In case you have not heard, earlier today, we published "The Color Run Sues College Photographer After He Asks for Compensation for Image" in which we shared a crazy story told by the photographer, Maxwell Jackson. To sum it up, in case you decide not to visit the link, Jackson took photos for one of the The Color Run's events in 2012 with his college group. He shared his images online and was approached by someone from The Color Run asking to use his images on Facebook, with his name attached, so he can get exposure. A few months later, Jackson sees his image on promotions in Sports Authority. Fast forward a bit, he contacts The Color Run asking for compensation for use of his images, and to point out they did not do what they said they would. Shortly after, he finds out The Color Run is suing HIM in court for posting on Facebook that he worked for them.
The Color Run's owner and founder, Travis Snyder, has reached out to the Fstoppers team and sent us a response to his side of the story.
I really recommend visiting our last post to see the entire story that he shared with us to get a full understanding of what is going on. But now, let's take a look at what Travis, owner and founder of The Color Run, has to say in response to Maxwell Jackson.
"Hi, this is Travis Snyder. I wanted to respond personally to this matter. As the founder of The Color Run, I've had the opportunity to work with many successful creative partnerships of all sizes, including amazing photographers. I respect their ability to capture the essence of our event and fully believe that they deserve attribution for their work to showcase their talents. This issue with Max is a single anomaly and quite frankly makes me sad. Max first came to shoot The Color Run because we granted his school class non-commercial access to come shoot the race in Miami where the photos in question were taken. After this, Max actually ended up working our events over the next year as a non-photographer and traveling and setting up with our traveling teams.
About a year later, Max first initiated questions about the use of some of the Miami photos. We sat down and genuinely tried to reach an amicable solution, including offering financial compensation and exposure through our networks. Our offers were declined, and met with the following demands:(language taken from legal filings)
- "$100,000.00 US deposited into my business bank account” (This amount went on to be raised by Max to $300,000).
- "To be named the Official Photography Sponsor of The Color Run (Globally) for the remainder of its existence."
- "Max Jackson Logo to be added in sponsors section on the bottom of all web pages"
- "My name to read at the bottom of any TCR photo's used in legible print from the next print run forward as, Photograph by Max Jackson”
- "if no efforts are made within 15 days, to contact me I will be forced to take further action"
Understandably, these demands were quite difficult for any organization. They went far outside professional compensation and credit for photography work. We discussed other options, and ultimately when Max said he was planning to sue rather than continue a dialogue, there was little option left but to defend our rights through the legal system. I have been and will continue to be at the table to visit about how to resolve this outstanding issue.
As hard as it is to see tweets calling me a "#scumbag", I am amazed by the Internet and its ability to give everyone a voice. I also appreciate the opportunity to share more information and insight into a complex situation. My personal hope and intention has always been to get this resolved directly, amicably, and fairly.
-Travis"
This proves again that a disagreement between two parties shouldn't be solved in public. That's where we have the Court and Justice system for.
Has anyone seen this guy's "work?" The thought that he even might have asked six figures for his laughable excuse for photography is ridiculous. http://maxxsphotography.com
The fee isn't for the quality of the photograph, but for how it was used/misused.
thanks adam, Max's dad #tymax
read the Echo xane above, those numbers are required for art and fed court... and check his fliker those are better works, and he is young and learning the quality doesnt matter the fact that it was used outside the contract and altered w/o permission. 8 total photos the law states 150 each photo minimum, even if the photo or art sucks.
If Snyder had done this to a professional photographer, then that professional photographer would have sued Snyder with the exact same grounds for settlement as are listed above.
Snyder is trying to slander Jackson by making him look greedy and unreasonable. The grounds listed are identical to what any artist would be demanding after the theft of their IP, it is actually obligated by copyright law that this type of demand be made, anything less would be unprofessional on the part of Jackson.
Snyder is still in the wrong, he's just trying to spin it so he doesn't look quite so bad in the public eye.
Wow, just wow! great insights to reality of law demands and business. Max's Dad #tymax
If you actually are his father.. If you want an easier way to frame this, for people who don't really get the concept, try this.
Imagine Snyder asked permission to use... dunno, Flux and Flow by Lights.. to advertise the color run. He would have to contact the legal department of the record label for permission, and probably have to pay out the tail for it. But he would get permission to use that song in his advertisement. Now imagine that Snyder then started using it in more adds without paying licensing fees, and distributing that song to other people without the label's consent.....
Snyder would be up to his eyebrows in trouble. This example works because people are familiar with the fact that using audio or video outside of license is piracy and potentially criminal. Many people don't know the same laws apply to images.
Anyway, I have a friend who does large format printing for artists, photographic, digital, painters, drawers, comic book artists.. So I know at least a small part of the law.
color run needs to settle this out of court asap. this is showing how the power of the internet can make you the most hated company in the usa.
One thing they both seem to agree completely on is that his photos were used in prominent (inter?) national advertising and promotions without his permission and certainly without an agreement about attribution and compensation. If color run had done the right thing in the first place and asked what his demands were for the use or licence of the photos they could have decided if his demands were worthwhile given the value of the photos. It's not up to the color run to decide what Maxwell should have found reasonable, they should have asked in the first place and then they could have laughed at him, told him to stop wasting their time and leave him in obscurity. As it seems though they ripped him off. I don't see any reason here for them to sue him either, it's a wholly inappropriate avenue taken seemingly with the intention of extorting him into submission. It seems this is the crux of the issue and I'm sure he knows it, if MR.Snyder had a reasonable explanation for the law suit I'm sure he would have mentioned it but he hasn't and so one is left to wonder what other unreasonable explanation there might be.
how bout the first paragraph of Travis's first statement that max worked for them?
check the docs side bu side and know they are still in the utah courts today waiting this settlement not withdrawn months ago.
Greed again, miss understanding on the media, Again, OTT, Crazy man.
This was tweeted on the 16th at 12:32. You might want to get details (not just their spin on it).
"this issue was actually resolved yesterday. A great win for communication & compromise. A pretty great thing!" From ColorRun.
My thoughts? It is great what public exposure -and humiliation- will do for 'communication & compromise'! Looks like they were shamed into paying (and cheaper, too). {chuckle}
*grabs popcorn and reads comments... oh the joys of the internetz
I feel like there is a lawyer writing that letter for him
max or travis?
If they couldn't reach an agreement, they shouldn't have used the photos. I'm not ready to give them a pass yet.
We can all argue this until the cows come home, but the truth is no one knows all the facts yet. Everyone has their own version of how things went down and we will all have to wait for the truth to come out in court, if it ever does. As a side note: Max has actually gotten more recognition from this than he would ever have received for his photos otherwise.
facebook has taken down max's cover photograph on.the color run facebook page that did not possess photo credit to MaxxsPhotography.com, as has the sports authority issued a tweet that they have removed Max's photo from marketing collateral. Thank you both, Coke however did not http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.coca-colacompany.com%2F... the girl in blue is max's photo.
So Im confused... Were these demands by Max made after he saw his photos in the Sports Authority print ads? That would be the straw that broke the camels back, I'd think. I wouldn't talk to the Color Run anymore either.
Long story short, if A Brand ask you to give your work for free, just say NO.