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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Wedding Photographer releases wedding photo's to Husbands Ex before us!!!

116 replies

ScotsExpat · 04/10/2012 06:26

Really looking for some idea as to how I stand legally with this.

We used a photographer that my husband knew for our recent wedding photographs. We signed a contract, paid him his money and he did all we asked of him on the day. 3 days later, we were told by my husbands sis-in-law that his ex-wife had posted photos on FB that were obviously taken at the wedding, by the photographer This is all before we had even received them..!!

We contacted him and he basically told us they are his photos and he can sell or do anything he likes with them...

I am just so upset about the whole thing and wondered if we have some way of suing him for what has happened...

OP posts:

Original poster

ScotsExpat · 04/10/2012 08:26

Sorry of that came across a little strong, I am just so furious with this guy, he is completely unapologetic. Its basically 2-fingers up to us when we try and speak to him.....

OP posts:

bluehorizon · 04/10/2012 08:28

I agree it sounds silly to release any photos to anyone other than the B&G. Would just suggest you keep to the facts if you do decide to badmouth him on public forums. Also, did he give you a discounted rate for the pictures - perhaps if he was doing it as a favour he considered it a more informal arrangement. Morally you should consider if any real harm has been done to you before damaging his business which could cause him and his family real harm.

bluehorizon · 04/10/2012 08:29

Sorry x posted. He sounds as if he is handling it unprofessionally from what you say....

Original poster

ScotsExpat · 04/10/2012 08:29

Pictures of our wedding day.. Pictures of the most important day in my life ..... I can only hope you have never or will never be put in the same position...

Are you seriously trying to tell me that you wouldn't feel in the least aggrieved about this situation, if the shoe was on the other foot?

OP posts:

bluehorizon · 04/10/2012 08:31

And I can understand the temptation to give a bad review! Don't let it spoil your wedding though.

Original poster

ScotsExpat · 04/10/2012 08:35

Ahh, I think I'd better stop responding to bluehorizon.. I did not mention anything about the rate... And would an informal arrangement require us signing the standard contract? Ladies and Gentlemen, it would appear that the protagonist is already checking forums...

OP posts:

fuckadoodlepoopoo · 04/10/2012 08:35

Blue isn't saying that, they are saying tread carefully because you don't want to get sued for slander etc.

Original poster

ScotsExpat · 04/10/2012 08:37

Slander is the communication of a false statement injurious to a person's reputation. Unfortunately, this is not made up and we have the emails where the photographer admits to what he did.

OP posts:

onadifferentplanet · 04/10/2012 08:39

In your OP you say pictures of your wedding then later you say a picture and you still havn't said if the picture was of the children or all your wedding party?
I wonder would you have given your husbands ex pictures of her children at the wedding which as someone said earlier I'm sure she would like to see?
I do think giving/selling her a couple of pics of her own children is rather different than selling her your whole wedding album.

Frontpaw · 04/10/2012 08:44

What did ex say on her page?

Original poster

ScotsExpat · 04/10/2012 08:47

I also say I have not been able to find out how many. And, at the end of the day, would it really make a difference? If you ask a professional photographer to take pictures for you, would you expect him to start selling / giving them away before you have even had a chance to see them? Maybe its me that's on a different planet.....

OP posts:

Beanbagz · 04/10/2012 08:59

Legally he is right. The photographer retains copyright of the photos despite the fact that they are of you (unless you pay for the copyright which is quite unusual). Normally you might expect him to use them for marketing purposes.

Morally what he's done is wrong though but i would avoind giving him any bad reviews until you have all the photos you and your family need.

MrsjREwing · 04/10/2012 09:08

So the ex was given pics of her kids at a wedding and posted them on fb, who told you about the fb stuff and you want to get your dh to sue the Mother of his kids and the pgotographer? Ooookkkkkaaaayyyyy.

wonkylegs · 04/10/2012 09:18

The solicitor & I didn't say that the photographer doesn't have copyright he does BUT the copyright act if you actually read it also has a clause that says that if a photographer wants to distribute to others or use for advertising they must get permission from the client. The copyright everybody is stating is protection from others copying your work not you distributing it. Subtly different but different.

bluehorizon · 04/10/2012 09:27

Could you provide a link to that clause Wonky?

jiminyCrick · 04/10/2012 09:27

Ok, first point:

Be VERY careful about naming and shaming. I named and shamed a wedding supplier, who then proceeded to sue me for slander: even though everything I said was true. If someone is going to respond like that, do you think they'll play fair?? Please be careful, I don't want you to get into trouble.

Secondly:

WTF??? what THE HELL is he playing at??? I don't care who, what when where etc, YOU paid for a service. Not just a service, a very very important one. People have to remember that to work in weddings there is an extra level of morality that must exist, otherwise, you'll never be any good. You cannot play around with the rules and do what you want.

To give/sell whatever copies of the pictures to anyone would be bad, but to his ex?? That is just disgusting. What the hell is this guy? I would be furious.

You paid for a service, and rather than this person who you paid looking to you as his employer, he plays favourites and hands over your photos [I don't care about the legality here, they are her wedding photos, hers] to some woman who I imagine you probably have little respect for.

He sounds like a total see you next tuesday.... WHy the hell is your DH friends with him? And then he's defensive and rude? Not much of a friend my love, I am afraid to say.

I am really sorry. I had wedding suppliers who acted disgustingly, and it was horrible. The fact that they are wedding suppliers means they should know how important this is, but a lot don't seem to...

I hope you can enjoy the pics.

Much love.

Bossybritches22 · 04/10/2012 09:34

I don't think you're being fair to Blue here , he/she is merely trying to help by giving another POV.

I can fully understand your anger but planning a smear campaign over this will only backfire if you go ahead.

Have a vent & plan it on here by all means but just go slowly on the revenge thing. Its not worth ending up in a legal/slander/libel case.

This may have been the "most important day in my life" thus far but I can assure you there will be other far more important happy ones to come. And far more important things to get het up about.

You had a lovely day & are married to the man you love & are starting your life together, enjoy & focus on that.

Bloody annoying & unprofessional though, hope you get an apology.

bluehorizon · 04/10/2012 09:37

Ha ha. Just realised that you think I'm him! I was a bit slow in the uptake this morning.
Im not, and i am not a wedding photographer. I have sympathy with both of you actually. It's important to keep to the facts though and I think your post title is misleading based on what you have said later in the thread.

bluehorizon · 04/10/2012 09:38

On the uptake I meant to say!

AThingInYourLife · 04/10/2012 09:46

Sympathy for a wedding photographer who gives/sells a clients photos to other people?

Yeah, poor guy. What a tough life.

HiHowAreYou · 04/10/2012 09:47

If it's just one or two pictures of the ex's children, then I think you should just, ok, feel annoyed, but let it go to be honest.

If it was the whole album then that would be strange and something to shout about.

prh47bridge · 04/10/2012 09:52

He owns the copyright. However, contrary to what most have posted here, that doesn't give him the freedom to do whatever he wants with the photos. The Copyright, Designs and Patents Act 1988 section 85 states that if you commission photos for private and domestic purposes you have the right not to have copies of the photos issued to the public, exhibited to the public or communicated to the public.

If you want to take it further you need to consult a solicitor who specialises in intellectual property rights. They would be able to advise if section 85 applies in this situation and, if so, whether it is worth taking action against the photographer.

jiminyCrick · 04/10/2012 09:54

I think one or two pics would not be so bad, BUT he shouldn't have given any to anyone before he gave them to the bride.

He should have waited til she got hers, and maybe even asked! [out of pure politeness, even for no legal reason]

No matter how many pictures it was, the Bride & Groom should have taken precendent.

wonkylegs · 04/10/2012 09:55

Sorry I can't find a link to that clause right now will look at lunchtime... I just know it from when I had to read the act as a client asked me to forgo my right to put my name on their building (a right I didn't even know I had). Will get back at lunchtime when I'm at my PC - the act is linked on my PC somewhere I'll see if I can find it.

Longdistance · 04/10/2012 09:59

I wonder if the photographer is shagging the ex wife???

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