of those involved.  Contracts do not have to be complicated.  Even if the contract is not written by a lawyer having an agreement on paper makes enforcement much easier.  As a side note, if you are involved in a shoot that requires model releases you definitely want to establish whose responsibility it is to gather the releases in your contract. Second, more specifically to your current situation, I would suggest registering the images with the Copyright Office.  If you created the photos, and there is no contract to say otherwise, then you own all rights to those images.  Having the images registered gives you a lot of firepower.  I doubt you would have much luck suing for breach of contract.  However you may have a chance at claiming copyright infringement.

Brendan Smialowski

I do not practice civil law but I would memorialize the contract in a letter explaining that the use of the photographs were contingent on fulfilling the contract. Date and sign and keep copy.

Eric J Dirga

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