Press Loan - what to do?

[deniser]

We get approached regularly by people from newspapers and magazines asking either for images or sometimes for actual products which they borrow for photoshoots and then send back in return for a mention in the relevant magazine.

We've often sent things out and they usually come straight back.

On this occasion, I sent out an expensive product on loan for one week 2 months ago and it hasn't come back. The person I sent it to is now not returning my calls or emails. There's no sign of it appearing in print either.

What should I do? Send them an invoice for the product or just write it off?

 

[LicensedToTrade]

An interesting issue, not one I have ever come across.

The person/company that has your product, I assume they are a traceable source? In other words they have a physical address or are well known?

If they are near you and they are not responding to calls then why not just pop down to see them?

If they aren't near you then send them a letter before action stating that if the goods are not returned within 5 working days that you will invoice them or take them to court.

In future it might be worth taking a deposit?

 

[Billmccallum]

Send an invoice, this will probably invoke a response.

 

[InPrintImaging]

Try to get in contact in first instance, explain and tell them you will have no option but to invoice if they don't return the item, but be prepared to follow this up with an actual invoice if they do nothing, and follow it up with a CCJ if necessary. If you can't get in touch with the original contact, try ringing the editor directly. In my experience for editorial clients, if you get a slow one, most will pay, but on occassion a gentle prod may be needed. Depending on the circumstances of the arrangement, if you are sending them pictures you might be better sending them with a licence agreement.

You didn't say exactly what they are using them for. If it is your publicity then fair enough, send them out. If it is someone elses, or to illustrate a story, then they should be paying you for them. What ever you do however, you are licencing the images to them, NOT, selling or giving them the copyright. Images should have the EXIF metadata appended to them to show who ownes the copyright etc. How you add this depends on the imaging software you are using, but most image files should have a section attached labelled "EXIF core data".

 

[deniser]

To clarify, the item was to be used to illustrate a separate news story, not for a story about us. I would happily have given it to them if it was a story about us or our product.

 

[deniser]

The person/company that has your product, I assume they are a traceable source? In other words they have a physical address or are well known?

In future it might be worth taking a deposit?

Yes I have a physical address but it is not near me.

A deposit is a good idea but these things are usually needed so quickly that there wouldn't be time to organise it.

 

[RBS]

What should I do? Send them an invoice for the product or just write it off?

I had similar case - I was a bit worried product might not come back, so I invoiced them with 14 day payment and provided product.

 

[Esk247]

We send items off either for advertising our own products on tv or for use in photo shoots (cushions etc) and we just have to write them off as gone. We treat them as samples even though they can retail at £50 (plus postage costs).

One of my threads on here a few days ago about finding a courier was in relation to sending items to a shoot. Total of £300 of items (retail price) but i've written them off as gone.

You could try chasing them up but they haven't exclusively purchased the items from your website or shop have they? not sure the legalities on this one.

 

[Paul Kelly ICHYB]

In future, invoice the samples, with a value, however, a long payment term Add a comment full credit if returned in x days.

Your stock is accounted for, shown on the books and can be written off, if you want. Alternately, you can chase payment, as this case.

 

[InPrintImaging]

To clarify, the item was to be used to illustrate a separate news story, not for a story about us. I would happily have given it to them if it was a story about us or our product.

In that particular situation, if it wasn't something to your benefit (ie press release/advertorial), then they should be paying you full stop I would have said. To be honest, it sounds to me like they have been playing you as a free to use stock library.

Either sell them the item outright, which would seem the most straightforward way. In the current situation, you might also consider whether they have breached your own intellectual property eg trademark, but without a valid contract, that could be difficult to prove, especially as you mention they didn't actually publish any pictures.

The other option would be to licence them one of your pictures on a limited basis. To do the latter, you need to be sure that you own the copyright of the pictures in the first place. If they were taken by one of your employees in the normal course of their duties, then you do. If not, you don't unless you purchased the copyright specifically.

 

[deniser]

Yes, invoicing with a delayed payment to allow for return is the way forward. Hadn't thought of that.

Not quite sure what to do about the present case.; a phone call to the editor followed by an invoice I think.

ESK247 writing off £300 of stock! I wouldn't!

 

[deniser]

OK, now what? I have googled the journalist and found the article but there is no mention of our company at all (it was promised in writing that it would be as a condition of the loan) but there are two very good images of our product.

I feel a bit cheated.

Shall I ask for permission to use the images? Or just link to the article and say the pictures are of our product?

 

[eog]

OK, now what? I have googled the journalist and found the article but there is no mention of our company at all (it was promised in writing that it would be as a condition of the loan) but there are two very good images of our product.

I feel a bit cheated.

Shall I ask for permission to use the images? Or just link to the article and say the pictures are of our product?

Contact the editor, create a bit of a fuss....last thing anyone wants is to get an earful from the boss!