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by Scott Linstead on Fri Oct 26, 2012 8:42 pm
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OntPhoto wrote:
wynpotter wrote:
Even something as abstract as a Mechanics lien against the people that buy the use of Scott's work for their publications. The end product is to make the agency loose revenue by adverse publicity. Wyndham

I'm not sure how many nature magazines there are in North America. Not even thinking about Europe and elsewhere. I suppose one could contact these magazines and tell them the story about what's really going on....that the photographer is not being paid. Will they still buy the images from the agency? What if down the road the photog is able to sign with another agaency.....would these same publishers shy away from the particular photographer's work because of the controversy?

Is this particular situation being discussed elsewhere on the web in more detail? A site where all the affected photographers get together to discuss what's happening with the agency?

There are literally hundreds of photographers affected and surprisingly they are very quiet about it. The agency also pays off small bills owed to the majority of the smaller earners so there are less individuals to complain. As for magazines or institutions like NG, standing up for the rights of photographers is very, very far from their mandate.

by Blck-shouldered Kite on Sun Oct 28, 2012 1:09 pm
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I understand your pain Scott. Thanks


by OntPhoto on Sun Oct 28, 2012 5:26 pm
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I am wondering what is the wording of the clause that keeps your images under their control even though they are not paying you for them? Is it worded in such a way that it is easy to overlook? Sharing it may help others to look out for similar type clauses. Any contract that would allow a company to sell your images and not pay you for them is a deceptive one. Let alone still bind you to the company.

by Robert Sabin on Wed Dec 05, 2012 12:36 pm
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In Life You do not get what You Deserve, You Get what You Negotiate.
To expect others to have and behave in the same high moral and ethical standards as yourself is an invitation for disaster.

Scott Evidently Signed Off on an unfavorable to him agreement.

Once Bitten Twice Shy.

Scott remains a great photographer, and this does not detract from from his work, and in fact is an off-handed-compliment.

Robert Sabin

by Carolyn E. Wright on Sun Dec 09, 2012 11:42 am
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Since Scott mentioned a Dutch lawyer, it appears as though the applicable law is for the contract is the Netherlands. However, since Scott is in Canada, it may be worth speaking with http://www.capic.org/how-to-contact-capic to see whether a Canadian lawyer can help him. In the U.S., we have volunteer lawyers for the arts organizations who can help photographers at a reduced or no cost.

fyi - if you see the words "copyright transfer," "exclusive," or "work for hire/work made for hire" in an agreement, be sure that you know how those will affect you before signing it! It's always best to have termination clause in an agreement -- most things don't last forever.
Carolyn E. Wright, Esq.
Retired Lawyer for Photographers and NSN Moderator
Photo Attorney® at www.photoattorney.com

by OntPhoto on Tue Dec 18, 2012 7:33 pm
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Good info and advice Carolyn.

by ashleyverna on Wed Feb 06, 2013 7:29 am
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Sad story but the image is stunning. Thanks for letting know.

by OntPhoto on Sun Feb 02, 2014 12:59 am
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End of a nightmare, finally?



by Primus on Tue Feb 11, 2014 1:23 pm
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Great photos Scott. My sympathies.

With apologies to the lawyers on this board, it seems to me that a clever attorney can create all sorts of trouble. Even when it is obvious to a five year old  that one party is guilty of misconduct/fraud or equally important, innocent of the accusations piled upon him/her, the outcome may be completely unexpected.

Having been at the receiving end twice, I can tell you that often the case never gets to court or is settled outside of it simply because it costs just too much to fight for what is right.  When the legal fees begin excee the expected compensation you have no choice but to back off.

It's no wonder big corporations get away with it so often.


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