Consumer Law, Warranties Email Contract Issue

[lynnieda]

I recently sold some pictures to a major newsstand magazine in the US.. I consulted a lawyer friend to help write an email contract (which I believe is binding).

I've already sent them the pictures.. in fact, it's already been published and properly credited to me...

But what happens if the Magazine doesn't pay me the $$, thus breaking the contract? I have a feeling that they aren't going to pay up because I can't seem to get a hold of the Senior Photo Editor (The one I negotiated the contract with)...

Thank you!

 

[freebird]

I wouldn't worry about that. Do you have a signed contract from them? Even if you don't, if you have the last copy you should be able to use it to get paid. I know that some of the people here used to work in the law department of a large publication and they always used to deal with legal if there was a payment problem and it was usually handled. The bottom line is that the photos were used, they owe you the money and these larger companies aren't interested in creating a hassle, especially if one of their employees hasn't done his job. I'd send an email or fax if payment doesn't arrive within a reasonable time with a polite request for payment. If you don't hear anything then send one last reminder shortly thereafter. If you don't hear anything then, get hold of someone's info in the legal department and send them your information with a copy of the contract, the date of publication, and make mention the inability to get hold of the editor.

Remember that if you want to sell your photos again, you'd like to maintain the relationship with the Senior Photo Editor. Give the person (who may be busy) a chance to be reminded doubly and politely that they are not taking care of business!

Originally posted by lynnieda
I recently sold some pictures to a major newsstand magazine in the US.. I consulted a lawyer friend to help write an email contract (which I believe is binding).

I've already sent them the pictures.. in fact, it's already been published and properly credited to me...

But what happens if the Magazine doesn't pay me the $$, thus breaking the contract? I have a feeling that they aren't going to pay up because I can't seem to get a hold of the Senior Photo Editor (The one I negotiated the contract with)...

Thank you!

 

[lynnieda]

Thanks for your quick response!

I do not have a "signed" physical contract. We negotiated the deal via email with formal wording and parameters.

I've already emailed him twice before, and today I even left a voicemail. Hopefully he will get back to me soon.

 

[freebird]

Always get a signed contract! Doesn't always happen in business but you did the next best thing -- you have a writing that defines the terms of the agreement and you have proof that the company agreed that there was a meeting of the minds when it published the photos.

Best thing to do is to send a fax, not just email. Has it been more than 30 days? Typically there is a net 30 for payment and sometimes in companies there are delays for various reasons. Not that it makes anything right but in order not to mess up the relationship you may want to give him some room to operate because demands won't make things move faster. You understand the way it works... just it isn't always legal and sometimes more about developing the work relationship.

Originally posted by lynnieda
Thanks for your quick response!

I do not have a "signed" physical contract. We negotiated the deal via email with formal wording and parameters.

I've already emailed him twice before, and today I even left a voicemail. Hopefully he will get back to me soon.

 

[lynnieda]

Well we discussed the payment process over the phone.. He said it would take about 2 weeks to get everything processed but it's been over 3 weeks now.

I've only been asking him when the payment will arrive. I haven't been making any demands

Are email contracts binding? Does it depend on where you live (ie which state?)

 

[Michael Wechsler]

Contracts are binding especially when there has been 'partial performance' and you don't even need the e-mail. Fact is that you had an agreement and you already performed on your half of the contract. I'd give it an extra week and then start talking turkey. If you want to maintain the relationship and the amount of money isn't large, I'd continue to call once per week and insist on a written agreement before you provide them with any work and be firm about it.

Originally posted by lynnieda
Well we discussed the payment process over the phone.. He said it would take about 2 weeks to get everything processed but it's been over 3 weeks now.

I've only been asking him when the payment will arrive. I haven't been making any demands

Are email contracts binding? Does it depend on where you live (ie which state?)