Forums > Model Colloquy > Question for photographers

Model

Mystic Princess

Posts: 279

Atascadero, California, US

I did a shoot on July 30th,2005 and the photographer has not sent me the CD and when I emailed them they ask my my address so that they can send my the CD. Now when I emailed them today they said that they have never worked with me. What can I do?
Darrelle
[email protected]

Oct 14 05 12:16 am Link

Photographer

Columbus Photo

Posts: 2318

Columbus, Georgia, US

Maybe you just drempt that you worked with him?  wink  Just kidding.  There are a million of these threads on the board.  I think it runs second to the flakey models threads.  Keep hounding them until you get tired of doing it.  Or just chalk it up to experience.

Paul

Oct 14 05 12:19 am Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

ok thanks. This photographer is saying now that he does not know me at all witch os total "BS"

Oct 14 05 12:23 am Link

Photographer

Eric Foltz

Posts: 432

Lake Forest, California, US

I really like face to face meetings to iron out disputes.

Why not try this: They didn't send you a cd so technically you haven't been paid. Send them an invoice for your time since they don't want to give you a cd.

Eric Foltz

Oct 14 05 12:30 am Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

wow will try that. But how much?

Oct 14 05 12:40 am Link

Photographer

Marvin Dockery

Posts: 2243

Alcoa, Tennessee, US

Darrelle wrote:
wow will try that. But how much?

$500.00. If you have to collect, turn it over to a collection agency. They will collect for half of whats owed

Oct 14 05 12:43 am Link

Photographer

area291

Posts: 2525

Calabasas, California, US

If it was TFP, maybe you didn't live up to your end of the barter.  If the photographer felt that way he is under no obligation to provide images, there is no set rule that images are to be provided simply for showing up...and good models aren't forgotten.

Oct 14 05 12:54 am Link

Photographer

Eric Foltz

Posts: 432

Lake Forest, California, US

Darrelle wrote:
wow will try that. But how much?

Time worked x rate = fee + late fee (2x fee) = invoice amount.

Eric Foltz

Oct 14 05 12:55 am Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

No there is what the shoot was. There were 4 photographers and myself and another model shooting. We got alot of shots was going to the 2ed location to shoot when he got a call that his son hurt him self so he left. Also the other model has not even got her CD too,but she is just going to let it go and if he wants to shoot her again she will say no.
Darrelle

Oct 14 05 12:57 am Link

Photographer

Marvin Dockery

Posts: 2243

Alcoa, Tennessee, US

Darrelle wrote:
No there is what the shoot was. There were 4 photographers and myself and another model shooting. We got alot of shots was going to the 2ed location to shoot when he got a call that his son hurt him self so he left. Also the other model has not even got her CD too,but she is just going to let it go and if he wants to shoot her again she will say no.
Darrelle

Line up your witnesse before they get away.

Get as many names and addresses as you can.  You may need to prove your case, using the witnesses, against this guy in court. Have your lawyer ask that all of your legal expenses be covered, by the photographer owing you.  If not, legal cost could be more than you would get for you time posing. With witnesses you could go to small claims court with out a lawyer.

Oct 14 05 01:04 am Link

Photographer

Harrison Sweazea

Posts: 986

Jefferson City, Missouri, US

Was there any paperwork exchanged? Like a model release?

Like I always say, an oral contract isn't worth the paper it's written on..

Oct 14 05 01:06 am Link

Photographer

jwnice

Posts: 14

Portland, Arkansas, US

If the model I shoot with wants a CD, then they are provided with a CD of "raw" photos taken before they leave the shoot.  Laptops are wonderful for this.  If they want one that is edited, then the date for that is put in the release. I have found that most prefer the "raw" --  unedited version and do their own editing of the photos.

Oct 14 05 09:40 am Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

The other model and I only were told that we would get our CD's mailed to us but she too has not gotten hers yet. I emailed him at this OMP port and told him that I have still not gotten my CD. I'm still waiting for his answer.
Darrelle

Oct 14 05 11:51 am Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

Yes Harrison Sweazea the model release was exchange and a photographer release too. I will get everyon who was there their names,#,and address so if this person does not want to settle out of court than I will go to small claims. I do not want my rep as a model hurt by any of this.

Oct 14 05 11:54 am Link

Model

Envy

Posts: 11189

Nashville, Tennessee, US

Did the two of you respond via email prior to this?
If so forward him your conversation relating to the shoot to "refresh" his memory that the two of you had worked together.

Oct 14 05 11:57 am Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

Yes I sent him all the emails that we sent to each other. The photographer knows who I am because he sent me an email in Aug. asking for my mailing address to send the CD and I gave him my address but still have not gotten a CD or anything.

Oct 14 05 12:02 pm Link

Photographer

Craig Thomson

Posts: 13462

Tacoma, Washington, US

You refer to the “photographerâ€? as well as sending "them" an email. Was this a partnership or a freelance photographer?

Makes a difference if one partner is not talking to the other

Oct 14 05 12:07 pm Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

It was just the one photographer Craig. The other 3 photogrpahers that were at the shoot have already gave me their CD's.

Oct 14 05 12:17 pm Link

Photographer

Craig Thomson

Posts: 13462

Tacoma, Washington, US

Then was this a networking event?
I'd ask the three other photographers to help you "talk" to the fourth shooter.
Was this here in WA or somewhere else?

There is strength in numbers

Oct 14 05 12:24 pm Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

They have email him to and have not gotten anything back form him and the other model even email and he has not emailed her back. I'm not from WA it was in Cali

Oct 14 05 12:40 pm Link

Model

Semora

Posts: 344

Philadelphia, Mississippi, US

maybe he deleted them and wants it all to just go away!

Oct 14 05 01:09 pm Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

Yea that could be it too but he should have told myself and the other model so that we knew why we are not getting our CD's. I emailed him no last time if I do not get an email back I'm just going to let it go but warn other models about him

Oct 14 05 01:12 pm Link

Model

Semora

Posts: 344

Philadelphia, Mississippi, US

well..this is america..not everyone is honest and live up to their word. I know you are pissed especially some guy has your pictures. I guess take it as a lesson learned...CONTRACTS and AGREEMENTS. i guess models should make their own contracts. There's gotta be a better way to handle these situations with everyone. Maybe get references before modeling for a photographer.(same for some models) Don't just read the comments on his page but actually ask the models he has worked with. I guess it's time we start interview like for ajob. "So where do you see yourself in ten years?" lol

Oct 14 05 01:23 pm Link

Model

Mystic Princess

Posts: 279

Atascadero, California, US

Thanks all for your advice. I emailed one of the models that worked with him before she emailed him and told me off and is making him send me the CD and $100 for it being soooo late.

Oct 16 05 12:55 pm Link

Photographer

Shadows and Shapes

Posts: 49

Rome, Georgia, US

maybe he screwed up the photos and has nothing to give you and his pride keeps him from telling you he messed up, are there any images of you on his site?

Oct 16 05 04:50 pm Link

Photographer

Farenell Photography

Posts: 18832

Albany, New York, US

It sucks but I'd categorize it as a "war loss."

Whether you're a model or photographer, work long enough in this industry you'll eventually work w/ someone who doesn't live up to the agreement. Use this as a learning experience & move on.

Oct 16 05 05:22 pm Link

Photographer

Miguel Book 1

Posts: 1473

Washington, District of Columbia, US

Agree
Move on, never work with him or her again, learn to ask for a contract/release before the shoot to protect yourself.

Oct 16 05 05:43 pm Link

Photographer

Monsante Bey

Posts: 2111

Columbus, Georgia, US

You can either go through more months of bullshit, headache, stress and aggrivation or just chalk it up as a loss and move on with your life.

Oct 16 05 05:55 pm Link

Photographer

ProShotPhoto

Posts: 486

Bellingham, Massachusetts, US

Marvin Dockery wrote:

Darrelle wrote:
No there is what the shoot was. There were 4 photographers and myself and another model shooting. We got alot of shots was going to the 2ed location to shoot when he got a call that his son hurt him self so he left. Also the other model has not even got her CD too,but she is just going to let it go and if he wants to shoot her again she will say no.
Darrelle

Line up your witnesse before they get away.


Just contact the other photographers and ask for their help in getting the cd.  They will get the guy to live up to his promises or the guy will be loosing his reputation

Oct 16 05 07:23 pm Link

Photographer

Tryingreallyhard Delete

Posts: 122

Dallas, Texas, US

Mail the photographer a certified letter stating there has been a "failure of consideration" because he has failed to provide you your images and therefore, all rights to use ur images granted in the release u signed are hereby revoked. 

Brian 

Oct 16 05 09:04 pm Link

Photographer

joe duerr

Posts: 4227

Santa Ana, California, US

Darrelle wrote:
I did a shoot on July 30th,2005 and the photographer has not sent me the CD and when I emailed them they ask my my address so that they can send my the CD. Now when I emailed them today they said that they have never worked with me. What can I do?
Darrelle
[email protected]

This may be a silly question but did you check his references before the shoot?
If he is doing it to you I am sure you are not the first. JMO I would post his name and an account on OMP since that is where you say he is.

Oct 16 05 09:15 pm Link

Photographer

Don Vaillancourt

Posts: 79

Mississauga, Ontario, Canada

Darrelle wrote:
Yes Harrison Sweazea the model release was exchange and a photographer release too. I will get everyon who was there their names,#,and address so if this person does not want to settle out of court than I will go to small claims. I do not want my rep as a model hurt by any of this.

How can they say they never shot you if yoiu have the model release to prove it.

Oct 16 05 09:49 pm Link

Photographer

David Bickley

Posts: 192

Washington, District of Columbia, US

Listen to the poster about the certified letter...Send that, revoke the rights to use your likeness.  Then if you see the images somewhere, you have every right to persue legal action...period.

Oct 17 05 04:28 am Link

Photographer

V Jeero

Posts: 146

Salt Lake City, Utah, US

I agree with sending an invoice, sending it certified, and then sending a scalding letter detailing the terms under which he shot.  If nothing else, tell him that he owes you X,Y and Z.  If he can't produce, then he owes you something, if he's really good, he should make good on his word and reshoot.  Buh.

When I shoot, pictures go online with a password protecting them.  They remain there for a month or so, until the model becomes disinterested in the pictures.  Then I take them off to make room for others.  This way, they can see all the pictures, ask for retouching on ones they like, and everyone is happy.

If someone is bound and determined to have a CD, I ask why.  And if they want it to post, my images all get watermarked at a small resolution.

Oct 17 05 05:39 am Link

Photographer

Monsante Bey

Posts: 2111

Columbus, Georgia, US

I just hope it wasn't lingerie or figure work.

Oct 17 05 11:51 am Link

Photographer

Imagemakersphoto

Posts: 786

Saint Paul, Minnesota, US

male-portfolios wrote:
Mail the photographer a certified letter stating there has been a "failure of consideration" because he has failed to provide you your images and therefore, all rights to use ur images granted in the release u signed are hereby revoked. 

Brian 

Oct 17 05 01:02 pm Link

Photographer

JMedkeff

Posts: 130

Anchorage, Alaska, US

Ben Allen wrote:
I agree with sending an invoice, sending it certified, and then sending a scalding letter detailing the terms under which he shot.

No. This is a conflict. The goal should be to win, not feel better. Sending a "scalding" letter is very likely to motivate stubbornness in the model's opponent. The best way to win is for her to keep her cool and act professionally, while relentlessly pursuing whatever substantive means are necessary to win.

Always stab your enemy while smiling at them.

Oct 17 05 09:05 pm Link