Paying for sub standard photography

D

daffyb63

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4
Name
Debi
Edit My Images
Yes
:shrug:I recently commissioned a proffessional photographer to take up to 150 product images for a new website and for use in advertising and brochures. One the first ones were sent to me via email I immediatly emailed her back and told her to stop as they were not very good. This is not an opinion and not a fact that i just dont 'like' them. Some are not even recognisable as the product, most are blue with hints of red, there are mirrored images in some and they are all dull. They are not useable in any way and I showed her how they looked printed and again, they could never be used for advertising. I checked her website and her credentials before giving her the commission and apart from being very surprised at the standard I am also very angry that she thought I would be happy with them. We agreed on a price beforehand (via email) and I am now refusing to pay. She is now asking for her time spent to be paid for which again I am refusing. My contract with her was for up to 150 product images, with the products supplied by me. She has her solicitor involved and I would just like advice..... What are my rights and what are hers?

Thanks
Debi
 
Hmmm a difficult one.

Ideally, I would like to see some of the shots that are not acceptable, not sure on whether they would allow that though as its effectively critiquing work where the tog can not defend themselves.

You have email so you have a written record which is good, but was there a contract that was signed and agreed upon?

Can I also ask what the products where and how much money was offered? That's just me being nosey :p

If the work is truly unacceptable I shouldn't think that you have anything to worry about :) Especially if its not as advertised on her site.

EDIT: Also, did you use any of the photos she took?
 
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a few years back i commisioned a logo design from a freelancer - her website was stunning. really mind blowing designs on leaflets showing alot of flair and creativity. she was local so i was suitably impressed.

commissioned the logo and the samples she sent were atrocious. really really awful - sent them back with what i figured was the issue - she wasnt clued in as to what i was looking for. maybe it was my fault. so i listed what i wanted to really come across

but then the second batch were just as bad. i emailed her saying as such and that her designs were of a vast difference to what was displayed on the website. the reply wasnt nice from her, withdrew her services and threatened court action if i ever used the images. to be fair to her she never did ask for her fee or a partial.

speak to the person and mention all your concerns .
 
The photography was Tin jewellery, a very difficult subject to photograph and believe me I spent 5 weeks trying and have no hair left!! This is not tin as in tin cans but pure molten tin and looks very similar to silver. We had no written contract only the emails between us which stated the cost for up to 150 images and my agreement for that. I also state in the emails that it is a very difficult subject which she also agreed after her first few pictures. To me, when she realised how difficult it was, she should have stopped and not carried on. It would be good to send images but they are copywrited and until I pay for them, I cannot post them, as I am not paying for them.... But I doubt very much she would dare to put them on her gallery for anyone else to see!
 
daffyb63 said:
She has her solicitor involved and I would just like advice..... What are my rights and what are hers?
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If she has a solicitor involved then you should have yours involved as well. If you don't have one then get one. TP is not a good enough substitute for proper legal advice.
 
Theres too many variables for a proper answer. You need to contact a solicitor yourself, the fact they look wrong on your monitor and they print badly by you? may not mean they look and print the same for someone else (different printer set up, callibrated monitor etc) you really need proper legal advice, not opinions from barrack room lawyers.
At the end of the day if they are not "Fit for purpose" then depending on the contract you'll probably not end up paying.
Are you sure the person who you checked actually took the pictures? not a junior or assistant or something, just a thought.
 
I had a meeting with her today and showed her the images when printed, showed her the images against others I had done 10 years ago of the same product and she did not say throughout the meeting that her images were satisfactory, only that she had spent a full day doing the work and wanted to be paid for that day as she had lost out on another job. I kept stating i had commissioned her for the images and not her time and it didnt matter how long she had taken, we had agreed a price on the number of images and if any were sutable i would happily pay for them Again... she stated she wanted her day paid for and she left. 2 hours later I have a phone call to visit with her solicitor!
 
I agree with -Rob-, if she has a solicitor involved it would be wise to at least consult one about the matter, even if you don't retain them to sort it out for you.
 
Yes, the groups solicitor will now become invovled, I was just hoping I could diffuse the situation with legalities on consumer rights etc... as I cant find anything on photography. Thanks everyone.
Daffy
 
What was the agreed price?

I only ask as most people would have to pay a solitor a large %age of the amount that they would earn in a day, for a couple of hours of consulation and a meeting, so would it be worth it for her.

Did you ask her if she thought the shots were useable?
Did you ask her if she wanted to reshoot them?

I would get a solicitor involved, but bear in mind the costs to you.

You could always refuse to meet her solicitor and let her push it to a smalls claims court and argue the toss - the worst that would happen is that you would have to pay her, the best is that you don't pay anything. (get legal advise on this!)
 
daffyb63 said:
Yes, the groups solicitor will now become invovled, I was just hoping I could diffuse the situation with legalities on consumer rights etc... as I cant find anything on photography. Thanks everyone.
Daffy
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Consumer rights will rarely cover situations like this as its a B2B transaction, as already stated best advice is to get legal advice.
 
Actually the worst that could happen In small claims is that you'd have to pay her, her legal fees and court costs.

If the images aren't useable then surely they aren't fit for purpose and you should not have to pay for what you can't use.

Talk to consumer rights and see what they say.
 
What do the terms and conditions say on her site? If there is a clause in there that deals with work that isn't to the clients satisfaction then it should set out what should happen. What the client must do and what must be paid for. If it is written tightly then you might find you have to pay for what she's done so far. If she's sent you a few then she is clearly seeking approval to continue so expecting to be paid for work done so far as a proportion of the whole cost doesn't seem that extreme. Whether it is wise for her to pursue this course of action is another matter. If this is the case I'd mention if you are paying for the work then you'll have the right to reproduce it which might make her back off as publishing bad examples of her work will affect her reputation.
 
jamesb84 said:
As a more cheeky offer, I'd be happy to give your jewellery a go on a "trial image" basis...I'd be happy to write up a contract and show you a couple of images. If you're happy, we can discuss fees for photographing the rest.
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Get in there!!!! :lol:
 
-Rob- said:
If she has a solicitor involved then you should have yours involved as well. If you don't have one then get one. TP is not a good enough substitute for proper legal advice.
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I would second this, it applies to everything if you are facing a action from a solicitor you need to know how to respond.
 
I have just wrote up a contract to cover me a little, 'no right to reject on the basis of style or composition....' So if she has a contract that you signed, I would read it back to front, and be careful how you word your reply of why you have rejected the photo's.

Wait until you get something from a solicitor - say nothing, keep it civil, get legal advice pronto.
 
phil8139 said:
I have just wrote up a contract to cover me a little, 'no right to reject on the basis of style or composition....' So if she has a contract that you signed, I would read it back to front, and be careful how you word your reply of why you have rejected the photo's.

Wait until you get something from a solicitor - say nothing, keep it civil, get legal advice pronto.
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Best advice so far IMHO.
 
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