Paper stole my photo

Benmann · 03-07-2023 12:14pm #1

A newspaper published a photo of mine without asking me or giving credit or payment. I contacted them and they said they would pay. But 5 weeks later they haven't. It is only a small payment but the principle matters to me. How can I get the payment and cover any expenses. if I go to a solicitor can I charge whatever I want for the photo,to cover legal costs. I told them I would accept their rate as it is only the principle that bothers me because I had previous asked if they paid for photos and they said no. So they knew I want payment for any photos published

MikeCairo78 · 03-07-2023 12:28pm

https://www.boards.ie/discussion/2058303478/paper-stole-my-photo

Have you invoiced them ? Normal payment terms are 30 days from invoice

Benmann · 03-07-2023 12:50pm

https://www.boards.ie/discussion/comment/120799149#Comment_120799149

Yes i invoiced . When I contacted them they said send invoice.

Normal payment terms are 30 days from invoice I wonded could it be different period of time

Claw Hammer · 03-07-2023 1:19pm

If no time is stipulated, you can charge interest under the late payments directive after 30 days. You won't get solicitors costs unless you issue proceedings.

The best thing to do is call round, early and often.

Benmann · 03-07-2023 3:27pm

https://www.boards.ie/discussion/comment/120799473#Comment_120799473

Do you have to be in business for that interest thing and what is the%. Just curious, I am not a professional photographer, I just take some photos and had a few published. Could you issue proceedings without a solicitor. The payment is very low but I don't want paper stealing from me. If I want the paper I have to buy it.

Claw Hammer · 04-07-2023 9:18am

It is a commercial transaction so the interest rules apply. You are selling a photograph. You can issue proceedings without a solicitor but you clealry don't know how to do it so you would make a mess of it.

Threaten the Press Council, call around to their offices and demand to speak to the MD. Email the MD. Contact a rival publication and tell your story.

Mrs OBumble · 04-07-2023 10:12am

https://www.boards.ie/discussion/comment/120800143#Comment_120800143

You are in business, as a sole trader.

Benmann · 05-07-2023 6:02pm

https://www.boards.ie/discussion/comment/120802649#Comment_120802649

I don't think the Press Council applies to photos. In terms of a rival publication the fee is very smal lhey may not be interested. I don't care about the fee only the principle because I had previously asked if they paid for photos and they said no. They knew I do not give away my work

elperello · 05-07-2023 6:13pm

How did the paper get your photo ?

Jim_Hodge · 05-07-2023 6:14pm

https://www.boards.ie/discussion/comment/120810442#Comment_120810442

Not for business to business you can't. And this is B2B.

Why do people suggest the Small Claims Court when they don't even know what it is to be used for.

09-07-2023 8:29pm

https://www.boards.ie/discussion/comment/120810481#Comment_120810481

You are mistaken. Since 2010, the Small Claims Court can be used for both business and consumer claims. The OP's claim probably doesn't fall under their remit, but only because the claimant is not the purchaser in this instance, not because it's B2B.

The Small Claims Court deals with the following types of claims:

a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)
a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)
a claim for minor damage to property (but excluding personal injuries)
a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives

https://www.courts.ie/small-claims-procedure