p.27 #2 · Gameface media - heads up on getting paid
If you register your photos within 3 months you can sue for significantly greater damages. However, even if you haven't registered your images, you still retain copyright and you are entitled to fair market value for each one. Multiply that out by the thousands of images that we take at many events and it can still be a decent amount to go after. Of course Lavallee said in his February email that everyone would be paid in full by April, and here it is June next week!
p.27 #3 · Gameface media - heads up on getting paid
poppyphoto wrote:
If you register your photos within 3 months you can sue for significantly greater damages. However, even if you haven't registered your images, you still retain copyright and you are entitled to fair market value for each one. Multiply that out by the thousands of images that we take at many events and it can still be a decent amount to go after. Of course Lavallee said in his February email that everyone would be paid in full by April, and here it is June next week!
What is fair market value of free? The problem is FMV isnt worth the amount of bringing suit in federal court. Expense outweighs the reward. PPA is trying to change this with lobbying to allow small claims to allow copyright claims locally. We all need this to happen so have any recourse with issues like these.
p.27 #4 · Gameface media - heads up on getting paid
Without Statutory damages - the fair market value of your photos has already been established - it was the promised pay they were going to give you.
But even if you won a judgement in court - you would still be back to square one - collection.
Courts don't collect for you - you still have to do the collections on any awards on your own. So you are back to square one - waiting for them to pay you your original amount - this is after you pay out of pocket to your lawyer first.
FFPShooter wrote:
What is fair market value of free? The problem is FMV isnt worth the amount of bringing suit in federal court. Expense outweighs the reward. PPA is trying to change this with lobbying to allow small claims to allow copyright claims locally. We all need this to happen so have any recourse with issues like these.
p.27 #5 · Gameface media - heads up on getting paid
Littleguy wrote:
Without Statutory damages - the fair market value of your photos has already been established - it was the promised pay they were going to give you.
But even if you won a judgement in court - you would still be back to square one - collection.
Courts don't collect for you - you still have to do the collections on any awards on your own. So you are back to square one - waiting for them to pay you your original amount - this is after you pay out of pocket to your lawyer first.
Since the contract is a work for hire and not a license per photo, I find it tough to assign value to each photo, there is no value assigned to each photo which is what I was getting at. Would need an IP attorney to weigh in on that. If one files small claims, you dont need a lawyer, but currently one cant sue for damages for copyright claim in small claims. So we only have the actual breach that we could sue for.
Understood on the collection part. If they are truly a company that wishes to live on, I can only assume they would be highly motivated to pay out a judgement so collection activity isnt on their business credit record.
p.27 #6 · Gameface media - heads up on getting paid
Wait - you guys signed a work for hire contract?
So you don't even own the copyright to the photos - so you would have to sue under the contract first, what are the terms for payment under the contract?
Or somehow show the court that the contract is null and void before one could even bring a copyright violation suit to court.
I somehow don't think they care about their credit rating at this point - no major bank would touch these guys anyways. Its all VC money - their hope is that they sell out to a major corp and cash out.
FFPShooter wrote:
Since the contract is a work for hire and not a license per photo, I find it tough to assign value to each photo, there is no value assigned to each photo which is what I was getting at. Would need an IP attorney to weigh in on that. If one files small claims, you dont need a lawyer, but currently one cant sue for damages for copyright claim in small claims. So we only have the actual breach that we could sue for.
Understood on the collection part. If they are truly a company that wishes to live on, I can only assume they would be highly motivated to pay out a judgement so collection activity isnt on their business credit record. ...Show more →
p.27 #7 · Gameface media - heads up on getting paid
Littleguy wrote:
Wait - you guys signed a work for hire contract?
So you don't even own the copyright to the photos - so you would have to sue under the contract first, what are the terms for payment under the contract?
Or somehow show the court that the contract is null and void before one could even bring a copyright violation suit to court.
I somehow don't think they care about their credit rating at this point - no major bank would touch these guys anyways. Its all VC money - their hope is that they sell out to a major corp and cash out.
Terms of payment were 2 weeks from event date. Work for hire is standard for this type of work. They are clearly in breach, that is not the question. Contract is null and void because they haven't met the terms of it. But yes, first step is to show contract is void legally, then sue for copyright. But as I have mentioned, suing for copyright must be done at the federal level. If anyone has researched this, you will quickly realize cost vs benefit isn't worth it, unless one registers photos within the 3 month period. I am sure GF knows this as well. So really only recourse is small claims. Personally, I just want to get paid for what I worked.
Any major company looking to buy them out would most certainly look at their credit rating. Any reputable one anyways.
p.27 #8 · Gameface media - heads up on getting paid
FFPShooter wrote:
Terms of payment were 2 weeks from event date. Work for hire is standard for this type of work. They are clearly in breach, that is not the question. Contract is null and void because they haven't met the terms of it. But yes, first step is to show contract is void legally, then sue for copyright. But as I have mentioned, suing for copyright must be done at the federal level. If anyone has researched this, you will quickly realize cost vs benefit isn't worth it, unless one registers photos within the 3 month period. I am sure GF knows this as well. So really only recourse is small claims. Personally, I just want to get paid for what I worked.
Any major company looking to buy them out would most certainly look at their credit rating. Any reputable one anyways.
No where in their contract does is specify "payment 2 weeks from event date". As a matter of fact, no where in the contract does it say when you will be paid (only that you will be paid, no time frame given). The only place the 2 week payment was ever mentioned was in the notes of "pay stubs", it would say "payment will be processed within 2 weeks of event". This notice was only stated after you had worked the event.
p.27 #9 · Gameface media - heads up on getting paid
jonjon wrote:
No where in their contract does is specify "payment 2 weeks from event date". As a matter of fact, no where in the contract does it say when you will be paid (only that you will be paid, no time frame given). The only place the 2 week payment was ever mentioned was in the notes of "pay stubs", it would say "payment will be processed within 2 weeks of event". This notice was only stated after you had worked the event.
Any electronic communication can be part of an agreement. Weather it is before or after the assignment. All of those communications are part of the "contract". It is up to the contractee to make sure they know when they are getting paid. I have plenty of emails stating two weeks for pay prior to the events just by asking. Then add in reasonable expectations and it is pretty clear they are not living up to their part of the deal.
p.27 #10 · Gameface media - heads up on getting paid
There's a new group on Facebook for unpaid Gameface photographers. We're talking to a class action attorney and plan to get this resolved. Feel free to join if you're interested. I'm having trouble posting the link here, but just search for Unpaid Gameface Media Photograpers.
p.27 #11 · Gameface media - heads up on getting paid
So its been over 365 days of not fulling being paid. So whats Gamefaces excuse this time? Because I would never work for them again they wont pay me? They do realize that Im not going away right? I got paid a whole $158 when they where paying everyone one in full by April. It's now JUNE. Thats right June 14th to be exact. Still owed close to $500. It would be so easy for them to pay that $500 but they refuse.
p.27 #12 · Gameface media - heads up on getting paid
I don't mean to be a wet blanket, but think twice and three times about hiring an attorney to file a class action lawsuit. The attorney will get far more of the money proportionally than you will as a party. You may get $.10 on the dollar by the end of the suit, while the attorney reaps the benefits.
p.27 #14 · Gameface media - heads up on getting paid
MikalWGrass wrote:
I don't mean to be a wet blanket, but think twice and three times about hiring an attorney to file a class action lawsuit. The attorney will get far more of the money proportionally than you will as a party. You may get $.10 on the dollar by the end of the suit, while the attorney reaps the benefits.
Agreed. I understand & appreciate principle, but shooters will get a few pennies on the dollar and that'll be the end of it. No one wins but the attorney. Class action instead of small claims court - makes no sense. Unless it's worth losing 95% of what's owed to avoid the 'hassle' of SCC. But the time some folks have spent on this forum threatening, badmouthing, and complaining about GFM, they could've already filed and done something about it. Just sayin'.
p.27 #15 · Gameface media - heads up on getting paid
Kazey, there is probably no money left to pay any of the photographers. No investor in their right mind would give Gameface Media a penny unless they like investing in what to this point is a losing proposition. There are enough complaints about GM online to have effectively warned those that would hire GM for an event. Their business is dead. There won't be a resurrection.
I am not a professional photographer but I have walked in the shoes of those who are owed money and will never see it. I still think about the lost money and what I would have done with it (pay bills, take my family out to dinner, etc.), but I try to avoid thinking about it.
I feel awful for those who are owed money. They contributed their time, money, and skill to GM, and GM effectively effed them over.
p.27 #16 · Gameface media - heads up on getting paid
Kazey wrote:
Agreed. I understand & appreciate principle, but shooters will get a few pennies on the dollar and that'll be the end of it. No one wins but the attorney. Class action instead of small claims court - makes no sense. Unless it's worth losing 95% of what's owed to avoid the 'hassle' of SCC. But the time some folks have spent on this forum threatening, badmouthing, and complaining about GFM, they could've already filed and done something about it. Just sayin'.
So speaking the true about a company that refuses to pay their contractors what they owe is bad mouthing now? The problem now is they have people like myself that they now owe for a year and now we have new resent people who are not getting paid even after the 45 days that they promised. Hopefully soon everyone still doing business with them will stop. That's the only way for this to end well for everyone. It's far beyond repair, its been to long, way to many lies from them. They just need to close up and with any luck the ones still running GF are unemployed for as long if not longer then we have all waited to collect what we where promised.
p.27 #17 · Gameface media - heads up on getting paid
They have owed me $1500 for about a year. Absolutely no response to my emails, not even telling me to wait in line and be patient. It just shows you the integrity of the company.
