Photographs used from Assignment invoice not paid

I was commisioned to do 2 shoots couple of hours each about 5 or 6 photographs were published in 2 magazines.
I invoiced them and they have not paid and are making excuses all the time.
This is a big company that publishes about 15 different magazines a month.
My question is " What is my standing with the copyright of the photographs?? I know that the copyright is mine ,But can I sue them for infringment of this copyright as they have not paid but they have used them (16 months allready) since I invoiced."
I would appreciate any advice I can get.
Thank you
AVI

AVI, I'd recommend that you contact them one more time and notify them that this will be followed with legal action.

Avi, I assume you have a signed contract with them? I would do what Mel said, then have a lawyer sent a letter of intent to sue.

Often times a letter from a lawyer is enough to get the ball moving.

If you use a lawyer, I would add his/her fee to the invoice! Good luck.

Was this an American company? Under some conditions you actually don't have copyright to the work (e.g. if the contract stated that it was "work made for hire").

Guy

One other thing: When you invoiced them did you stipulate the payment terms?

16 months and no payment and they are using the images. This sounds like lawyer time to me. If it was work for hire yo may only be able to get them for non payment, but I would try for the copyright infringement argument as well.

Good luck and keep us posted.

The magazines I submit to typically pay only on publication date. If you are past that, you are looking at taking them to court. By any chance are they within easy driving range that you could go to their office and bug them?


Kent in SD

What exactly was the agreement? If it was an assigment, then usually they pay your hr. rate and expenses, then they get to publish the images as much as they want. If you are getting paid for only the images published, then the others are right, payment is due upon publication, which usually means a month or two AFTER publication. If it has been 15 months since publication than you need to find a attorney and have them write a letter. Good Luck.
Carl

I'm pursuing a copyright infringement litigation because of an unpaid invoice, but my invoice clearly states that usage rights are not granted until payment is received.

Good luck!

I've sued a large company for patent infringement before. It is very expensive. It can cost half a million and take years to get to trial. To start a lawsuit you can expect to pay a retainer to your attorney probably in the $20,000 range... and it just keeps going up. In the end I won as we settled out of court, but still I spent close to 50 grand. If they owe you only a few thousand dollars take them to small claims court. You'll be a lot happier in the end. Just my 2 cents....

In my situation, the attorney took the case on contingency. She will receive a portion of any settlement, but I'm not paying anything by the hour. Obviously you need a pretty strong case with some good upside for an attorney to accept such an arrangement.

I hope your images were registered.