Legal Question. Please Help!

I work for a newspaper and I run my own business in the photography field. I photograph at the local race track

every weekend. There is another photographer down at the tracks who has contacted my work and has threatened to

file a law suit claiming I told a driver I would put his picture in the paper If he bought 5 photos from me. This

is not true at all and I was told by my work that if they file a lawsuit that I have a high chance of being

instantly fired.

 

Does he have grounds to sue me... I mean I didn't do it... I could take a lie detector test to prove it as well

however, would they even allow him to proceed.

 

Plus, can my work fire me for a 3rd party filing a law-suit against me for somthing i never did or took part in?

 

Please Help!!!!!

Unfortunately, if someone chooses, they can sue you for just about anything these days. Will it result in anything? Not likely..sounds like an individual with nothing better to do. As for the paper, if there is no "right to work" law in your state, any job may terminate your employment at anytime without cause. Stinks, but that's the reality of it.

evan - no worries. people threaten to sue people all the time. he's just being a loser photographer. it's a good thing b/c his customers will realize he's not good, and hire people like you and me :-)

 

> can my work fire me for a 3rd party filing a law-suit against me for somthing i never did or took part in?

 

that is a much more interesting question, and the one that I would be much more concerned with! if your work would fire you based on the filing of a lawsuit (regardless of whether it goes anywhere), you need to find a new job!

If he wants to sue he can... Most likely nothing will come off it....Don't be over defensive it sometimes could like your guilty (IE lie detector)...As for your job well it depends on what state you live in.

Has anyone talked to the driver involved? If he backs ups the other photographer story then there may be a problem. Do you have some sort of contract with the paper you shoot for? If so then they may be limiting their liability by terminating you in the event you're sued.

 

I feel there is more to the story here, one of the things I would of mentioned in the original post is the drivers response. It seems to me the first bit of information of importance.

OK...so maybe this is the other half of the argument:

 

http://www.photo.net/wedding-photography-forum/00QAnB

This guys threads are weird and getting weirder, maybe someone should do us all a favor and delete them. Seems he just signed up to post a couple of "sue" questions.

Evan - we're not getting the full story here - and I'm not sure this would be a wise place to run it out. I'm not a lawyer,

so there is no legal basis to my thoughts here.

 

I've read both your posts, and it sounds to me (and of course I could be wrong) like you have some personal or

professional history with this other photographer, which seems to be resulting in a 'my patch, your patch' dispute,

which has escalated to the point of lawsuit and countersuit.

 

What does your contract say? Are you working on the basis of a freelancer and paid per image that you supply, or

do you receive a salary and have a permanent position? Only your contract can tell you on what basis they have the

right to fire you, or not renew your contract.

 

IMO, if your work is firing you just because a third party files a lawsuit (without having even lost yet), then it's

probably time to move on anyway and make alternate plans in the longer term.

 

Whatever you do, run it past someone who can give you sound legal advice - contact your union if you are in one as

part of your employment.

"There is another photographer down at the tracks who has...threatened to file a law suit claiming I told a driver I would put his picture in the paper If he bought 5 photos from me"<br>

Really. So what? What exactly would this other photographer's claim be? How was this other photographer damaged by your supposed actions? If you are worried then you are worried about nothing.<br>

You, on the other hand could counter sue for slander if his lies(?) cause you trouble at your job.<br>

I am not a legal expert but that's my common sense take on things.<br>

The other photographer has no standing to file a lawsuit over what you told a third party. However, a complaint over a conflict of interest like this would likely be looked at seriously.

 

It does seem like you would be well served to get familiar with the general issues regarding publicity (promotional use of images), privacy and defamation, and editorial (newsworthy) and other non-commercial uses of other's images as covered by the laws where you are. They aren't the same everywhere.

 

You may need real, local legal advice. One thing to be aware of is public discussion of these kinds of things can be discoverable and can have impacts on the legal developments. You should only discuss this with your attorney and any other discussions should be consistent with his/her advice. It might also be a good idea to be sure you are on solid ground with your editor with respect to the mix of business for you and business for the paper.

 

Moving on into public "He said..." "I said..." discussions is almost certainly not going to be in your best interests.

I responded to the other post before seeing this one. I know you are hyped up right now so a step back to look at the situation is useful right now. Consider this: If photographers were the source to go to for legal advice, you would know the answer already. Consult with an attorney.

Sounds like your photographer friend is scared of a little competition.

 

you could always tell him to get off your back or you will put him in the newspaper, (let his mind work the rest out)

 

or personally, I'd have a quiet chat with your boss, explain the situation, and hopefully he will understand that people often try to cause problems for others and in the modern day, threats of court action is the most common & annoying