What is the name of your state (only U.S. law)? New York
Hello all, I'd appreciate some input on this matter.
My wife purchased a LivingSocial deal for a set of pictures with a professional photographer. She scheduled a session with the photographer, went through the whole thing with no issues. The photographer told her that she would contact her after the photos were edited. A few weeks later my wife met up for a consultation with the photographer. At this time, she showed my wife the pictures, *BUT* she couldn't have the pictures. The only way the photographer would let her get the pictures is if she bought prints directly from the photographer for an exorbitant amount of money (we're talking $200+ for each 8x10). So naturally she did not buy any prints from this woman, and was understandably upset. This woman, in my opinion, was essentially holding my wife's photos hostage unless she paid her price. There was NO mention of these extra costs up front (my wife paid I believe $150 for the livingsocial deal).
At this point we were at a stand still. My wife wanted the pictures, but could not justify the huge cost of purchasing the prints from this person. Ultimately she decided that she would not purchase the photos, and she requested that the photos be destroyed. She contacted livingsocial and explained the situation. That it was worded in the deal that you got a photo shoot, with prints included. And that the photographer never explained any additional costs until you were essentially on the hook. Livingsocial agreed and quickly refunded us the cost of the deal (approximately $150). My wife sent a request to the photographer that she would like the photos destroyed.
We thought we had put the situation behind us until we were informed by a photographer friend that this photographer had been using photographs of my wife in her promotional materials. Including on her facebook page, blog page as well as in print brochures that she is distributing at Bridal shows.
There was never a contract signed between this photographer and my wife stating that she was granted permission to use her photographs in promotional materials. If she were to ask my wife, she would surely object as she is a rather private person.
There is no way that this can be legal? Could someone shed some light on what the legal ground for this is?
I apologize for the long explanation, and I thank you all for your time.
-Ty
Hello all, I'd appreciate some input on this matter.
My wife purchased a LivingSocial deal for a set of pictures with a professional photographer. She scheduled a session with the photographer, went through the whole thing with no issues. The photographer told her that she would contact her after the photos were edited. A few weeks later my wife met up for a consultation with the photographer. At this time, she showed my wife the pictures, *BUT* she couldn't have the pictures. The only way the photographer would let her get the pictures is if she bought prints directly from the photographer for an exorbitant amount of money (we're talking $200+ for each 8x10). So naturally she did not buy any prints from this woman, and was understandably upset. This woman, in my opinion, was essentially holding my wife's photos hostage unless she paid her price. There was NO mention of these extra costs up front (my wife paid I believe $150 for the livingsocial deal).
At this point we were at a stand still. My wife wanted the pictures, but could not justify the huge cost of purchasing the prints from this person. Ultimately she decided that she would not purchase the photos, and she requested that the photos be destroyed. She contacted livingsocial and explained the situation. That it was worded in the deal that you got a photo shoot, with prints included. And that the photographer never explained any additional costs until you were essentially on the hook. Livingsocial agreed and quickly refunded us the cost of the deal (approximately $150). My wife sent a request to the photographer that she would like the photos destroyed.
We thought we had put the situation behind us until we were informed by a photographer friend that this photographer had been using photographs of my wife in her promotional materials. Including on her facebook page, blog page as well as in print brochures that she is distributing at Bridal shows.
There was never a contract signed between this photographer and my wife stating that she was granted permission to use her photographs in promotional materials. If she were to ask my wife, she would surely object as she is a rather private person.
There is no way that this can be legal? Could someone shed some light on what the legal ground for this is?
I apologize for the long explanation, and I thank you all for your time.
-Ty
