Payment / Invoice

[jamiek]

Hi,

Just wondered what is the norm for recieving payments from clients you are doing work for?

Is it do the work send the images then invoice them, or invoice them first and get payment then do the work or get a deposit and do the work then invoice for the remainder.

Thanks

[Kirk Gittings]

old clients-unless it is a shoot that has unusual overhead-do the work ship it with invoice.

new clients-get a deposit-do the work-ship the stuff with the remainder invoiced again.

[jamiek]

Thanks makes sense,

But I guess if a client does not pay, then there is not much you can do? As the cost of a lawyer is going to be more than an invoice in most cases?

[Kirk Gittings]

If you were that worried about a client paying then you probably shouldn't have touched the job with a ten foot pole to begin with. trust your gut feeling about this. Look them up online. Are they for real?

Make sure the work is copyrighted. Then if they don't pay and use the stuff you can also go after them for copyright infringement.

BTW In 32 years I have only had a couple of clients not pay totaling about $650.

[jamiek]

I am not worried at all about anyone but as a new freelancer I wanted to make sure I was doing thing the "correct" way.

How do you work the copyright?

As I usually say to clients copyright stays with me but you may do as you please with the images.

One instance of late where a I was shooting an installation in a building, but the building was from a different company and they wanted copies of images also. What do you suggest in this situation. I simply said if its OK with whose paying me sure..

[Henry Ambrose]

Go to copyright.gov - they tell you how to register your work on-line and its pretty easy. You hold copyright even if you do not register but registration does one thing that can be helpful later if there is a problem. It provides for significant "statutory penalties" for willful infringement of your copyright. There's more to it than that but that's the big part.

Every job you do should involve at least a simple contract. Do not do work unless an agreement is on paper and signed by you and the customer.

Violate this rule at your peril!

To answer your question about the customer stiffing you -- part of the contract should state that any use of the photos before payment is a willful violation of your registered copyright. But there is lots more to have written on paper.

In that last instance unless you either sold the pictures to the client and had some agreement to limit your sales the pictures are yours to sell use as many times as you want. "Sold to the client" means literally that - you sold the copyright. Don't do this. Sell them the use they want, keep the work as yours.

[Henry Ambrose]

"As I usually say to clients copyright stays with me but you may do as you please with the images."

Do not do this - sell particular uses. Make sure it fits their needs but don't give away the store. If they need the photos for promotion then state that use in the contract as what you are selling them. Name each thing you are selling. Make it clear. Again keep in mind that if you get too heavy handed your customer will revolt. Write down all their desired uses and then set a price that gets the job and leaves them happy with you.

[Greg Blank]

I invoice on completion, of course most of my editorial clients are established with me.

Weddings however, I always get 50 percent up front,w/balance on the day I hand over proofs-CD disk. If there were no issues with the first payment like a bounced check, I then accept a check payment -otherwise its cash or certified check.

The bigger question with corporate clients is how long to give them to pay. Usually if someone fails to pay within or shortly after 30 days Net, I start by sending a second invoice. Which usually gets me paid "stating past due on the second invoice".

I sued a company once for copyright infringement and ultimately won judgement however in order to collect you have to collect in the jurisdiction of suit, which is where the defendant resides. I was part of a large group of pphotographers suing the company and the lawyer retainer was 50K.

I was glad we won on principle alone. As for collecting the judgement, well at least I had recieved a copy of the final published work....hard bound with a notable author doing the book intro.

Hi,

Just wondered what is the norm for recieving payments from clients you are doing work for?

Is it do the work send the images then invoice them, or invoice them first and get payment then do the work or get a deposit and do the work then invoice for the remainder.

Thanks

[Henry Ambrose]

The contract could state something like:

"This Agreement shall be governed by the laws of the State of XXXXXXX. Courts of the State of XXXXXXXXXXXX shall have exclusive jurisdiction and venue."

Or whatever best suits the situation. If the client is out of state you'd want something different. Hire a lawyer in your town and get some help.

A copyright action might ought to go to your U. S. District Court. That'll get 'em about where ever they are.

Again, this is worth hiring legal help and following their directions.

But you have to keep it pretty simple or your client will run away.

[shadow images]

I have always found that if you use your head you can tell most of the time if they will be a paying client. If your in doubt get a deposit that covers your costs. Like Kirk I have more than one way I bill clients based on who they are.