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Ansley · 02-09-2010, 07:16 PM

Help for a friend

I have a close friend that has a big dilemma. She did a photo shoot with a very well known(in our industry) very pricey photographer at a 5 star hotel.Today the 5 star hotel contacted her on her work phone stating that her pictures had to be taken down because no paperwork was signed allowing photography at their hotel.She told them that she went to the hotel(where photographer was staying)to do the photo shoot and assumed the photographer knew what she was doing and did not think it was a problem. The hotel told my friend that she had two weeks to have the picture down or they would contact their lawyers.The hotel staff provided her work number ,was very respectful, and said that she could be reached again.
My friend spent nearing 4 grand on the photo shoot and new website,along with a lot of long hours perfecting the site and is devastated.

Do y'all have any advice that I could pass along to her?

John Bull · 02-09-2010, 07:31 PM

She needs to take them down and hire an attorney. She'll lose any claim against the hotel or her attempt to keep the photos on public display but she may collect from the photograper for failing to get a release from the hotel.

Marcus Aurelius · 02-09-2010, 07:32 PM

Contact a lawyer. My gut says she's not going to win this one. Lobby pics, etc that can identify the hotel are a no no.

atlcomedy · 02-09-2010, 07:46 PM

1) Know that you aren't going to win vs. the hotel
2) Go ahead and take the pics down
3) Unless you have a "friendly" lawyer realize they won't take this on contingency and $4k will go real quick

I actually suggest holding off on the lawyer & first explain the situation to the photographer and see what kind of relief/agreement they might agree to. Cut your losses. I don't see any reason to see whatever recovery might be available chewed up by legal fees. Afterall if this photographer really is that good/well known things like reputation will matter

charlestudor2005 · 02-09-2010, 07:49 PM

B4 she hire a lawyer, she needs to put the photog on notice of what is going on in writing. If he's as reputable as you say, he'll own up to the mistake and cover her losses. If not, then she needs to hire a lawyer. She needs a good commercial transactions lawyer who is licensed in the state where the photog is because that is where the suit, if any, will be.

Rudyard K · 02-09-2010, 08:10 PM

Quote:

Originally Posted by charlestudor2005

B4 she hire a lawyer, she needs to put the photog on notice of what is going on in writing. If he's as reputable as you say, he'll own up to the mistake and cover her losses. If not, then she needs to hire a lawyer. She needs a good commercial transactions lawyer who is licensed in the state where the photog is because that is where the suit, if any, will be.

I agree with CT's advice here. Call the photographer and let him know the problem. If he is reputable, he will probably just redo the shoot somewhere else at no cost. The time she spent workng on her sight?...probably a loss and cost of doing business.

Hiring a lawyer is OK, but will probably not result in a satisfactory financial outcome. She'll spend more (uncompensated) hours working on this...either share a fee of 40% of the reward, or pay by the hour a bunch of money...and still have to redo the shoot and spend the hours orking on her sight. I am seldom financially happy from hiring a lawyer...even though I do it often. But most the time it is for satisfaction other that financial.

If she can work it out, with just a loss of her time, IMHO, that is about as good as it gets.

charlestudor2005 · 02-09-2010, 08:33 PM

Quote:

Originally Posted by Rudyard K

I agree with CT's advice here. Call the photographer and let him know the problem. If he is reputable, he will probably just redo the shoot somewhere else at no cost. The time she spent workng on her sight?...probably a loss and cost of doing business.

Hiring a lawyer is OK, but will probably not result in a satisfactory financial outcome. She'll spend more (uncompensated) hours working on this...either share a fee of 40% of the reward, or pay by the hour a bunch of money...and still have to redo the shoot and spend the hours orking on her sight. I am seldom financially happy from hiring a lawyer...even though I do it often. But most the time it is for satisfaction other that financial.

If she can work it out, with just a loss of her time, IMHO, that is about as good as it gets.

Agreed.

Katy Alexander · 02-09-2010, 08:38 PM

If it is the photographer that I think it is I am unfortunately not surprised.What a terrible situation the financial loss is bad enough, but you also end up putting in so much extra time , and money for clothes/hair/ travel etc etc.Her photographer needs to make things right by refunding her money, and possibly offering her a future shoot for free , because of the inconvenience.

Some of the photos may be saved by doing a close crop , or blurring the background to where you can not recognize the hotel, but even then I still think she deserves a full refund.

hesitantly · 02-09-2010, 08:41 PM

If the photographer won't re-shoot elsewhere, it seems to me that the cheapest way to recover would be to have her pay someone to alter your photos, via Photoshop, so as not to be recognizable as the hotel.

tylorblake · 02-09-2010, 08:49 PM

First, thank you Ansley for seeking feedback about my problem.

I am completely devastated. I put my heart and soul, along with many hours into getting my website to be exactly how I wanted it......and now it seems that it was a complete waste of time and money.

Currently,here is my plan of action. I welcome feedback. I have tried to contact my photographer. She has yet to get back to me but when I do reach her I plan to tell her about the call from the upscale hotel.I have considered asking that she photoshop the background of the photos so that the hotel furniture and other distinguishing items of the hotel are no longer in the pictures.
The lady that called me from the hotel was rather respectful and considerate. I asked her how long I had to take the photos down. She said two weeks. She could have said two days. She also gave me her direct work line. I thought I would call her after the photos have been photoshopped and tell her that the photos no longer show any interior of the hotel.
Please visit my website to get an idea of what I am talkng about..
One other note.The photographer owns the copyright to my photos. I prefer not to start the rumormill about my photographer as I hope to handle things gracefully with her.
Thanks guys.You are one smart bunch!

Tylor Blake
www.tylorblake.com

ed_mustafa · 02-09-2010, 09:05 PM

Quote:

Originally Posted by Rudyard K

I agree with CT's advice here. Call the photographer and let him know the problem. If he is reputable, he will probably just redo the shoot somewhere else at no cost. The time she spent workng on her sight?...probably a loss and cost of doing business.

Hiring a lawyer is OK, but will probably not result in a satisfactory financial outcome. She'll spend more (uncompensated) hours working on this...either share a fee of 40% of the reward, or pay by the hour a bunch of money...and still have to redo the shoot and spend the hours orking on her sight. I am seldom financially happy from hiring a lawyer...even though I do it often. But most the time it is for satisfaction other that financial.

If she can work it out, with just a loss of her time, IMHO, that is about as good as it gets.

I agree with Rudyard. I've seen this scenario played out a few times. The photographer should have obtained a property release. The odds of a hotel giving said release is slim to none, but without it, your friend is out of luck. Lots of photographers think they can sneak in without a property release, because "who would see an escorts pics"? Since the shots are for advertising, your friend has to have a property release from the hotel! Without it, this could happen again. Just because the photographer is paying for the room doesn't mean the photographer can use images taken in the room for advertising. The "image" of the room is the intellectual property of the hotel.

I'd tell her to try to do a reshoot.

I'd think twice on the retouching/bluring. You'd lose a lot of the character of the shots. If reshooting is not an option, REFUND! Your paying for nice shots in a nice setting, not nice shots in a blury background.

Hope it works out.

Ed

pjorourke · 02-09-2010, 09:09 PM

Its a shame. Tylor, those are some hot pics and a great looking website. Chill a bit, this will work out.

FWIW, I think the photographer should offer to photoshop the backgrounds (to the hotel's satisfaction) as a short term fix. (Some pics may not need any -- e.g., the one in the bed -- that white sheet could be anywhere.) That way you can keep your site reasonably intact. He/she should then give you a free shoot next time she is in your area. This time I am sure that you will check that she has proper releases.

Marcus Aurelius · 02-09-2010, 09:11 PM

Who's Tylor?

Ansley · 02-09-2010, 09:30 PM

Quote:

Originally Posted by Marcus Aurelius

Who's Tylor?

She is the lady that is having problems with her photographs.

Thanks everybody for all the informative comments.

Marcus Aurelius · 02-09-2010, 09:34 PM

Sorry, I missed that.