urgent advice needed. Am I a victim of a fraud?

[israeli32]

Hello,

I need your advice.

I am a content producer. I've been emailing with a European website for a long while, and we both agreed via email in advance that I will sell them an exclusive studio photoset with one of my models, which we both approved in advance. To make a long story short – I produced two rounds of professional studio shooting. I delivered all the content to their FTP, including all the legal documentation, as agreed in advance. They immediately started accusing me that the dates on the created files of the second studio shooting did not match the dates which I claimed the shooting took place in. Therefore, they started accusing me (or my photographer) in a fraud – which is 100% not true.

I must admit, I am truly offended by these allegations. I am an honest person and so far have not experienced anybody who doubted this either in my personal life or business. I have no words to describe the severness of the accusations on their part except that I am truly shocked!

It is true that one should be cautious in business however, I am under the sad impression that the fraud and the other contentions came as an excuse for that things may not have met their (strange) taste or other expectations and they wish to unbind themselves from buying the exclusive set.

I produced two expensive studio photosets, provided them with all the legal documentation, and in return what do I get? They avoid payment – and accuse my photographer in fraud. Furthermore, they accused me in spamming his password and members area or re-selling this photoset to other websites. I must say that we have never ever experienced such thing before.

After having absorbed all those accusations, the only question is – what can I do?

I would appreciate your advise.

Thanks.

[longboardjim]

..."no sale"...

this happens on ocassion , the only problem with "content on demand" is that it does not often meet the expectations of the client (model does not look good "wet") so the client feels if he/she is not happy with the product they do not have to buy.
i would not suggest in the future of sending any work in total to anyone without "approval/payment" first (sending some reduced/marked proofs are sufficient for any reputable buisness owner) , you can pretty much avoid being "stiffed" and/or "ripped-off" by someone not wanting to pay in the first place.

jim

[israeli32]

..."no sale"...

this happens on ocassion , the only problem with "content on demand" is that it does not often meet the expectations of the client (model does not look good "wet") so the client feels if he/she is not happy with the product they do not have to buy.
i would not suggest in the future of sending any work in total to anyone without "approval/payment" first (sending some reduced/marked proofs are sufficient for any reputable buisness owner) , you can pretty much avoid being "stiffed" and/or "ripped-off" by someone not wanting to pay in the first place.

jim

Is there something I can do right now? Should I go agaisnt this certain website in public (for example - in these forums), damaging their reputation?

Can I try selling this unpaid for studio photoset to others (although technically and legally they are holding on the documents)?

I feel bad about this whole production (which included two studio shootings), as I lost a lot of money on it for not being paid for, when accusing me in fraud, which is not true.

[Dzinerbear]

If you've acted honestly and have done nothing wrong and the site's allegations are false, then go ahead and name them.

BTW, I've had dealings with you, and although I've never bought anything from you (yet) I always found you to be a nice, friendly, and honest guy. I certainly never had any alarm bells going off when I talked to you. I certainly wouldn't have had any hesitation buying from you, but as Israelis are cut and I run uncut cock sites, there was little point persuing this.

Also, I buy content from a couple of guys and generally speaking, they don't provide me with 2257 docs until I've paid them. They'll upload the content, and then, when I sent them the money, I get the docs. Perhaps this is a way for you to go in the future. Or even better, upload half the content, the rest and the docs comes when you pay. Or even better better, but more work, upload the content watermarked. And then replace it all when you've been paid. At least until you've established a relationship with the person.

Cheers,
Michael

[Lee]

Im in agreement with Michael here, if you have done nothing wrong, which it sounds like you havent, name them.

Also in future, no mattr who you are dealing with, make sure you get at least 50% payment upfront and only upload the 2257 docs after full payment has been made, that way, if they use the content without paying for it, you can go right to the feds and say 'hey, this guy doesnt have docs for the content, go check him out'.

Regards,

Lee

[samebb]

Sorry to hear about your trouble israeli32.

If you definatly cant get them to pay for the content, and their is no legal solution to the problem, i am sure another webmaster will take the content off your hands. If you dont want to loose as much money you could sell it as semi-exclusive, maybe 3 - 5 times, so you can get your money back, other webmasters can get some good content, and they person who scammed you wont actually have "exclusive" content if he/she chooses to use it.

Just a suggestion.

Hope you manage to get things resolved.

[israeli32]

Thanks for all the support and useful tips. I appreciate it. I wish I had known about them earlier.

I will give this European website additional 48-72 hours, before naming it in public.

Either way, I will keep you posted for any news and developments within the next day - or two - or three.

[israeli32]

BTW - Should I actually name such a site (and their behaviour) in public? What are the pro and cons?

[samebb]

BTW - Should I actually name such a site (and their behaviour) in public? What are the pro and cons?

Pros = you can advise people and help prevent them being another victim.

Cons = possible legal action.

[longboardjim]

Is there something I can do right now? Should I go agaisnt this certain website in public (for example - in these forums), damaging their reputation?

Can I try selling this unpaid for studio photoset to others (although technically and legally they are holding on the documents)?

I feel bad about this whole production (which included two studio shootings), as I lost a lot of money on it for not being paid for, when accusing me in fraud, which is not true.

as mentioned unless you have a written contract which forces the customer to buy regardless of if they want it or not they do have the option not to buy.
you could name them but you would have to adhere to "facts" and not "add" (lying , cheating , stealing , backstabbing) what you personally think of them.
in regards to the produced content since the customer has refused to buy (keep email/documentation refusing sale on record) you are free to sell to someone else.
i personally do not force the customer to buy , i want their continued buisness but in some cases some people are impossible to please so i wouldn't waste time on clients who "refuse" produced stock on a regular basis (keep in mind you are paying models money out of pocket until you make the sale) and/or make unrealistic demands. (that's as big as johnny's dick get's!)
hopefully this and/or what someone else has mentioned has helped , look at this as a "learning-experience" , it's a part of producing content.

sincerely ~ ..."frontlines"... - stevie wonder

[chadknowslaw]

If you sent them content and they did not pay you, then any contract you may have had is not enforceable by them. Give them a day or two to respond and then put those sets on the market. You should have no fear of them trying to take legal action against you if they did not complete their end of the bargain.

[chadknowslaw]

oh yeah, and name names as long as what you say is factual. Truth is the best defense against accusations of libel.