Help me if you can, please!

[lil_miss_frogg]

So, many of you know I had a free BD shoot that was offered to me if I allowed the photographer to use my pictures for promotional/portfolio use. With the session I was to get a free book with 25-30 pictures in it. He offered me a second shoot at the W Hotel in Atlanta if I were willing to give $25 towards the cost of the room (he already had the room booked for another shoot.) So, I did two 3 hour sessions.

 

Keep in mind that before the shoots he was very good about keeping me posted and answering and questions I had.

 

My first shoot was on Friday May 1st and my second one Saturday May 2nd. After my second shoot he said he would have the pictures up by Tuesday or Wednesday at the latest. May 5th I get an email saying my pictures are ready to be viewed, excited I went to look, 31 pictures to look at......with doing 6 total hours of shooting (around 400 pictures were taken), I was hoping I would have at least double that to view. I emailed him that day asking if he was going to post more, because there were some that he took that I wanted to see. He emailed me on the 7th saying there may have been some more he could post and would in the next couple days. I waited patiently looking every couple of days to see if there were new pictures and nada. On the 18th I get an email saying he had family issues that had to be tended to so he wasn't able to. I felt bad, because I thought something bad might have happened, and let it go. On the 19th I get an email w/ my BD book proof for me to approve and wanted a quote I want printed inside. On the 22nd I emailed him my quote and a question about the price of a disk with all the pictures on it. Later that night I get a email giving me the prices of the disk, one price for print quality pictures and one price for web quality pictures. I think about it, and even discussed with you girls, and decided it was a good deal, but not within my budget at the time. May 27th I sent him an email to him stating that and asked what it would cost for the price of a disk with just the pictures in my gallery along with the pictures he said he would put in there but never did. Later that day I get an email from him saying he ordered my book and to make an offer on the disk. I emailed him back on June 1st stating I didn't want to make an offer and it be to low and offend him among how I felt about not being given the opportunity to look at the other pictures he told me (two or three times) that he would. Or to have the choice of what pictures went into the book.

 

In the meantime, I have been in contact with another forum member, who will remain nameless for her sake, which had her shoot at the end of May and is meeting with him Tuesday of next week to pick up her book. HELLOOO, I still have no book and my shoot was over a month ago. I feel that I have been more then patient with him and deserve to get a disk of all the pictures so I can take my pictures and make my own book with the pictures I choose or the book that he agreed to give me for allowing him to use my pictures for promotional/portfolio use. As you can see from the above novel, I have kept every email that has gone between the two of us, so I am very serious. This was supposed to be an anniversary gift for my FI, which was May 5th, so I did the shoot and told him he was getting something he was just going to have to wait a little while to have it.

 

At the beginning of the Month it was brought to my attention that my password for my pictures wasn't working....curious I went to the site and found that you had to have a password to enter the Atlanta folder, which now only had 1 gallery in it vs. the 5 that were in it previously.

 

Anyway, the point of this long rant is to get your advice as to what action you girls think I should take. I did tell FI what I got him and he has had to deal with my moaning and groaning and thinks I should contact our lawyer and see if I have anything to do. I know there are a few lawyers on here and it would be nice to get some input from you.

 

Thanks for anything you can tell me. And sorry this was so long.

[-Kate-]

Did you ever sign any sort of contract with him? What was in writing/email regarding what would happen prior to him taking the pictures?

[lil_miss_frogg]

IN the emails leading up to the shoot consisted of me asking him questions about outfits and his replies. Here is the very first email he sent me:

 

Samie -- of course I have interest, beautiful women come in all shapes and sizes :-) Here's a bit more detail... We are opening a studio for boudoir/lingerie/nudes/maternity and are currently looking for females to come in and have a shoot with us at no charge to you. For your time we will supply you with a small book of photos. The photos will be used in conjunction of starting our business for promotional purposes. If you decide that you would like to do some nudes, but do not want them used in our marketing then we will not use them for our marketing. Basically you need to let us know when you would be available for the shoot, arrive with your hair and makeup done, and with 3 or 4 lingerie type outfits that you would like us to photograph you in. Of course you can always bring an over-sized mens shirt, a football jersey, white t-shirt and boy shorts.... the list and combinations could go on forever. You are welcome to bring a chaperon if you like as long as they are over 18 and can keep a low profile. I prefer that you do not bring your significant other as you will be self conscious during the shoot and that will not lend itself to good photos. Please let me know if you have any additional questions. We are looking to complete all shoots by 4/30 - please let me know if you can make it for a shoot before that date.

 

The only thing I signed was stating he would only use my pictures for promotional/portfolio use.

[JenniferSS]

Basically you received a free session and a session for $25 and will be getting a book (for free- that actually cost the photographer money & time) and now your upset because the photographer is willing to work with you and is letting you offer a price on the CD but is putting paying clients first and not providing additional services (the extra photo's editing and ready for viewing ) and providing you with more options to pick from for free or at a great cost savings to you?

 

I guess I just don't get it. It was free, you got exactly what was promised, the photogrpher tried to do more but a family emergency came up and now you want to look into a lawyer to squeeze more out of this photogrpaher?

 

I understand you may not have the budget and really wanted to see the others and have choices but

1.please keep in mind that this photogrpaher is running a business and can not afford to keep piling on additional items for free- his skill and time have value. If he had a family emergency that meant that it took time away from his other paying clients that he had contractual obligations to.

2. Your upset because a paying client recieved their book before you received yours- I'm sorry but that makes perfect sense.

[lil_miss_frogg]

I am sorry but I do disagree with you. I have not gotten what was promised, I do not have a book of pictures as promised. Also, I do not have an issue with paying clients coming first. But with all due respect, my shoot was a month before hers and she has been able to get her book in a matter of a week and a few days. He will not email me back as he has been in contact with the other customer. On another note he promised me on many different occassions that he would post additional pictures. I got 31 to view...doesn't seem like a lot when we did 6 hours of shooting. The other girl did one session and she had more pictures then I did to begin with. I posted this thread hoping to get help, not to be bashed for being worried.

[lil_miss_frogg]

Also, I am not trying to sqeeze more out of this guy. I want what I was promised that is all. And yes if I do not get what was part of the agreement, I do not want him having my pictures for his use and I will take him to small claims court and get what was part of the agreement.

[JenniferSS]

Certainly not trying to bash-just provide a bit of perspective.

 

A family issue came up so he couldn't do extra free services- I just don't see why your so upset when he unfortunately couldn't deliver because of a family emergency. It wasn't in a contract nor something initially agreed upon ( ie you will get to view 100 photos) and was something that this photgrapher was trying to do to be accomodating and make you happy. I can however see why you'd be very disappointed especially when you wanted to give it as a gift.

 

You could try small claims court but when you signed the model release those pictures are free & clear his- to use as he sees fit, within the boundries of the model release form. Unless there was more to it than that.

 

I guess I would just be thrilled that I had received so much for just a couple hours of my time. Yes he can now use those photo's in his porfolio but eventually you will receive the book and some great shots.

 

You said he did tell you that the book is coming. I'd focus on finding out what the time line is on that ( although from what you provided from the initial email that also wasn't stated). Maybe he is trying to get the time free to add more photo's to appease you and that may be the delay-maybe he's become extremely busy as it is now wedding season.

[lil_miss_frogg]

As I stated he ordered my book on the 27th, and the other girl's shoot was on the 30th. I have emailed him to find out the status of my book with no reply from him. Also, this is a photographer that doesn't do weddings only BD sessions. And he is still not well known in the area.

[KLC77]

For what its worth, I'd also try to find out a timeline on when you would be receiving the book that was promised to you. They delay may actually be that he's trying to make you happy by adding more photos, but hasn't gotten to it yet. I agree the current lack of communication would be frustrating to me. Do you have a phone number for him? Its much easier to delay responding to an email than it is to ignore a ringing phone. Now that I think of it, May 27th wasn't that long ago, if he just ordered the book then.

[Sapphire723]

When was the date he agreed to have the book for you by?

 

From the agreement you mentioned, it doesn't seem like he ever agreed to give you a copy of all of the pictures shot. He only agreed to give you a book of about 30 shots. Technically he has the rights to all of the pictures as long as he gives you the book as promised, so why would he give it to you for free so you can print it somewhere else? Was that part of the agreement?