Legal Question in Consumer Law in California

Hi,

I recently had a photoshoot done. It was my first time that I have paid for a photoshoot. I purchased a Livingsocial deal for this photoshoot. The Livingsocial deal was $29 which included two 4 by 6 fine art prints with a 1.5 hour photoshoot session with 3-4 outfit changes. After I completed the photoshoot, I purchased five additional photos (4 by 6 prints) for $50 per photo totally $250. Days to a week after the photoshoot, I emailed the photographer to see how much a photo would be for a bigger size (8 by 11). He emailed back that it's $95 per photo. So, I was shocked that it cost so much so I requested files for the digital prints so I can reprint the photos. However, I was told by the photographer I do not have ANY rights to the photos; only he did. If I want the rights to them, I would have to pay $250 per photo. I feel like I have been taken advantage of. If he had told me this upfront, I would not have agreed to do the photoshoot. I didn't sign anything.

Is the photographer correct in terms that I have no rights to the photos? Please advise.

Thank you


Asked on 4/09/14, 8:38 pm

2 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

It is not uncommon for photographers to charge for the photos or charge for the digital photos and transfer the copyright to you. Expecting that they take photos for $29 and you have the full rights is probably an unreasonable expectation.

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Answered on 4/09/14, 11:17 pm
Carl Starrett Law Offices of Carl H. Starrett II

You only paid $29 and spent 90 minutes to with the photographer. I think it is unreasonable for you to expect any rights to the photograph. Selling the photos is how a photographer makes money and this type of practice is very common.

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Answered on 4/10/14, 3:47 am


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