usage rates/copyright

[juliet7819]

What is the name of your state? IL
I used to work on a freelance basis as a wedding photographer for a larger photography company. The deal was that I would photograph a wedding for a fixed rate to pay my "creative fee", and then I would later be paid a "usage rate" of 5% of the resulting sales that were made from the photography.

The problem is that after shooting for the company for a year they have decided that we no longer get along and that they are not going to pay me the 5% usage commission on any of the photographs I made. I have since warned them that they are in breech of copyright laws by selling these photographs without my consent annd that my consent would be granted upon payment of the 5% we previously agreed to.

It is my understanding that unless they can provide me with a document that says I sold my copyrights to the images to them that I can sue for $1,500 per image. is this true?
there was no contract for work for hire. i have never signed any ccontract with them. can't i claim copyright infringement on any use of my photographs for profit which they do not have a signed contract for? does the initial agreement of 5% of all sales come into play here sine they haven't ever paid it?

they

 

[ChicagoLawyer]

are the copyrights registered? and if so, who registered them? You can only claim statutory damages as provided by the Act if the copyrights are registered. Even then, you may be limited to actual damages alone.

As far as the 5% is concerned, sounds like you have a breach of oral contract claim, not necessarily a copyright claim for that.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship.

 

[juliet7819]

the pictures are not registered. i could register a significant amount of the photographs before he sells them.

the main question i have here still remains though... isn't it true that he is not allowed to sell images that i hold a copyright to without my written consent?

the 5% seems not to matter being that no one is allowed to sell anyone elses images without a contract. correct? the only reason i brought up the 5% is that i would be willing not to sue him if he would pay upon our initial agreement.

as a general copyright question... doesn't the person who is selling images he did not create need a signed contract from the creator that states the sales are allowed?

 

[ChicagoLawyer]

"isn't it true that he is not allowed to sell images that i hold a copyright to without my written consent?"

Generally speaking yes, that is true and their use and sale without consent is an ifringement.

Their failure to pay the 5% is what gives rise to the breach claim i alluded to. Since you said that you would take the 5% as consideration for your release of copyright claim, they stand in breach. It is a license agreement, really, which is just a species of contract, and there is a possible breach for failure to pay.

In otherwords, it sounds like you contracted away the photos and your rights to them for the 5%. They have not paid, so they are in breach. You can enforce the agreement and seek your 5% or try to claim that it is terminated by their failure and seek your photos/copyrights. Make sense?

Again,


This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship.