Legal Question in Civil Litigation in Florida
copyright wedding photos
my wedding photographer and i had a written contract for services and 'hard copy' photos. This contract has been satisfied. Two weeks after wedding, we made verbal contract for me to 'buy the rights' to the photos so that I could make as many copies as I wanted. Two months later photographer attempted to give me a disk with only 10% of the photos, stating the printing company took care of the retouching, therfore she did not have the retouched photos on the disk. I left 2 phone messages stating that I was not interested in paying money for 12 pictures, I wanted all of them. Photographer never called back until 3 months later stating now she is ready to have me buy retouched photos. I declined and she is taking me to Small Claims Court. My question: Did she break the verbal agreement when she tried to give me the disk with only 10% pictures and since I am 'buying the rights' does this mean the same as 'transfer of copyright'? I read that 'transfer of copyright' must be written to be binding, not just verbal. thanks!
1 Answer from Attorneys
Re: copyright wedding photos
Don't understand why she is taking you to Small Claims court. Unless it is for breach of oral contract. If this is the case, it sounds like you have a counterclaim for breach as well.
There is obviously more information needed to completely advise you in this situation. Has she filed suit yet? If so what are her claims? Have you responded?
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