Legal Question in Entertainment Law in California

Who do i sue? The agency or the photographer?

I recently signed with a modeling agency in Los Angeles. I was told by the agency I need new pictures. They sent me to there photographer. I was told to pay them a deposit of 250.00 and the balance of 200.00 to the photographer. When I got the photos back from the shoot, the photos where discolored and on alot of the pictures my head was cut off. My complant is with the quality of the pictures and the fact the agency sent me to someone that was not a professional. I asked both the photographer and the agent for a re-shot or a refund and they refused. I have already contact the BBB and filed a report, but I need to get my money back. So who would I sue? I informed the agency that I would have to sue if this matter was not taken care of and they told me I could not sue a photogrpaher becuase it is up to artistic judgment. Is this true?


Asked on 5/20/04, 5:10 pm

1 Answer from Attorneys
Erik Hart Law Office of Erik A. Hart

Re: Who do i sue? The agency or the photographer?

First off, and I know this comes too late for you, the cardinal rule of talent representation is the client never pays the agency up front. PERIOD. END OF STORY. If you find yourself dealing with an agency who wants money from you up front, or is requiring you to have photos taken by someone that works for them, that is a big flashing neon sign to FIND A NEW AGENT. A legitimate talent agent will ask for no money up front, and will be happy if you go to any reputable photographer who does talent composites.

As far as the advise that you "can't sue the photographer because of 'artistic judgment'", this is complete and utter NONSENSE! Just another blinking neon sign that you're dealing with an unscrupulous bunch.

For the small amount of money you are talking about, your best bet is to sue in small claims court. You should file against EVERYBODY, including the Agency, the individual agent ( if there is one) and definitely the photographer, and let the Court figure out who is liable. I would also check into filing a complaint with your state department of labor, as many states (CALIFORNIA included) require that talent agents be licensed and bonded.

There are many low cost and free legal aid societies that can help you prepare your case. You should find one in your area and see if they can help you.

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Answered on 5/20/04, 5:48 pm


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