What should I do?

padocon

Hi all,
Someone has recently asked me if they can develop & display one of my photos, for a price. I agreed and sent them an email stating the payment & gave them "Right to use it for purely non-commercial purposes". I asked if they agreed.

They emailed back and said that they did agree & they were glad it was put in an email so there would be no disputes. A the end of the email there was a disclaimer & the very 1st line was:

Unless otherwise expressly agreed in writing, nothing stated in this communication shall be legally binding

This means any communication threw email is rubbish.

So know I am going to put the photo on a disk. When they hand the cash I hand the disk. No problems.

Supposing they then say its there photo. I have no proof I took it. What leg do I have to stand on?

Thanks in advance for your help!

Martron

i remebr a thing i heard about people writing scripts that if you post it to yourself you have a record of you having it before the other person which would prove it was not theirs at least.

padocon

Martron wrote: »

i remebr a thing i heard about people writing scripts that if you post it to yourself you have a record of you having it before the other person which would prove it was not theirs at least.

Post as in? The mail? Email?

calamative

snail mail and keep the proof of postage

decimal

Send them a letter (include thumbnail of photo), get them to sign it and post it back.

MagicMarker

Or tell them you will have it printed yourself? No need to give them a digital copy.

Or just put the agreement in writing?

Rb

Print it and get a picture of you holding it and a copy of a daily paper with the date visible?

gary82

Rb wrote: »

Print it and get a picture of you holding it and a copy of a daily paper with the date visible?

This method always puzzled me. If I claimed to have done something last week I could do it now and get my picture taken with last weeks newpaper? Just proves that picture wasn't taken before that date surely? But could be taken any time after...

MagicMarker

gary82 wrote: »

This method always puzzled me. If I claimed to have done something last week I could do it now and get my picture taken with last weeks newpaper? Just proves that picture wasn't taken before that date surely? But could be taken any time after...

That's why you hold the receipt up next to the paper, duh!!

CabanSail

Do you have the RAW file? If so then they will just have a Jpeg copy that will prove that you have the original (this is one of the advantages of RAW files)

You could provide them with a lower resolution file than the original.

There is software which will embed copyright information into the image.

eas

AFAIK email is considered a legally binding form of contract in Ireland. So, would this be like me painting "not bound by speed limits" on the side of my car?

Fajitas!

First of all, and just to clarify - Who wrote the legal-speak at the end of the letter?

Secondly, why don't you print it yourself - not only can you ensure the quality is up to your standards, but the image won't be reprinted too.

DaireQuinlan

Martron wrote: »

i remebr a thing i heard about people writing scripts that if you post it to yourself you have a record of you having it before the other person which would prove it was not theirs at least.

Rb wrote: »

Print it and get a picture of you holding it and a copy of a daily paper with the date visible?

thirdly: Don't rely on internet forums for legal advice :rolleyes:

padocon

CabanSail wrote: »

Do you have the RAW file? If so then they will just have a Jpeg copy that will prove that you have the original (this is one of the advantages of RAW files)


You could provide them with a lower resolution file than the original.

There is software which will embed copyright information into the image.

Yea but isn't there ways to change that embedding? I wasn't shooting on RAW at the time.:(

eas wrote: »

AFAIK email is considered a legally binding form of contract in Ireland. So, would this be like me painting "not bound by speed limits" on the side of my car?

Yes but the disclaimer by them makes everything I said rubbish.

Fajitas! wrote: »

First of all, and just to clarify - Who wrote the legal-speak at the end of the letter?

Secondly, why don't you print it yourself - not only can you ensure the quality is up to your standards, but the image won't be reprinted too.

They did, they wrote the disclaimer at the end. They know a friend who has a printers & they are getting it done with him. Its easier because if I am landed with loads of prints that they won't accept.

padocon

DaireQuinlan wrote: »

thirdly: Don't rely on internet forums for legal advice :rolleyes:

If I had to see a solicitor he would charge at least half of what i'm getting!

gary82

decimal wrote: »

Send them a letter (include thumbnail of photo), get them to sign it and post it back.

Best advice so far I think. Include a SAE so it's effortless.

Surprised to hear emails are accept legally in Ireland... it's just a digital record which can actually be quite easily created. I can send you an email coming from "your" address in a matter of minutes... so don't see how it can be legally binding.

CabanSail

You could look at a system like Digimarc. I have not used it but it sounds like the sort of thing that would help you.

eas

gary82 wrote: »

Surprised to hear emails are accept legally in Ireland... it's just a digital record which can actually be quite easily created. I can send you an email coming from "your" address in a matter of minutes... so don't see how it can be legally binding.

Can you think of a situation where you sending me an email from my email address would entice me into entering into a contract with myself?

This was said to me in a small business course, I have no idea of the complete legal aspect. But apparently yes, an agreement entered into over an email or a course of emails "can" be considered a legally binding contract.

gary82

eas wrote: »

Can you think of a situation where you sending me an email from my email address would entice me into entering into a contract with myself?

No but if you used my image I could produce an email coming from you saying if you ever used my images I'd own your house!

eas

And you would be confident that no one could trace the email back to you or that I could not prove it didn't come from me?

Borderfox

Print them yourself and keep control

padocon

decimal wrote: »

(include thumbnail of photo), get them to sign it.

Did that, they had no problem signing it.