Legal Question in Legal Ethics in Florida
unsatified photography client
i'm a 4th year photography student. had a women hire me to do family portrait. payment was worked out verbally: $300 flat fee for my services + cost of prints. if she was to go to a professional photographer, a project of that scale would have cost them thousands. after shoot, got paid for services. gave client test prints and negatives to look over. got a phone call, she says they don't like them and requests her money back. after refusal of pay back, she now threatens legal action. keep in mind she is in possesion of prints and negatives at this time, and paid me for my services. you can't eat a hamburger and then ask for your money back? i just wanted to know if she has any kind of justifiable case, or if i should just not worry about her nonsense threats.
1 Answer from Attorneys
Re: unsatified photography client
From your description, she has no case -- but, as the saying goes, there are always two sides to every story. Your position is not as solid for a few reasons.
First, you have nothing in writing that would describe your contract. If she says that the contract for the work was contingent upon her liking the photographs, then -- under that "contract" -- you would lose, since the contingency was not fulfilled.
Learn from this mistake. Draw up some simple agreement that describes what you will do and its cost and whether money is ever refundable (if so, when).
Also, as a photographer, you should NEVER release your negatives. Typically in professional photography, ownership of the negatives and the right to make additional prints stays with the photographer. You have now seen one reason why.
Many photographers either send electronic or paper proofs that are watermarked as such.
Your contract should cover whether the client gets the negatives or not and whether additional prints can be made.
Good luck.