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SportsShooter.com: Member Message Board

Anyone dealt with this guy? Mick Magsino/Elevation Photos
Chuck Liddy, Photographer, Photo Editor
PLANET | EARTH | | Posted: 1:21 PM on 11.19.13
->> Wanting to know if anyone out there in SS land has had dealings with this fellow and his company. Either respond to this thread or email me and let me know what his deal is.
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Jonathan Roberts, Photographer
Louisville | KY | USA | Posted: 3:18 PM on 11.19.13
->> Chuck,
It looks like he's had a history here on SportsShooter:
http://www.sportsshooter.com/message_display.html?tid=41797
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Chuck Liddy, Photographer, Photo Editor
PLANET | EARTH | | Posted: 2:28 PM on 11.21.13
->> So the reason I asked this question? This is one of the best resources SS can and should be used for. It seems these guys (see other thread) are brokers who hire freelancers for corporate shoots. they micromanage (phone calls, emails, texts) everything until they receive the photos...then they totally disappear. I have three friends who have been burned by them. And after getting several emails from other members it turns out the same exact thing happened to them. Please beware of accepting any jobs from these guys. I mean we all have had clients who might have been long or late in paying....but this guy is flat out stealing from other photographers. we need to be vigilant in our community to call low lifes like this out.
 This post is:  Informative (7) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Ian L. Sitren, Photographer
Palm Springs | CA | USA | Posted: 9:53 PM on 11.21.13
->> "This is one of the best resources SS can and should be used for."

Chuck I agree. Once upon a time, companies could get away with this stuff because the likelihood of the news getting out to a wide audience was slight. Now we can reach our community very quickly.

On the ASMP message board, someone somewhat recently started a discussion about the problem collecting from a specific magazine. Immediately others came on and stated that they have had significant problems with the same magazine. I believe more than one person went out of pocket for their assignment only to get stiffed.

What is especially sad is that I remember this magazine being discussed for the same reasons on one board or another some time back.

Personally I do what research I can before I agree to an assignment from a new client. And I do not provide financing which is what you are doing when you spend your money to provide them with photographs. If they need financing, let them use their credit cards. There is an up-front payment or I do not work. The exception is only clients that have a strong track record with me.
 This post is:  Informative (1) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Chuck Liddy, Photographer, Photo Editor
PLANET | EARTH | | Posted: 10:16 AM on 11.22.13
->> Ian, thanks...that's a great idea. Unfortunately my colleague had never been swindled like this by anyone before...I have suggested they go to the corporation the job was shot for and out him there also....the more his name is passed around as a thief the better off all of us will be.
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Bradley Leeb, Photographer
Champaign | IL | USA | Posted: 11:19 AM on 11.22.13
->> I think a great addition to "The Guide" here would be an area where we could list clients and what our experiences with them have been such as timeliness of payment (or payment at all) etc.
 This post is:  Informative (1) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Ian L. Sitren, Photographer
Palm Springs | CA | USA | Posted: 1:51 PM on 11.22.13
->> Thanks Chuck!

I do not understand the business mindset of so many photographers. Working for almost nothing, putting yourself in the position of begging for your money, financing your client. From front to back makes no sense. And nobody stops it.

One example of what I do. I just had a company want to license a photo and told me they pay $125. Low for what they wanted but I told them $250. They balked and I expected they would pass. Sometimes I win and sometimes I do not. But I established for myself and the next photographer that "clients" just can't always low ball and get what they want.

I have "taught" my way of standing my ground on pricing to others and for the most part people have won financially more than they have lost. I know at least one guy here who walked into a pretty hefty 5 digit fee for a one photo license because at my urging he stood his ground.

I remember very well in the documentary "Helmut By June" Helmut Newton telling someone on the phone that if there wasn't $10,000 in it (a shoot) it wasn't worth his time. I am guessing that may have been in the late 80's or early 90's.

Your mileage may vary but there is a lesson there.
 This post is:  Informative (1) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Mark Peters, Photographer
Highland | IL | USA | Posted: 2:56 PM on 11.22.13
->> Chuck' s suggestion to call the Corporstion raises an interesting question for me as to whether one can essentially file a mechanics lien on the work product delivered to the end user.
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Mark Peters, Photographer
Highland | IL | USA | Posted: 3:01 PM on 11.22.13
->> Another variant of "contact the corporation"... Would it be prudent to include language in contracts that licensing is contingent upon payment and usage rights revoked if payment is not received by x date? Thus, if payment is not received, could it not be handled as a copyright infringement case? This would seemingly allow for an infringement action against the corporation which is displaying the images, which it turn would result in them pttuing pressure on the intermediary to make payment.
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Ian L. Sitren, Photographer
Palm Springs | CA | USA | Posted: 3:26 PM on 11.22.13
->> Mark, there would be no such thing as a "mechanic's lien" on something like this, certainly not at least in California.

The idea of making payment part of the license agreement as part of a copyright infringement is done by many. However the enforcement of a copyright infringement has significant hurdles to prosecute in Federal Court and is just not practical in any sense unless there is substantial money involved, very substantial, and you are in a position of perhaps paying many thousands of dollars out of pocket to pay the costs associated of such a litigation.
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Mark Peters, Photographer
Highland | IL | USA | Posted: 3:58 PM on 11.22.13
->> My thought is not so much in the vein of collecting on the infringement as it is leveraging the end user's clout to resolve the issue as they become the infringing party if the license is void. If their legal group was to receive an infringement notice that describes why their license is invalid I would expect one of their first actions would be to contact the person that provided their content and tell them to remedy the situation.
 This post is:  Informative (1) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Richard Uhlhorn, Photographer
Chelan Falls | WA | USA | Posted: 4:21 PM on 11.22.13
->> I agree with Ian on the "mechanic's lien." As for a copyright infringement case, he is also right. One can only hope if you threaten one, the client or infringer will pay up without the cost of court.

Of course not everyone has a substantial case like Chase Jarvis did against K2 which he won.
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Cy Cyr, Photographer
Orlando | FL | United States | Posted: 10:34 PM on 11.22.13
->> I just emailed this jokester. I'm not impressed with the SS.com comments in the last few days.
 This post is:  Informative (0) | Funny (0) | Huh? (3) | Off Topic (0) | Inappropriate (0) |   Definitions

Debra L Rothenberg, Photographer
New York | NY | USA | Posted: 2:36 AM on 11.24.13
->> send your images off and have them copyrighted, and sue this jerk. I, too,have received emails from people recently asking about them. ALL should do this ASAP.
I had to do this with someone once and they paid immediately. Lucky for them as I sent the images off and was ready to take whatever action needed. This guy keeps doing this because he is finding people that won't fight the fight
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

Sam Santilli, Photographer, Photo Editor
Philippi | WV | USA | Posted: 11:08 AM on 11.24.13
->> CY...please expand on your comment above. Thanks, Sam
 This post is:  Informative (0) | Funny (0) | Huh? (0) | Off Topic (0) | Inappropriate (0) |   Definitions

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Thread Title: Anyone dealt with this guy? Mick Magsino/Elevation Photos
Thread Started By: Chuck Liddy
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