Expert: Wedding Photographics - 4/14/2008

Question
QUESTION: I got married a few years ago and asked my friend to be the photographer for my wedding as she had just finished/was finishing school and I wanted to give her a chance to get her foot in the door & some practice in wedding photography.  There was never a contract, and I'm not worried about what she charged.  What I am concerned about is now, a few years later she is refusing to sell me any more photos, sell me the copyrights, or allowing me to make copies of the proofs that I have.  I have offered her a substantial amount of money (at least it is to me, up to $2000) for the copyright since she says I can't order more photos after the first year.  She also refuses to respond since I questioned her about it.  What can I do, as a client to get more pictures with out breaking the law & what are my rights in this situation?

ANSWER: Hi Rebekah,

It is so sad that these situations and so many like them happen every year.  Cherry and I are contacted every year by brides who hired photographers who didn't even shoot the wedding day even when there was a contract for various "reasons" that should not be.  There really are consumer issues for brides to think about before hiring a photographer. I say all this because I have a Consumer Alert page on my website which speaks on many of these issues and I have found myself a target of slander by other photographers in the Nikonian Forum.  One even criticized me for addressing consumer issues like this.

Now more directly answering your questions. Since there was no contract, did you ever sign a model release?  If not, she has no legal authorization to ever use any photographs from your wedding as samples of her work. In fact, she should have paid you or compensated you with free photographs in exchange for you signing a model release.  Assuming this is the case, the photos she made of your wedding is useless to her and if she doesn't want to sell you more images or provide copyright release, then you can tell her to stop using your pictures.  If you see she is still using them, you will have to take her to court.  Especially if she is publicly displaying images of you and anyone else from whom she never receiving written permission.

Hopefully this will make her more appreciative of the fact your gave her the HONOR of shooting your wedding and so maybe she will be more willing to make the compromise with you.

Hope this helps.

John Wilson
Wedding Photographer
Chattanooga Tennessee
http://www.weddingphotographics.net


---------- FOLLOW-UP ----------

QUESTION: I never signed a model release or paperwork of any kind other than the checks we gave her.  I am also not sure if she is using the photos or not for her portfolio and am unable to find out because she is refusing to speak to me, though I have not seen them on her website.  With this being the case would I legally be able to make copies of the photos as needed and post them on my websites such as myspace and facebook or do I risk having problems?  I don't want to sell anything, I am also attempting to make a scrap book for myself and give gifts to family members for various occasions.  What actions can I take to warn others of her unprofessional behavior?  I don't want others, friends or strangers, to get caught in the same web.

Thank you for your help.  I will be sharing this will my parents and husband as well to see what we should think about doing.

Rebekah

Answer
Hi Rebekah,

Since she is refusing to speak with you this requires you to take her to small claims court.  There she will have to speak regarding the issues. I can't promise you what the judge will determine.  But if she is a "professional" photographer, the judge should have a tendency to judge in your favor due to her lack of professionalism, to include, but not limited to, ensuring a "meeting of the minds" especially in the form of providing a contract.  If she was not a professional at the time of the wedding, how can she legitimately enforce professional practices on you now and therefore changing some previous verbal understanding you and her probably had before your wedding day?  Along these lines I think you will find some of your best arguments to win the judge's favor.

Since she refuses any further communication with you, refuses to sell you any more images and as long as she does NOT have a model release and especially if she was not a "professional" photographer at the time, I say go ahead and copy and post. Why?  Because since she refuses to sell you any more images, she would look like an idiot to take you to court over copyright infringement when she will NOT be able to prove any monetary loss.  In fact, as we have previously discussed, she refuses your money.  Plus, she never got your permission to use the photographs herself for any kind of benefits to her.

As far as warning other about her.  Check her website for professional affiliations.  If she has any, contact them to report this conduct.  It may take them a few weeks to investigate your complaint.  If this alone is not enough to change her attitude, then get in writing from the affiliation a copy of the actions they took.  Then you may also use this to present to the small claims judge to make your case.

Of course, I'm not an attorney. But we are just talking about small claims court here. I can't guarantee how the small claims judge will determine the case. But it seems to me you have a lot in your favor to win your complaint.

John Wilson
Wedding Photographer
Chattanooga Tennessee
http://www.weddingphotographics.net
http://www.weddingphotographics.net/packages/consumeralert.htm