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What would you do??


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  #21  
September 19th, 2010, 08:00 PM
rageybug's Avatar Platinum Supermommy
Join Date: Aug 2008
Location: Ontario, Canada
Posts: 6,633
What a disaster. For free pictures I wouldn't even dream of giving them to the person without a signed release! When I did my free pics I made them sign the forms before I even got my stuff set up...just so we wouldn't be wasting either of our time! I wouldn't back down to this...umm...girl....I had other choice words obviously.
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  #22  
September 20th, 2010, 08:52 AM
Catherine's Avatar Mega Super Mommy
Join Date: Jun 2006
Location: Cleveland, OH
Posts: 1,735
Just some thoughts...

Unless I have SEEN the contract the other photographer had with the bride, I would hesitate to claim a right to withhold the photos. Did she know what the terms were prior to the wedding? Was she aware you required a model release before she saw the pictures? I would hesitate to withhold them if this was a "new" term of the arrangement that was sprung on her after she saw the images.

I would also consider the possibility that maybe the groom objects to your using his image and that is where some of the problem lies.
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  #23  
September 20th, 2010, 09:27 AM
Doodle's Avatar Platinum Supermommy
Join Date: Oct 2007
Location: Orlando-ish Florida
Posts: 10,919
Quote:
Originally Posted by Catherine View Post
Just some thoughts...

Unless I have SEEN the contract the other photographer had with the bride, I would hesitate to claim a right to withhold the photos. Did she know what the terms were prior to the wedding? Was she aware you required a model release before she saw the pictures? I would hesitate to withhold them if this was a "new" term of the arrangement that was sprung on her after she saw the images.

I would also consider the possibility that maybe the groom objects to your using his image and that is where some of the problem lies.

if she didnt sign a contract with the other photographer, what legally compels her to turn over photos?

this whole situation just is so sticky and no one is going to win in the end. It totally sucks
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  #24  
September 20th, 2010, 10:21 AM
impish77's Avatar Mega Super Mommy
Join Date: Mar 2005
Location: GA
Posts: 1,524
I'm confused why are you making her sign a model release? If it's for portfolio reasons, I'd say just forget it. Not worth the headache or bad WOM. Contracts and such should be discussed and signed before hand... forcing someone to sign a model release after the fact before they can have their pictures, free or not is kinda icky imo.

hope that didn't come as ******... was not meant to be!
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  #25  
September 20th, 2010, 10:50 AM
Catherine's Avatar Mega Super Mommy
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Location: Cleveland, OH
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I don't think "legally compels" is the test here. If she runs around and says, "I THOUGHT they were both my photographers...and they came and photographed MY wedding...and THEN the one photographer told me I couldn't have MY photos until I signed this release for her or pay her MORE money..." it's not going to "feel" right. kwim? Whether she's a nice person or not...contract terms should be agreed to beforehand. What did she THINK was the contract? That's what is going to make or break the word of mouth that happens as a result of this.
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  #26  
September 20th, 2010, 10:58 AM
twoboys's Avatar photography co-host!!
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Location: Holly Springs, NC
Posts: 13,018
Well, the bride insisted on not being bothered with a contract during the wedding day. I was just going along for a favor for a friend. All I asked for was a model release form. Yes, I should have gotten the release form before hand, but unfortunately I didnt. Anyhow, I do have emails from the bride saying a model release form would not be a problem. Why she is being difficult now is beyond me. I think when someone does such a huge thing for free the least you can do is be grateful. She was aware before ever seeing my pictures I required a model release, which she agreed to sign.

She signed a release to the other photographer, who is currently using MY images on her website. I have asked her to remove them.

I had NO contract with the other photographer or the bride. As the bride told me "I didnt even know you were coming until the day of". This is the fault of the other photographer also for not explaining herself correctly. I have emails from both the bride and the other photographer.

Its just a mess, and lesson learned... I will NEVER shoot for free again, and I will NEVER shoot without a model release signed if that was the agreement.

Quote:
Originally Posted by impish77 View Post
I'm confused why are you making her sign a model release? If it's for portfolio reasons, I'd say just forget it. Not worth the headache or bad WOM. Contracts and such should be discussed and signed before hand... forcing someone to sign a model release after the fact before they can have their pictures, free or not is kinda icky imo.

hope that didn't come as ******... was not meant to be!
I do agree in some cases to this, however trying to force someone to hand over pics and going back on your verbal/written agreement to sign a release is more icky to me. I think if you agreed to that, then thats what you should do to get the pictures. (I have all the emails saved, and she clearly says "release form is fine") The whole thing just stinks, and I know I am somewhat to blame for not having addressed this prior to taking the pictures..

Last edited by twoboys; September 20th, 2010 at 11:07 AM.
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