Chicago

My two cents
OhCharlie See my TER Reviews 504 reads
posted
1 / 6

So, this doesn't have anything to do with an agency in Chicago, but I thought it might lessen any drama that might come from it, and you guys are always pretty outspoken, so I hoped I would get a few more opinions.

I had pictures taken 10 months ago while with an agency. Between January and now, I've asked multiple times to have them retouched and used for advertising, monthly in fact, and they weren't. No big deal, I just kind of let it get put off cause everyone was "so busy", until all of a sudden, I'm independent, and would really like those pictures. Now, I apparently need to pay the photographer for the work he did almost a year ago.

Here's the thing, at the time, the pictures were supposed to be free if we were with the agency, and the girls just paid for retouching. I would totally understand if it were even three months between when they were taken and when I left, but almost a year later? That qualifies as being under the "agency policy", right?

I paid $1,300 to fly said photographer to a specific location and keep them comfortable for a few days, so that I could have pictures that didn't look like every single other girl on the agency page. This multi day trip turned into 4 hours of rushing around before the sun went down on the last day, because we always managed to be doing something to help the photographers business(es), never actually doing what I went out there for. Again, just trying not to rock the boat and get things done. But it definitely didn't exactly set the mood, and it definitely wasn't the "experience" I was hoping for. As you can see, I already have quite a bit sunk into these 4 looks.

The photographer also got 30% of whatever I paid the agency, so they were still making money off the old pictures, without ever doing anything with the new ones. I worked for them for a little over a year and a half, and at an average pay to them that was twice my rent every week, the photographer is not exactly hurting for money from me, and it has me a little sore, honestly. I literally paid him to take and retouch those pictures every week for a year and a half.

But now, I'm being told that I need to pay for the pictures, in addition to the retouching fee. Am I wrong to say "hey buddy, that's not what the deal was"? I really LIKED those pictures, to the point where some of them were being kept just for me, and the photographer was very aware of this. I never made it a secret that I wanted them finished ASAP, I just never threw a fit because everyone was just "so busy". I've offered to still pay for the retouching, or even have someone else retouch them if it's a hassle, but now I'm just being totally ignored. No response except for "hmmm" in going on 24 hours.

And the agency owner? They don't think I should be able to keep any of the pictures. Even the ones I paid for before the "free pics" agreement was made, or the ones that I have been using for the last however long for advertising. So no help there, though I'm not surprised.

Do I just suck it up and find a new photographer? There has just been SO much drama while I tried to leave the agency, I am pretty ready to just say forget it, even though I really loved those pics and have already put a lot of money into them. I mean at this point, they're almost a year old anyways. What is the best way to go about this, without getting myself into a battle with someone bigger than me? Obviously, I can't take this to court or anything, but if there's something I could do in this situation, or in an upcoming one, I would really appreciate the advice.

seeker000 24 Reviews 324 reads
posted
2 / 6

It sounds like you're never going to get the new pictures from the photographer without paying for them.  Since they are already a year old, you may as well spend that money on recent pics.  Find a new photographer and move on.

BTW, IMO the photographer is a greedy asshole.  He's made more then his share of money from your past agency from your photo session and is now trying to extort you for even more.  He should just give you the raw, untouched files in good faith and be done with it

Desk 241 reads
posted
3 / 6

The photographer technically does own the copyright to the images.  

Was there anything signed or any paperwork/contract as to how the images would be used. Even then, paying the photographer for his services generally entitles you to use the photos, just not owning them.  

I couldn't exactly follow your story, but if the agency hired the photographer, they have the right to use the photos or disseminate them as they see fit per their agreement with the photographer. If you paid the photographer for his services, you should also be granted some "use" of the photo. Not ownership, but use for the intended purpose which was obviously personal advertising. You couldn't for example, sell them for use in a national cosmetics advertisement without his consent or cutting him in.

But I'm not sure from your story if you paid the photographer, or just paid his expenses.

Hardwood469 18 Reviews 255 reads
posted
4 / 6

Now that you've publicly gotten it off your chest, move on. Nothing good is gonna come from this.

-- Modified on 11/7/2013 5:39:11 PM

Jamie.Solo See my TER Reviews 187 reads
posted
5 / 6
London Rayne See my TER Reviews 245 reads
posted
6 / 6

There is really no way to sugarcoat that fact. They are pretending you still work there, or why would they need your photos? As for the photographer, fk him. Get your pics, and go pay someone else to do the same work for probably much cheaper. Dennis Lindo will edit for 10 dollars a pic.

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