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Thread started 13 Dec 2011 (Tuesday) 15:22
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Lawsuit Against Photographer & Model Working For Me Refused To Give Me Photos

 
mrgooch
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Dec 13, 2011 20:37 |  #46

Well we know why the lawyer gave you that advice.



  
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runningthangs
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Dec 13, 2011 20:41 |  #47

He told me to sue both parties since they jointly liable.




  
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runningthangs
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Dec 13, 2011 20:42 |  #48

I have a statement from the model stating she isnt releasing the photos to me despite she having the raw images that the photographer gave her. She signed agreement as well stating my company owns all her work she does. So Im going after the model and photographer as well since they both have the raw images and refuse to give them to me. Its been over a year.




  
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eosphotomanoftennessee
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Dec 13, 2011 20:58 |  #49

Find a new lawyer, over a year and nothing out of your lawyer? He should be the one making contact to the two people in qustion, something smells fishy!


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willhunt
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Dec 13, 2011 21:01 as a reply to  @ eosphotomanoftennessee's post |  #50

You have the cards?

I have heard that there is some very good image recovery software out there.

Let HIM hire the lawyers.:D


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Dec 13, 2011 22:47 |  #51

This whole thing is all kinds of shady. You hired a photographer to use your 7d and your hd, and you let him take BOTH home, copy and steal the images, erase them from your hd and cf cards and it's been a year since this has happened? Somehow I have a feeling this images aren't actually worth your trouble. If you have to come to a photography forum and ask us what the images are worth, and your lawyer didn't have a clue (which I find VERY hard to believe) what to charge.... you've got more problems than trying to get back images you think you own. I'm curious to see a copy of said contract and where they are displaying the 'stolen' images. I don't see the need for both of them to lie about nudity as an excuse to keeping the photos for no reason unless you had something up your sleeve. If they had the intention of keeping them already they wouldn't have had to make something up and would have just kept them. The subject of nudity usually doesn't come up out of nowhere in a photog-model situation if it is assumed to be 'clothed only'.

It all smells fishy to me...I didn't see the other thread on it. Low post count, a year later...I think someone is just grabbing for straws. I'm keeping my eye on this one I am. OP, you might just be SOL on this one.


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runningthangs
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Dec 13, 2011 22:59 as a reply to  @ JackFlash19's post |  #52

The reason why I waited this long bc the statutes of limitations is 6 years. We been friends for years mind you. I gave them at least a year to turn over the goods and sent demand letters. But since he figured IP because he used my camera when he did the photoshoot despite working for me he believed he owns the photos. They will not release any of the raw images to me at all. I dont understand why the photographer would give the model the photos and not me. This is where things get complicated. My attorney advised me to file suit in small claims court where I think the limits per claim is 10K. He advised me not to sue in civil court because it will take 1-2 years before getting a trial and it would be a very expensive proposition. He states small claims is easier and faster and I dont even need an attorney either. He told me to price each photo at $35 and sue both of them at the same time for not giving me the photos and using the photos without consent.




  
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Drozz119
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Dec 13, 2011 23:04 |  #53

How much did you pay him to do the shoot? How much did you pay her?


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JackFlash19
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Dec 13, 2011 23:05 |  #54

They won't release any of the raw photos... does this mean you have jpgs of them currently?


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Tom ­ Reichner
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Dec 13, 2011 23:07 |  #55

It is entirely inappropriate to post this thread here.

This is the "EOS Digital Camera" section of the forum.

There is a "Business of Photography" section here on POTN.

This thread should have been posted there.


"Your" and "you're" are different words with completely different meanings - please use the correct one.
"They're", "their", and "there" are different words with completely different meanings - please use the correct one.
"Fare" and "fair" are different words with completely different meanings - please use the correct one. The proper expression is "moot point", NOT "mute point".

  
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runningthangs
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Dec 13, 2011 23:08 |  #56

I didnt pay him nor her anything for this shoot. We signed a contract about doing a reality show and that my company was paying for all the expenses for filming, editing, production, photography and neither the photographer or model would never have to pay a dime. If the production makes money then they would get paid. Only thing they received were clothing, food,hotel accomadations, etc. Far as the photography goes it says in the agreements that my company owns all the rights to all material they do.




  
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Drozz119
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Dec 13, 2011 23:10 |  #57

runningthangs wrote in post #13541791 (external link)
I didnt pay him nor her anything for this shoot....

Thats what I figured. Good luck


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JackFlash19
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Dec 13, 2011 23:12 |  #58

I'm assuming the reality show went south if you're trying to get these back now. I don't see how you can not pay either of them if the production didn't make any money and still sue THEM for not giving you the raw files. If the reality show was making money they would still be working for you and you wouldn't be here trying to get raw files a year later... If your show tanked you should suck it up and call the raw files parting gifts and be done with it


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runningthangs
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Dec 13, 2011 23:13 |  #59

JackFlash19 wrote in post #13541775 (external link)
They won't release any of the raw photos... does this mean you have jpgs of them currently?

I dont have the raw images nor jpegs. I have nothing from both the photographer and the model. In fact I have to sue the photographer for more because didnt even return all the equipment yet. I have the camera and hard drive and CF cards etc. But no images. The model has the photos and the photographer. I even have a recorded conversation with the model we both consented recently where she said that she wasnt honoring the contract nor giving up the photos because the photographer said I was going to use them for adult entertainment websites by photoshopping her images and putting them on other females. The photographer was my friend but after this situation happened we barely even speak now and he told me recently he isnt giving me the photos either.




  
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JackFlash19
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Dec 13, 2011 23:24 |  #60

runningthangs wrote in post #13541814 (external link)
In fact I have to sue the photographer for more because didnt even return all the equipment yet. I have the camera and hard drive and CF cards etc. But no images.

What equipment does he still have? All the equipment would have been my priority. I dunno, I'm done, your story doesn't add up. You're probably not going to get anything. It's not like you are claiming damages for them making money off of selling the images. They're using them in their portfolio. Being that you're friends and you're suing them...good luck with that.


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Lawsuit Against Photographer & Model Working For Me Refused To Give Me Photos
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