john_h.1 Posted August 13, 2013 Share Posted August 13, 2013 <blockquote> <p>Can some people not read the OP? He says... ...The decision to do editing was the guy's decision and was outside of the original contract specification. Sheesh.</p> </blockquote> <p>Can you not read what the OP says? That's part of the story the OP changed his from the photographer resisting doing the shoot over and "finally" agreeing to agreeing "right away".</p> <p> </p> <blockquote> <p><em>"I said I just need to take the pictures, I dont need editing... ...At the beginning he didnt want to do it because he was scared of it and he wasn't experienced enough but again I repeated myself that it doesn't matter how its gonna go for him because he is not a pro and I just need someone to take the pictures and because he has some of the equipment he could just take the shots and it doesn't matter how its gonna turn out... ...So finally he agreed on it... ...I said I could edit the pictures by myself but he refused it because thats his work and he wants to do everything or at least a part of it and I repeated myself again that even RAW material will satisfy my needs and I wont touch it. He agreed on facebook to this also."</em></p> </blockquote> <p><br /> Not only is there a credibility issue with what was actually agreed on, the OP changes the story YET AGAIN by reporting to us a discussion where the OP tells the photographer he is agreeable to editing...</p> <blockquote> <p><em>"The only reason I said that we could transfer it to my computer because I didnt want you to work <strong>to much but if you'll do the editing and stuff like that so I wont need to do it</strong> and you can definitely keep them and you can use them for your future projects for your photography"</em></p> </blockquote> <p>and registered no disagreement to the photographer telling him...</p> <blockquote> <p><em><strong>I'll edit the best ones and send you my main shots</strong>, and then I can send you any unedited shots you still want.</em></p> </blockquote> <p>Then he conceded that the story has changed when he said...</p> <blockquote> <p><em> "It wasn't even like I said in the beginning.</em></p> </blockquote> <p>As to the main issue, timeliness, he tells us...</p> <blockquote> <p><em>"I gave him more time"</em></p> </blockquote> <p><em><br /></em>The OP's words, in quotes show him agreeing to editing and more time.<br /> </p> Link to comment Share on other sites More sharing options...
katrin_d. Posted August 13, 2013 Share Posted August 13, 2013 <p>You all, of course, realize that you spent more of your time and thus money on this than the original poster was willing to pay for the photos in the first place?</p> Link to comment Share on other sites More sharing options...
bernardwest Posted August 13, 2013 Share Posted August 13, 2013 And yet, John, the "photographer" STILL hasn't delivered. And even more reprehensibly, he is threatening NEVER to deliver. Link to comment Share on other sites More sharing options...
john_h.1 Posted August 13, 2013 Share Posted August 13, 2013 <blockquote> <p>"you spent more of your time and thus money on this than the original poster"</p> </blockquote> <p>That would be true if we would otherwise be billing for work every waking moment of our lives. People tend occupy some of their spare time with all manner of silly trivial matters. This happens to be one of them. But, to some extent, these kind discussions provides some perspective for people which can be utilized in their own activities. Identifying problems leading to solutions or avoidance. </p> Link to comment Share on other sites More sharing options...
john_h.1 Posted August 13, 2013 Share Posted August 13, 2013 <blockquote> <p>he is threatening NEVER to deliver.</p> </blockquote> <p>Given the lack of credibility the OP has demonstrated here even as to his own version of events, I question the accuracy of this claim. I'm not calling him a troll or accusing anyone of lying, just pointing out a big problem with the story. It may just be a perception issue. I don't know.</p> Link to comment Share on other sites More sharing options...
rick_chen Posted August 13, 2013 Share Posted August 13, 2013 <p>ERRmmm...wake up! You are not going to get your pictures using legal route for a $100 with no agreement. You probably spend that $100 paying for gas to drive to the courthouse, filing the small claim fee, paying ridiculous parking fees for 2 visits, trying to track down the photographer's information, and taking hours off work. You are not thinking right when you hire someone in this manner for your big wedding day, and after this is over using another set of expectations on this individual. And then thinking about suing him you are STILL not thinking right.<br> Agree with everyone else's comments on here. Apologize, be nice, give him his entire lifetime to work on the pictures because he is not obligated to give you anything, offer some additional cash to try to get them back QUICKER for your own benefits.<br> Again, we are not talking about 3 hrs. It's several hours at the practice shoot, 3 hours at the wedding, 1 hr equipment prep, download and backing up, and edits and screening for 1000 pictures. PLUS mileage and gas expenses, 1000 click wear on his camera, flash and lens. Easily 3 times the amount of time agreed.<br> Obviously you dont value photography very much because you think pictures for your wedding day is worth $100, so why bother about the pictures now? Be good to your wife and have a great life together. The pictures? offer $300 to get them back, and hopefully the photographer will show up when he is short of cash, some day</p> Link to comment Share on other sites More sharing options...
StuartMoxham Posted August 13, 2013 Share Posted August 13, 2013 <p>Regardless of what was or was not paid the photographer agreed to shoot the wedding and now within a reasonable timeframe needs to produce the pictures and get them to the couple.<br> I doubt the either party really realized what was involved in the whole process so they were promised too quickly. If the pictures were said to be ready in a couple of weeks then it is only natural to ask if they are ready after a couple of weeks.<br> I suspect the inexperienced photographer became snowed under with the post processing so needed more time. At some point though he needs to have the pictures ready and they won't process themselves so that he needs to get on with it and get the job done.<br> The couple needs to relax and let the guy produce the pictures. They also have to remember that they themselves asked the inexperienced photographer shoot the wedding in the first place.</p> Link to comment Share on other sites More sharing options...
john_h.1 Posted August 13, 2013 Share Posted August 13, 2013 <p>An excellent realistic post by Stuart. This thing can still be fixed.</p> Link to comment Share on other sites More sharing options...
virginia_john_mybusiness Posted August 13, 2013 Share Posted August 13, 2013 <p>As a photographe and a lawyer, let me suggest an arbitration pathway here not uncommon in legal disputes and based on sound legal principal. Let a third party determine the fair market value of the service and the photographs and that should be the settlement amount upon delivery in a reasonable time.</p> Link to comment Share on other sites More sharing options...
MichaelChang Posted August 14, 2013 Share Posted August 14, 2013 <p>Virginia, I think it will be difficult to determine fair market value through arbitration in this case where perceived value is an intangible, made worse by a photographer with no professional experience.<br> <br> I believe, at least in Canada, the worth of an individual's work is valued based on their typical income, in other words you can not claim exorbitant professional fees unless you've been paid those amounts in prior contractual arrangements. </p> Link to comment Share on other sites More sharing options...
mccosh Posted August 14, 2013 Share Posted August 14, 2013 <p>The poor photographer who sounds like he has limited experience and has probably never shot or looked at Raw files before. He was asked to shoot the wedding in Raw and I wonder if he got home looked at the files and thought that they were all flat and lifeless and is having trouble bringing some life into these files. Depending on what software he has he could be having a real problem and he might just think he has done something wrong. Just a thought.... </p> Link to comment Share on other sites More sharing options...
bernardwest Posted August 14, 2013 Share Posted August 14, 2013 Tell him to post them all here, we'll do them for him! ;) Link to comment Share on other sites More sharing options...
pjdilip Posted August 14, 2013 Share Posted August 14, 2013 <p>Seeing the number of responses, this seems to have touched a nerve in the community... my two bits, best is to be really nice and understanding, acknowledge the other guy's point before pressing your own, try to salvage at least a few best ones, enrol a friend or two rather than a lawyer. This is the advice given to me in a problem with a tenant who had stopped paying the rent. Law was not offered as an option. It makes losers of all...<br> OOps.. sorry I forgot to follow my own advice... should have said before anything, that we all feel sorry for OP, his new wife, and all the family and friends... it's not really your fault, you trusted the guy and had a g's agreement... Best is to get wife to talk to him how much you appreciate, and understand the pressure on him (feel for him!), but could he please just dump the whole thing on a flash drive or give at least a few of the snaps...</p> Link to comment Share on other sites More sharing options...
virginia_john_mybusiness Posted August 14, 2013 Share Posted August 14, 2013 <p>Bernie may have a good way of doing it. We could probably reach a consensus. The value would be "market" value. Not what that particular photographer might have charged, but what the market would accept. Fair market value is defined as "What a willing buyer would pay a willing seller, neither being under a compulsion to buy or sell." If the images are of poor quality, they may not be worth much. If they are of high quality, they might be worth a lot. Who knows. Sometimes the risk of either a high or low valuation in an arbitration drives the parties to a settlement. </p> Link to comment Share on other sites More sharing options...
john_h.1 Posted August 14, 2013 Share Posted August 14, 2013 <p>An arbitration isn't going to happen. The OP needs to lighten up and change his attitude and approach towards the guy he pushed to do the shoot and has been pushing since then. Then he'll get his images.</p> Link to comment Share on other sites More sharing options...
green_photog Posted August 14, 2013 Share Posted August 14, 2013 <p>Seeing how many responses this thread gets and other similar threds got, I think this subject of this forum has changed from wedding photography to wedding photography dispute resolution.</p> Link to comment Share on other sites More sharing options...
virginia_john_mybusiness Posted August 14, 2013 Share Posted August 14, 2013 <p>Is there a divorce lawyer in the house?</p> Link to comment Share on other sites More sharing options...
iv_cali Posted August 14, 2013 Author Share Posted August 14, 2013 <p>Thank you for all the responses here. <strong>[COMMENTS DIRECTED AT PEOPLE WERE REMOVED]</strong> Ill answer to everyone :) <br />The conversation that I have a record on facebook is valid proof, and it was an agreement which shows a breach of the contract:) It had all the parts that it could be considered as a valid agreement. Ill repeat myself again that I never said anything rude to the photographer and even though after he attacked me! I completely have a right to ask after the time passed how is it going with the pictures!? Instead of the normal answers he explains his whole story of his life etc. He had to deliver pictures on time as promised. The End! <br />Everyone understands if the person is having some issues in his life which delayed his work and I gave him more time. After I give him more time he should appreciate my understanding of his life situation because things happen to everyone and this is normal. This is the life, but it became an offensive issue of what he texted me and it might move on further on. In this case, he threatened me that he might not deliver pictures at all and we value those pictures way more and thats our right to do it. In addition he promised not to upload any pictures on the internet unless I approve! He never asked me and he still posted the picture. Even though this is his art and the pictures were made by him, he didn't have a right to upload them anywhere without asking me for permission. I'll still wait for it and hopefully he will deliver the pictures. I don't want to threaten to sue him or do something that would waste both of our times. I just want to get the pictures. If it won't happen, than we will talk in a front of third party. <br />And everyone should remember this, if you have any kind of proof of the agreement by 2 parties, E-mails, messages, conversations, screenshots, anything! Hold on to it and get what belongs to you! </p> Link to comment Share on other sites More sharing options...
William Michael Posted August 14, 2013 Share Posted August 14, 2013 <p>Well it is good that this seems to be resolved.</p> Link to comment Share on other sites More sharing options...
mccosh Posted August 14, 2013 Share Posted August 14, 2013 <p>THE END</p> Link to comment Share on other sites More sharing options...
iv_cali Posted August 14, 2013 Author Share Posted August 14, 2013 <p>Amen!</p> Link to comment Share on other sites More sharing options...
savagesax Posted August 15, 2013 Share Posted August 15, 2013 I was just reading a past post of the OP! It doesn't matter, but if the photographer took 4000 shots in 5 hours, well thats 800 shots per hour and that translates to 13 shots per minute! All for $100 I think the poor guy just needs time to edit 4000 images. I'm not making light of the situation. I'm just having fun playing the numbers game. I wish you the very best. Keep us posted since half the world knows about this now! Link to comment Share on other sites More sharing options...
iv_cali Posted August 15, 2013 Author Share Posted August 15, 2013 <p>He just said the number out of his head to make it big to show it as an example how much work it is. As far as I understand looking at that conversation. Plus, he wants to do the editing and he offered to do so. Im not requiring him to do anything with those pictures. I have photoshop as well and I've been working on it in the mean while so I have a pretty good idea how to do what I need to do. I just need the pictures. </p> Link to comment Share on other sites More sharing options...
john_h.1 Posted August 15, 2013 Share Posted August 15, 2013 <blockquote> <p><I>[ . . .]</I>...it was an agreement which shows a breach of the contract:) It had all the parts that it could be considered as a valid agreement. </p> </blockquote> <p>You just don't get it. People merely disagree with you and <I>[you make insulting comments at them]</I>?. The issue here isn't rally about legalities and contracts. Its about practicalities and how to deal with people. Even with this latest posting, it is revealed that you have a problem with that. Being hard headed and pushy with a negative attitude has not served you well here. Otherwise you would have had your images long ago regardless of your legal status.</p> Link to comment Share on other sites More sharing options...
William Michael Posted August 15, 2013 Share Posted August 15, 2013 <p>IV Cali: there was an explicit warning about commenting ONLY on the topic and NOT making comments directed AT people.</p> <p>This situation asked about seems resolved.</p> Link to comment Share on other sites More sharing options...
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