Wedding photographer out of business and still no pictures.

[Griffzan]

What is the name of your state? Mi
I was recently married (Sept 15 2007) and used a photographer that our family has used for some time. Problem is after our wedding she went out of business and we, to this day, are still waiting for our pictures. She refuses to give our originals so that we can make our own album and states that even if she's out of business she still owns the pictures per copyright law. We have already paid her over $2500 and feel like we're being more than ripped off. She's told my mother, who's been a long time friend that she would sell us the pictures for another $500. It seems that the money we paid, given we have recieved only one album of 187 pictures, should be more than enough, even if I thought it was fair to pay her that much. I would like to know how copyright law pertains to wedding pictures and if I have any options to get my pictures? Also she had already stated that we would get a cd with all our pictures on it.

 

[The Occultist]

There is no copyright issue here: she owns the rights to the photos, you do not. However, you did pay for a service, and that service was not performed, so take her to small claims courts.

 

[divgradcurl]

Agree with the Occultist, with one caveat -- if the photographer is simply willing to sell you the rights to the photographs for an additional $500, even if it costs you a few more dollars now, it may be a better choice in the long run, as you will be free to make reprints whenever you want.

 

[auctiongoer]

From a photographer's standpoint, what she is offering is quite fair. You do not own the copyright to those photographs and if you would like to have the rights to reproduce them freely you should pay for them. Especially if that was not stated as part of the original wedding package. As photographers, the way we make our money is through reprints and stock sales (for magazines, ect). If you would like to have the rights to reproduce the photographs and put together your own album, fine, but you have to understand she cannot just hand over the originals to you free of charge and lose potential profit. Its standard practice & $500.00 in prints adds up fast. If you are still waiting for the CD of images from the wedding hopefully you get those soon, but that CD will most likely only contain the low resolution images for you to post to the web or email, you cannot get a good print from those.

To give you an idea of how much it costs for the rights to photographs in the editorial/advertising world of photography, one celeb (who has been in the news lately for steroid abuse) has approached my friend (also a professional photographer) for the rights to the portraits that she took of him for a nationally published magazine. He's paying her $35,000 and that is about the standard rate for a buy out at that level.

 

[Griffzan]

Well, for one I'm not a celebrity, so I don't think the $35,000 would apply as a going rate for me. To add she stated in a taped and witnessed conversasion that she would give us our pictures on a cd (after being asked). I asked for a cd with ALL our pics and she said no problem, to try and give me low resolution pics would be rediculous (sp). If I wanted low resolution pics that's what I would have asked for. What I'm trying to get at, being that she is out of business and has yet to produce our entire package and in the future it would be very difficult, if not impossible to get her to repoduce more pictures, what kind of legal recourse do I have? This is what $2500 bought in our package:
1 Taprell loomis all occasion folio
12 4x5 original prints from the session
Eigth hours of coverage of cerimony, formal portraits and reception
Taprell loomis Archival Preview album w/original prints
2 (10 Page) 10x10 Supreme wedding albums
Forty custom Layout album pages w/retouching enhancements
DVD Slideshow of wedding images
Taprell loomis DVD album w/4x5 photo

What I've received:
12 orignal prints from engagement session
Preview album w/187 prints (out of 541)
3 1/2 hrs total (Left reception at 8:00)

Keep in mind when reading the price, I live in Mich and California celebrity photo prices don't apply here?

 

[divgradcurl]

Look, here is your problem. She breached your contract -- I don't think anyone here is going to argue with you about that. But what can you do about it? If you sue her in small claims court, the BEST you will get is your $2500 back (maybe less), and NO pictures. Small claims court has NO authority to force her to live up to her contract -- the best that the court can do is grant you monetary damages.

In fact, there is NO court that can force her to live up to her contract -- the courts just don't work that way. You MIGHT be able to sue her and obtain the rights to the pictures, but that would cost far more than just paying the $500 she is asking for anyway.

I know you are upset -- and you have a right to be. But the best you can probably hope for is to pay her what she wants for the RIGHTS to the pictures, get the negatives (or high-res digital originals if she didn't use film), and get something in WRITING stating that she is giving you the RIGHTS to the pictures.

If she doesn't ask for a release of liability, THEN you can take her to small claims court to recoup some of your damages. But at least then you will have the pictures. If she does ask for a release of liability, well, then you can decide what do you want more -- the pictures, or the money?

There is no magical solution here, unfortunately -- but if you have a way to obtain the rights tot he pictures, then you can get a wedding album made up somewhere else, and have full control over the use of the pictures and making of reprints.

 

[auctiongoer]

I'm not arguing that you don't have a case, you obviously did not get what she originally agreed to give you. I'm saying if receiving all of the negatives/high resolution digital files for you to print yourself was not in your original agreement, it is standard to have to pay for them.

And, um, of course no one would expect you to pay her $35,000.. that was just a side note/ interesting fact.

Good luck