 TERESA J. SWEET |
Legal Question Hello, I have a question and I hope some of you can offer some advice. I know it can/may be different in each state, but put that aside please. What do you think of this situation?: A photographer was hired to photograph someone's wedding a little over a year ago. I accompanied him as a 2nd photographer. The clients have yet to receive anything but their proof cd from him. All attempts to contact him are basically useless. One couple paid him in full and another couple paid about 80%. Both couples plan on reporting him and take him to court, but both couples are looking to me to help them put together a wedding album. I am technically not part of his company. I am not sure if the couples received a copyright form to use at their discretion for the proof cd. But if so, then it shouldn't be a problem if I helped them create an album, correct? Any thoughts?
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Mark Feldstein |
Well Theresa, it sounds like your principal photographer has breached his agreement with the couple. But to make that determination, I'd need more info and give the guy a chance to say what's going on. He'll get that if the couple files an action against him in court. At the time they do that, they should ask to be restored to the position they were in prior to the time they made the contract and ask for "equitable relief" in the form of the court telling the parties what their rights and obligations are at that moment in view of the non-performance by the guy. In the meantime, my suggestion to you is stay out of this in every way. Unless your name was written on either contract to be somehow responsible for performance under the initial contracts, then you're under no obligation to help either couple. It at least sounds like your arrangement was with the photographer not either couple, but again more info is needed. These things have a way of taking on a life of their own. In that sense, they're like a tar baby. The harder people struggle to get clear of this kind of legal mess then the more they get stuck or wrapped up in it. Soooooooooooo politely decline to do anything for these folks until they get a ruling from someone in authority outlining the rights and obligations of the parties, which indirectly MAY pertain to creating an album with the completed CD. Besides it's really in their best interests to do that. Remember though a state court does not have jurisdiction over copyright issues. That's strictly a federal court problem.
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