When Photographers Go to Court
by Miserere
In the USA there are a number of TV programs showing mock trials hosted by real judges. I say “mock” because they are not legally binding, but they are conducted in much the same way a real small-claims court case would. Of course, the judges have a personality that’s appropriate for TV—nobody wants to see a boring judge hosting one of these programs! Here I’m bringing you a small selection of cases involving photographers. I hope you enjoy them…and find them as educational as I did.
Judge Brown: Wedding Photographer Sued for Bad Pictures
This photographer showed up at a wedding with a Canon Digital Rebel and kit lens. It turns out flash photography was not allowed during the ceremony, held in a dark church, so perhaps unsurprisingly, the photos didn’t look that great and the bride is suing. The photographer thinks she has a chance to win this, but doesn’t count on Judge Brown’s knowledge of Photography.
Judge Judy: A Bride and Her Mother Sue Photographer over Engagement Pictures
Apparently, the Bride wasn’t happy with her engagement pictures being shot in a cemetery. But the photographer redid the shoot and upheld her contract, so who’s to blame?
Judge Milian: Bride Sues Photographer for Not Showing Up at Wedding
When the photographer doesn’t show up at her wedding, the bride sues. But there are signed contracts…and maybe all is not what it seems.
Judge Judy: Wedding Photographer Sued over Groom’s Family Missing in Pictures
The bride is unhappy with her husband’s family not being in the formal photographs, while the photographer claims the groom’s family never assembled when she was taking the formals. The bride’s father further claims he was assaulted by the photographer when he tried to pick up the proofs. This is a good one 
Judge Milian: Bride & Groom Sue Photographer for Not Delivering Wedding Photos
This wedding photographer is refusing to hand over the photos he took. But wait, it turns out he wasn’t the photographer the couple had hired and paid to shoot their wedding! So what’s going on here…? Can he keep the photos until he gets paid? Who should pay him? Let’s find out
Conclusion
I think this is a concise sample of the type of problems that wedding/portrait photographers can run into. Bearing in mind this is the type of work most amateurs start doing when they want to get paid, it behoves you (if you’re in that position) to take note and learn from the lessons contained herein. To wit:
- If you’re charging money for your services, you’re by definition a pro—act like one.
- Don’t use equipment that’s not up to the task, and always have backups for everything.
- Don’t take on jobs if you don’t have the knowledge or skills to tackle them successfully and to the client’s quality level. Know your limitations.
- Always, always, always have a contract in writing stating what your duties are and what/when the client owes you for them.
- Have liability insurance to cover your back if you run into trouble…or into the client from hell.
- Professional photography is not child’s play and you should treat it with respect. Just because you take pretty pictures of flowers and sunsets doesn’t mean you can photograph a wedding (or a concert or a convention or…). Professional photography is a lot more than just taking pictures.
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Tags: Court, Judge Brown, Judge Judy, Judge Milian, Photographers, Photography, Wedding Photography
Regarding Clip #1: Selective desturation. I’d have sued as well.
J/k
Hell though. What is wrong with Fuji Crystal Archive though (would it have been anything else?) Bitch would have still sued after seeing she opened the bill for a full set printed on silver rag.
This uptick in photographer suits is pretty much reason enough I’d never do weddings full time. I make it a point to tell everyone who asks me if I shoot them, that if they are expecting anything like they see in a bridal catalog, then I’m not their guy.
If they get past the first screening question, my follow up is ask how much free alcohol there is going to be at the event. Because free booze = better photos.
I have to disagree with you. I think that the use of the printing paper was the smallest problem in that case. The photographer was clearly a joke. She did not know the speed of her lens. I think that the judge knew more about photography than she did.
I am not even going to comment the last part of your comment.
On a side note don’t you think that the last ruling was completely wrong? The guy was robbed of his photos and was accused to hold them as hostage.
Todor, K. has a unique sense of humour, so don’t take him 100% seriously
As for the photographer in the last ruling, it’s a matter of what the law says, and the law says the bride paid for those photos and has a right to them. The photographer had to sue the guy who contracted him, not the bride. He had no type of written contract to stand behind. If he wanted to have a case, he would’ve needed a contract with the bride stating that he would only turn over the photos when Tom (the original photographer) paid him. If he’d had that, signed by the bride, then the judge wouldn’t have been able to give her the photos.
We tend to think laws are just, and they might be, but “justice” and “doing the right thing” do not always overlap.
Indeed. I never even take myself 100% serious.
However, the last line is actually the most serious line in my comment. When I get asked to do weddings, I make sure to call myself a reception photographer and use my marketing line of “The photographer who sticks around after the professional has gone home.” I throw in the free alcohol line to let them know that the more the guest let loose and have fun, the better results I’ll get.
Since I’m not looking to make a living off of weddings, I use the question to help pick which clients I’ll work with. Last thing I ever want to be in is a situation where I’m working for someone who things they are getting a budget photographer and are expecting the same type of work as a pro who can fetch several thousand for a shoot. If that were the case, I’d probably end up also having Judge Joe Brown giving me a critique about the sharpness of my negatives.
K., I never ever thought of you as a sharp shooter. Do you use your IR flash at weddings? I think I’ve seen some photos of what could have been wedding receptions, but I always thought you where a wedding crasher, not that someone had actually paid you to be there
Oh yeah. I sometimes get paid to make the ruckus I do at weddings. Young, hip couples seem to appreciate the style.
I’ve only busted out the IR once at a wedding so far. Can see them in this post.
Yeah. I did a wedding once. But not on a payed basis. Did get a couple of decent shots, but after that I knew that wedding photog was not for me. You live and you learn. I much prefer the solitude of nature.
So how does it work if it’s not legally binding?
The show is a form of binding arbitration, and the plaintiff and defendant are paid to appear on the show. There is a pot of money set aside for each show that gets divided between the two of them, with the winner of the case receiving more by the amount determined by the judge.
In that last case, of the photographer who didn’t want to hand over the wedding photos, he probably ended up getting paid more than the $1,200 he was requesting from the bride. So even though he “lost”, he won
You can read more about how these shows work on the Wikipedia entry for The People’s Court
I never once thought about how these shows actually run. Now I’ve learned something new today! Thanks.
Every day at EtL is a chance to learn something new. Some days you can even learn about Photography!
Those were painful to watch! I’m not sure what’s most cringe-inducing — “professional” photographers who don’t know what an aperture is, bridezillas and their enabling parents, or “impartial” judges who shriek and scold and eye-roll for the cameras…?
Yeah, I’ve always felt these shows celebrate the lowest common denominator, making a mockery of all people involved, including the viewer (not that I’m opinionated, or anything). But Miz’s point is still valid for any field: Know your craft and your limits, and always CYA with sufficient insurance and signed paperwork.
These shows tend to appeal to people whose IQ is wallowing on the southern side of 50.