Legal Question in Consumer Law in Georgia

I paid and signed a contract for a professional photographer for 4 hours of coverage for our wedding with 400 edited photos but nothing states that we aren't entitled to all of our photos. Our wedding was four hours long and half of the reception is missing from the disk that we recieved from the venue. There are no pictures of the bouquet toss, garter toss, the second half of the reception or leaving the venue, pretty much after the cake cutting, there is nothing, which there was still a minimum of an hour left to our wedding. My family has photos of the photographer taking pictures of these moments but he states that he never did. There are priceless memories that we can not replace and definitely not what we paid for. We want to sue them in small claims court but we want to make sure that we have a case. I believe that since we paid for four hours of coverage, we should be given the 400 digitally edited photos as well as ALL of our unedited photos (including the photos of the different tosses, ect, that he claims to have never taken) or be compensated for the pictures that we paid for but somehow the photographer "lost". What kind of case do I have in small claims court with this information? Any advice would be great. Thank you.


Asked on 1/23/12, 4:43 pm

3 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

No one here has your contract, which would be necessary to see if you have a case. If your first sentence means the contract actually states you are paying for 400 photos, and you actually received 400 pictures, you likely have a problem. "Nothing states that we aren't entitled to all of our photos..." does not really work in a contract situation. You have a contract because it states what you WILL get for your money, not the infinite number of things you won't. You'll need to see a lawyer to review the entire contract.

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Answered on 1/23/12, 4:51 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one can answer what you might win (or if you might lose) without reading the contract. Most contracts contain language to protect the photographer, and with something as critical as a wedding, an hour with a lawyer to review contracts in advance is money well spent. If you wanted all the unedited photos the contract needs to have said that.

Note there may be language in the contract that bans suits altogether and requires arbitration.

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Answered on 1/23/12, 5:03 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

I will add that professional photographers normally will not provide the original unedited photos at all. The final edited pictures are their work ("art"), and they don't want unedited or bad pictures floating out there with their name on it. Again, it comes down to the contract, but what you purchased is yours, and what you did not purchase (unedited, etc.) are not your property at all even if it was your wedding and you in the pictures. Read the contract carefully.

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Answered on 1/24/12, 7:14 am


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