Do you think its fair...?

I've been taking photos for a band over the past 4ish months, and I am a pretty sereous photographer, i shot a sony DLSR camera, which ovbveously cost me a decent amount. Anyways, I've been taking photos for this local band since thier first concert, and there all pretty good photographs, they usually put them up on thier band myspace, and havent mentioned me once on the photos and on thier main page. At first i was doing it for experience, but now the band has been paid to play and thats fine, but they said from the start they would eventually pay me, and they didnt, which didnt bother me to much, but now thier first CD is coming out in like a week, and they wont give me any cut ofthe$, they wont even give me a copy of it. I've shot over 1k photos, and spent a total of about 30hours at the shows, photo editing, and drive time of about 40min, which is killer on gas money. Do you think it would be fair for me to start charging them to take pictures?? idk, its just gettin to me a lil....

Do you think its fair...?

You did not have a contract and your fee was what eventually they thought you and your images were worth. What apparently you don't know, is you own the copyright to those images and they have to pay for their use.

That said, once they use your images without your permission, then you can send them an invoice for the use of the images and wait. Each 30 days send them a new "past due" invoice until you have a nice stack of unpaid invoice and late notices. Then with a CD of your best work, plus any images they have published without your permission, file a small claims action against them for a bad debt ($5,000 or under).

You can strengthen your case by actually filling out the paper work and sending a DVD of all the Best of the Best of the over 1,000 images to the copyright office. Armed with copies of those documents, a copy of the DVD you registered with the copyright office and a copy of the images they used without permission, you should be able to recover some of your loss of income due to their unauthorized and unpaid usage.

I typically get $300 to shoot a gig. Depending upon the usage of each image, I get a fee. ($40 per image on a website for one month, $60/image for three months and $100/image for one year.) CD covers are $1,000 and up for 100,000 units.

Do you think its fair...?

Well, first, if you shot the pics, they belong to you.

As for fair, yes it is. You did the very first thing they tell you to NOT do in any business course.

You dont do business without a written agreement.

Live and learn.

Do you think its fair...?

It's generally expected to give credit to the photographer when posting the images. Create a document that the bands must sign stating the proper use of your photographs (and lack of ability to reproduce or distribute the images w/o your permission) and do not provide them with the digital files or proofs until your copyright or logo appears in the image.

Do you think its fair...?

This day forward tell them you would be more than happy shot but now it's time for compensation if they don't know what is tell MONEY no more freebies. Also try and get model releases before you talk about money. That way you own the picture not them. Next time you shoot some one get the release first.

Do you think its fair...?

Unless you signed a copyright release, the photos are your property.

Do you think its fair...?

You should of made them sign a release form.

And yes, make them pay.

Do you think its fair...?

and that's what experience is all about isn't - learning what to do and what not to do. Kind of stingy of them - not even giving you a copy of the CD - if they are they using some of your photos I guess I'd do what fhotoace suggested. I think it would get to me too - not even giving you credit for the photos - that's just rude.

Do you think its fair...?

Write a letter that they cease and desist using your images on their MySpace or any other place.

While I do not feel they should give you a part of the CD money (having a CD often means losing money), I think photo credits, a free signed CD and money for future shoots is appropriate.