Snowboard Photographer Fights to Get Paid and It’s Getting Ugly

Canadian snowboard photographer Chris Messervey has his hands full battling a corporate bully for unauthorized use of one of his photos.

Chris is an awesome photographer and like many adventure sports photographers, he makes his living traveling and shooting the sport and licensing his work to magazines, design projects, and corporate advertising.

Last winter he joined a group of riders in Revelstoke, BC to film and shoot. As he describes in his blog post here, the weather was not that great but he scored some nice shots.

One of the riders, pro snowboarder (and Olympic contender) Dustin Craven, loved some of the shots and suggested they send some of them to Grenade, one of Dustin’s sponsors, for a preview to see if any images would appeal to them. This is a common practice in the industry. The photographer shoots on spec and then shows the manufacturer, giving them the option to license images first. I did this for many years, borrow clothing and accessories from manufacturers like Early Winters (defunct) and arrange my athletes and models, and then shoot camping, backpacking, biking, and more. This can be a very profitable approach!

As Chris writes in his blog posts: “It pretty standard practice that after shooting riders, you preview shots with them, they show their sponsors, if their sponsors are feeling the shots, they buy them for a price based on how they intend to use them.”

Dustin got back to Chris mentioning Grenade loved one of the shots and planned to use it. As Chris writes, he was “stoked”. Shortly thereafter, Chris checks out the Grenade blog and there is his photograph alongside a post on Dustin. But he does not remember discussing usage and payment with anyone at Grenade.

He then gets in contact with the company team leader that Dustin referred him to and they had some friendly chats that went nowhere. The team leader appears to want to work it out and loves Chris’s work, encouraging him to keep sending in more. But nothing happens!

The Conversation

Chris then secures the email address for the company CEO, Joseph Condorelli, and explains the situation in an email to him.

Howdy,

I was given your email address by a fellow photographer who has worked with you in the past.

I’ve been communicating with Jordan Brown via email regarding an image of Dustin Craven that was posted on your website in early March in support of an article titled, ‘Let Craven Ride’. The image is one I snapped this winter and I assume was given to you by Dustin.

Jordan has assured me that this is high priority and I realize you are all busy with Grenade Games and such, however, this matter needs to be dealt with ASAP. I have sent Jordan an invoice and license agreement numerous times and so far nothing has been done. It has been weeks since I’ve heard from him.

The image was used without permission and/or payment.
Not trying to cause trouble, just would like this matter settled.
Thanks
Chris

Mr. Condorelli’s response:

I appreciate your communications but it was given to me from a rider as do all the pics on the blog
I do not pay for website photography if you would like me to take it down I will
I do not wish you any harm but you should not give your art to someone if you are looking to sell it
Thank you
Joseph L. Condorelli

Wait a minute! Just how does this work? I shot mountain biking years ago and one rider was sponsored by a mountain bike manufacturer. I asked the rider to show them to the company in hopes they would license some because, my foot is ‘not in the door’ at this company but the sponsored rider I photographed could walk right in and show my work. This is very common in spec work. (I worked and later resulted in the company wanting to use an image in an ad but we were miles apart on the value of the usage and fees.)

I think the same thing or similar happened here. Dustin shows Chris’s work to the company, they use it and claim ignorance suggesting that the rider gave it to them to use.

Chris replied:

Hey Joe,
Thanks for the email.
Regardless if a rider gave it to you or not, you still used my copyrighted work on your website without my permission. Which I am sure you are aware is illegal. http://www.copyright.gov/help/faq/faq-fairuse.html

I normally charge $XXX/per month for web based images. Seeing as how there has been some confusion between you and Dustin, I’m willing to overlook this misunderstanding and only charge you a flat fee of $XXX which will give you permission to use that photo on your website for one year.

I preview shots with all my riders. They send them to their sponsors. Their sponsors pay me. Its a pretty standard routine.

Not looking to make enemies here Joe.
Chris

The CEO replies:

I am confused but I do not have any copyrighted photos of any one please let me know what you are trying to do?
If it is business you want let me know if it is money please do not keep bothering me about this you know where I stand.

Thank you
Joseph L. Condorelli

The email exchange continued and gets interesting and later the Team Leader at Grenade jumps back in trying to make right, but the CEO gets a little bent and jumps on his case about the continued conversation:

I told you ten time stop communicating with this guy please he is unstable or something I will report you to the authorities and you know if you are begging for a XXX dollar handout you must be living in the streets now stop

Sent from my iPad
Jospeh Condorelli

All Chris wants is to be paid and he should be, but as of this writing he has not and the CEO, Joseph Condorelli appears not to budge despite the lawyers ready to get involved.

In My Opinion

I read Chris’s post I can’t help but think a couple things. First, you have someone who runs a company and only sees value in themselves and not their contributors, those who help further their goal. Photographer’s battle this mind set everyday with requests for free photography from people who see no value in photography.

Second, I don’t know what Chris is asking for as a license fee but I would guess it is an industry norm and reasonable for the given usage.

The bad PR surrounding Grenade and Mr. Condorelli is hard to miss and you have to seriously consider the cost of paying the usage versus a controversy that’s getting louder and louder as it spreads far and wide across the web.

For Chris’s original blog post, click here.

For more on Mr. Condorelli chick here and here.

Have you had similar experiences? Please share it with our readers. Emails us or leave a comment.

Related posts: Walking Away When Negotiations Fail

Books:

Photographers Guide to Negotiating