Legal Question in Consumer Law in Pennsylvania

Wedding Photos still not delivered!

I hired a photographer to photograph my wedding. It is now 1.5 years later, and I still don't have any proofs. The contract indicated delivery within approx. 4-8 weeks. After many lies, I find out that the reason for delay is because the photographer is getting a divorce, and there are issues re: ownership of the business. I have secured a release from the husband which allows me to pickup the photos, which I will have to pay for out of my own pocket, despite already paying my photographer in full for the job.

Now the photographer is refusing to sign a release that allows the lab to deliver the photos directly to me, unless I sign a hold harmless agreement which will protect her, and keep her from being responsible financially for the cost of development (again, I already paid her in full, including this development cost).

I feel as if I have been held hostage and being forced to sign a legal document that limits my rights as the consumer without getting any benefit in return. On the contrary, I incur a large bill with no opportunity to try and collect my money after the fact.

Since the matter is in regards to photographs which she owns the copyright to, I feel suing is a waste of time.

Please help!


Asked on 10/17/07, 12:05 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Wedding Photos still not delivered!

You asked about getting wedding photos.

Suing is the perfect answer. (And if you didn't want a legal answer why ask the question here?) The law is not clear that the photographer owns the copyright. You hired the photographer to shoot a day, and therefore you have a legitimate claim to work for hire irregardless of what is agreed to in the contract. Work for hire means the photog has no claim to copyright.

You should not sign a hold harmless but should rather sue everyone in sight and make them sort it out. And make the suit a doozy so that they don't screw around.

Don't know if you've been reading the news, but there's a bride in NYC suing a florist for $300K because the flowers were the wrong shades.

Don't let them make their problem your problem. Sue everyone and let the court settle it. You might even consider filing an interpleader in the ongoing divorce action. That should get some attention.

Regards,

Roger

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Answered on 10/17/07, 12:29 pm


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