Q -and then tripled the amount after they tried to come to an agreement with you? Are you kidding?

Qand then tripled the amount after they tried to come to an agreement with you? Are you kidding?

A-Yes I did, after I was ready to settle and have settlement paperwork sent out to The Color Run, I was contacted by Michael Ward of The Color Run and he told me that they would not be able to offer the 60 days on bottom of their website which he had previously agreed.  At that point I stated that I was no longer comfortable with this settlement offer and that I would have to think about it.  
Michael, knowing that my major concern here was the recognition I was promised in the joint venture of the original contract and license of the photos, knew that throwing money at me was not going to fix the fact millions of my images were reproduced in print and electronically.  
I was told that I had until mid day the next day to accept their offer of $30,000 and a social media shoutout.  And there would be no way to insure the photos would be used correctly in the future.  When this was said, I would bet Michael was able to hear it in my breath, that this was not going to work. When in fact all of this was about the contract they entered into to help grow my photography business as I was able to help them spread my happy photos around the world twice over.
Later that day I was served with a lawsuit from another firm (Stoel Rives) at the instruction of Travis Lyman Snyder to sue me for trademark infringement saying I never worked for them, when I posted on Facebook that I did indeed work @ The Color Run.  I was told that I had until mid day the next day to accept their offer of $30,000 and a social media shoutout.
 
In these case documents Stoel requested that the judge grant The Color Run 3 times the amount of money I generated by wrongfully using The Color Run’s Trademark in my Facebook employment status?  So I figured that was the craziest thing I had ever read because I was not making anything but the check they were writing me to set up and break down everts and going to school.  If I was now going to invest the next 3 or 4 years defending a trademark case and pursuing a contract and copyright case I need to up the # because right now I am doing this when I should be studying for midterms.
The $300,000 comes from that (3x) figure applied towards my original settlement offer, because after The Color Run used my photos worldwide, they sued me when I would not take their money.  As well as the case filing saying that The Color Run had “fair use” of my photos, requesting that the court rule that they should be the owners of the copyright to my photos.  I needed to make clear that money was never the goal, knowing well and good that dollars and cents are the only languages that huge corporations speak.
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12 thoughts on “Q -and then tripled the amount after they tried to come to an agreement with you? Are you kidding?

  1. Stick with it man, I really would like to see these f’ers pay up. I still can’t get over that they used a photo then sued the person they got it from, that’s so ridiculous

    • It is absolutely ridiculous, but I’m sure it’s something many big corporations have been doing for years. The difference now is that, with social media being what it is, it’s harder for these jerks to hide their behavior.

    • Freelancer’s of any form of creative work struggle their whole lives with this kind of blind-siding by much more financially prepared entities. Whether or not the fee he asked TCR up front was too much or too little, the fact is that they put themselves in that position. Buying photographs for print is not cheap, especially if they are customized for your brand. People like Travis Snyder understand nothing of the creative work from freelancers and they will always try to take advantage of talented people.

  2. There is a saying lawyers use. “pound the facts, pound the law, pound the table”. it comes from Harvard Law School professor Alan Dershowitz. If the facts are on your side, Dershowitz says, pound the facts into the table. If the law is on your side, pound the law into the table. If neither the facts nor the law are on your side, pound the table.

    You’re pounding the table awfully hard…
    $30k is real money and way more than that photo is worth. You just won the lottery. Take it if they are still willing to give it.

    • I can’t even think of a good example for this right now…but this was never about money. This is about the fact that Travis Snyder used his money and power to bully me into accepting an offer that I would have caused me to not sleep well at night.

      If you feel that the facts are on the side of The Color Run then that is your prerogative, I on the other hand am one of about five people in this world that know everything that has happened since day one. Believe me or not…Travis is trying to mislead the public with his statement by making them think he was the nice guy when in fact he is a big bully. Do you like to be bullied?

      But I like that quote, when applied to this situation the only way for me to even begin to stand up for my rights is to pound the table as hard as I could and send everything flying into the air. When everything settles down the facts and the law will be pounded through the table and onto the floor.

      I thank you for taking the time to read about this situation and form an opinion on it.

      • I’m saying your behavior suggests the facts don’t support you. You seem to be trying to win the in the court of public opinion by pounding the table. And as this progresses it’s becoming clearer that you are omitting and manipulating the facts.

  3. Travis Snyder is a sack of shit, and I seriously hope he, and Color Run get negative national media coverage. A glorious victory would be you getting the money you deserve, as well as the reputation of Mr. Snyder and the Color Run being severely damaged in the process. Good luck

  4. Can you post the original written usage agreement that you reference in your letter? After reading your letter it seems that this is a breach of contract issue not copyright infringement but without seeing the written agreement it’s hard to know. Thanks!

    • I just made a post with the entire conversation. The use agreement I refer to is the line where they tell me how I will be credited where every photo is used.

      Any more questions just let me know!

  5. I’ve been following this with great interest since I heard about it yesterday morning. I read the post from The Color Run guy and your response here to the questions about your monetary demands. It still looks to me that right is on your side. The people who are criticizing you for the dollar amounts are missing the point — the money isn’t about how much the photos are worth or would have been worth if they had paid you for them in the first place. In the legal system, money isn’t just about compensating people for what they lost. It also represents how much wrong was done by one party to another. They screwed you, so they deserve to pay not just what the photo is worth, but an amount that reflects (a) how much they screwed you and (b) how important it is that companies like this not screw other photographers in the future.

    Good luck, man.

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