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Advise...who is responsible

Discussion

8 replies
Posted by Kate Silvia on March 13, 2013 at 4:54 PM
Hello folks,

I've had a bunch of stock slides under contract with a publishing company since 2007. The company went bankrupt. The slides were supposed to be returned. The only communication I ever received is a notice of settlement regarding the dissolution of the company which had little to do with me but was for the employees of the company. i received this about 3 weeks ago. Apparently, after communicating with the editor of the new publishing company who took over the magazines...my slides were in fact sent back...but to the wrong address. They went to my old address...LAST JULY!!! The owners of my old house SIGNED For and Accepted the slides. I'm just finding out about this now. So...who is responsible for this? The old publishing company who sent the slides to the wrong address no longer exists. I have no idea what the owners of my old house did with the package of slides. Probably threw them in the trash! But I don't know that. And before you ask...no...they were not registered with the copyright office. I was a newbie at the time...didn't know I needed to do that. I'm not really concerned about the loss...I have duplicates and scanned most of them to digital format anyway...but I don't like them being "out there" and not knowing what happened to them. Is there some "form" regarding demanding the return of my slides from the homeowners...assuming they even have them after all this time. I have no idea if there's anything I can do...strange situation.
Posted by Richard Ditch on March 13, 2013 at 6:56 PM
It sounds complicated enough that you almost surely need a lawyer if you want to follow up on this. If the people who signed for receipt of your package received them from the USPS then you might have something to work with, but I'm just guessing about that.

How many slides were in the package? Do the slides have your name and details on the mount? Are you worried that the people who now have them might try to publish them and claim them as their own? Is it the financial aspects that bother you or the potential misrepresentation of who made the images? What was the quality of the older work compared to what you are producing now? How much money are you willing to spend on legal fees trying to recover the slides?
Posted by Buck Ward on March 13, 2013 at 8:37 PM
Have you tried to contact the folks that received the package? They may still have them and be happy to return them to you. You won't know if you don't ask.
Posted by Preston Birdwell on March 13, 2013 at 8:46 PM
I agree with Buck. This would be the first step I would take in a situation like this.

I hope it works out for you, Kate.

--P
Posted by Kent Staubus on March 13, 2013 at 8:50 PM
If it were me, I'd drive over to my old address some weekday evening and talk to the folks that signed for the slides. Simple enough?


Kent in SD
Posted by Kate Silvia on March 13, 2013 at 9:08 PM
Thanks gang! I'll try to contact the owners. That's a nice idea Kent..but Illinois is a bit of a jaunt from Charleston SC. A little too much trouble I think!! :jump: I'll call one of my old neighbors and see if I can get the new owners phone number...not something the realtors are willing to release to me. Thanks a bunch folks!
Posted by Catherine Reilly on March 14, 2013 at 12:16 AM
What a mess. Good luck on this, Kate!
Posted by RL Potts on March 14, 2013 at 1:45 PM
What became of the scans the company made from your slides?
Posted by Alain Briot on March 16, 2013 at 1:00 PM
I sympathize with you Kate. Over the years I've lost artwork and slides several times when dealing with both stock agencies and galleries. Most of it was never recovered. This has led to my decision to not work with galleries or stock agencies.

Not working with galleries or stock agencies proved more fruitful than wasting my time trying to find out where my work went and tryint to get financial compensation for what was lost. Taking care of my destiny has changed my life.