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Use of Photos without prior permission

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asked on Jul 22, 2016 at 07:14
by   kenzolim
Hi,

It is my first time here and i would like to have some advice on case as below:

1. I got a Website Design & Development project from client A in December 2015. After initial discussion, quote is given based on Website design & Development cost, and i offered addition interior Photograhy service at zero cost, mentioning in both Quotation & Invoice "Image shooting & touch-up for initial web development", mean the work is for Web use purpose only.

2. Website completed in January 2016 after a 50% deposit, client feedback that they don't like the photos taken, i explained it was an extra favor at zero cost, they agreed to recruit a professional photographer to retake their interior photos, will submit to me to upload in their website. All the photos taken by me have been taken down upon request.

3. I have followed up with them after January 2016, until May 2016, they were ignoring and dragging the timeline by telling me they have not compiled the new photos taken by photographer. I explained it shall considered "close case & project done" if the overall website is good to publish, they can update the photos as anytime.

4. In May 2016, i found they have posted a Magazine Advertisement using 5 pieces of the Photos i have shoot and touched up for them, for web use purpose. I asked for explanation, the Marketing said she don't know anything, the superior pass her a CD and told her she can use the photos in any way.

5. In 20th June 2016, The Marketing informed me photos "taken by me" has no problem at all, i can upload them all and launch the website. I explained website will be launch once their 50% balance payment made.

6. Within a month, up to date 21 July 2016, i were messaging (whatsapp & text messages) to update about the payment status, the client never reply, and never pick up my call at all.

Question :
1. Is it necessary to issue them a Legal Notification Letter and period of balance settlement?
2. Photos taken are on Free of charge favor, stated "Image shooting & touch-up for initial web development", is this copyright belongs to me or the client
3. Do i have the right to issue invoice on the use of photos for advertisement purposes without permission from me? If yes, can i charge them x2 or 3x from the market licensing rate?
4. If client has not made full payment for the project and misuse the photos, can i claim all the rights belongs to me.

Appreciated your kind advise.
Thank you
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4 Answers

answered on Jul 22, 2016 at 14:32
by   vkpc
Quotation & Invoice "Image shooting & touch-up for initial web development", mean the work is for Web use purpose only.

"Image shooting & touch-up for initial web development"
does not mean the work is for Web use purpose only.
After all, the word 'only' is not written anywhere in the invoice.
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answered on Jul 26, 2016 at 19:36
by   kenzolim
edited Jul 26, 2016 at 20:48
by   kenzolim
Hi, thanks for reply.

How about the terms i have added to the balance invoice upon deposit payment.

I did stated below the "Image shooting & touch-up for initial web development" 

License of all image shooting provided for web development project are strictly for website display only.The images shall not be used for other advertisement purpose without prior agreement or purchase license from the service provider. 

Does it help to protect my work?

Also, the client at first told me everything is good to final and launch their website, It told them the website will be launch upon balance payment made. But now they come to me saying they want to discontinue the website, and not going to pay the balance. Can i proceed to take legal action on both issue or the proper non-verbal communication is not strong enough to go for it.

Thank you.
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answered on Jul 27, 2016 at 07:14
by   vkpc
License of all image shooting provided for web development project are strictly for website display only.The images shall not be used for other advertisement purpose without prior agreement or purchase license from the service provider.

The thing is, a contract is only a contract if both sides agree to the terms.
By simply adding terms to the invoice/bill, it is not a contract because you cannot show that both sides agreed to this term before you put it into the invoice/bill.
For example. if Tesco prints in the bill that you cannot return goods even if product is expired, does it really mean you have to accept expired goods?

But now they come to me saying they want to discontinue the website, and not going to pay the balance.
If you feel that 100% of the work is already done, of course they should pay the balance.
It does not matter whether the website is launched or not.
If you buy a car but decided not drive it, does it mean you can stop paying the installments?
You can sue them at Consumer's Tribunal in Putrajaya if the balance amount is less than RM25,000
No need lawyers there.
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answered on Jul 27, 2016 at 13:06
by   kenzolim
Thank you so much for your kind advice. This helps a lots. I shall seek further advice at Consumer's Tribunal. 
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