I recently moved to Boston and got an modeling/talent agent. They did not require me to use the photographer that they recommended for my comp card, but I didn't know any photographer in town, so I decided to use that one. He charged me $795 for several different costume changes and to supposedly get the comp cards printed in L.A. because they say that it is too expensive here in Boston. Well, that was over two months ago, and I still don't have the comp cards or my CD back yet. They said that they have to wait to collect "enough" CD's to send to L.A. before they can send any. Also, he is only going to put the five that he re-touched for the card on the CD. Is that legal? Didn't I pay for the rights to all of my pictures? Granted, he has all of the pictures up on his website, but it's pointless, because I can't print them off. They have his name emblazoned on them. Should I contact a lawyer, or is he within his rights as a photographer? How much time should I give them to give me my cards and CD?

Hi, junvi10. I am so sorry you are having to go through all of this! There are two separate issues here worth addressing.

First, he should have gotten the prints and CD to you within 2 weeks of your appointment, if not sooner. Any more than that seems to be more time than what it typical in the industry (and usually it is less than 2 weeks.) What really sent up a red flag for me was your comment that "they have to wait to collect 'enough' CD's to send to LA..." It should not matter one bit how many CDs they have to wait for- you deserve to have your prints ordered/printed immediately. As far as I am concerned, you paid for a service that has not been rendered. But before you contact a lawyer, is it written anywhere (on his website, on a receipt) how long it takes to get the prints done? Did he ever give you a verbal indication of how long it would take? You'll want to do some research and make sure you have a good case before you think about taking this up with a lawyer. At the very least, you have the right to demand that they order the prints immediately or you get your money back. You could certainly start there and see what happens.

Second, as far as the "rights" for photos- technically, the photographer owns the rights (even though you paid for the service) and it is at his discretion whether or not he give them all to you as a part of his service package. It is not uncommon in this industry for a photographer to release only the retouched prints, but there are plenty of others who give all of the images as a part of their package. Personally, I only work with photographers who will give me all of the shots on a disc, which allows me not only to print them but to also use alternate options on my website and for email submissions. In your case, I don't think there is anything you can do to get more images from him- this is a perfectly legit thing for him to do.

Again, I am sorry you are going through this horrible situation- and I hope you get all of the advice you need from the great people on this message board. Best of luck!

well--what exactly did you pay for? Do you have a written agreement, or emails documenting the contract? In the normal case you would be provided the CD of the prints so you could get them printed yourself, but it depends on what you agreed. In any case you should contact your better business bureau, your state attorney general's office, and easybackgroundcheck.com and you can always sue him in small claims court. Good luck with your case!

Sadly, it does sound like you were scamed. But at the very least I think they need to give you something in the way of prints... I wouldn't expect high quality. Hopefully you have something in wtriting.

The "collect enough CDs to send" is total BS... postage on a CD is not that much considered what you have paied for the session. And if one part of the pitch is BS, it's probably all BS.

Yes, fortunately I have a receipt, but when the person from the agency was going over it with me and another person who was also having her pics done with this guy, he crossed out "CD" and wrote above it "website". He said that we would get our own website with the pictures on it, which is partially true, but he didn't tell us that we wouldn't be able to use any of them. The receipt also lists the comp cards as part of what I paid for. My "agent" just said that it would be 4-8 weeks before the comp cards would come back after the photographer re-touched the CD. That could have been yesterday for all I know, except that the secretary told me that they had the CD back from him and they just couldn't send it off yet.

I didn't even know that I could get my CD with the untouched shots on it until I called the photographer because I couldn't get a straight answer from the agency. He spilled the beans in trying to get the attention back on the agency. He said that it was the agency's responsibility to give me my CD with the retouched shots on it.

The guy from the agency lied about a lot. He also told us that the photographer did hair and makeup and had a three level building full of props (which is why I thought it was worth it to pay so much--I try not to be a complete idiot, even though it seems that I am now), which was all a lie. I really am worried, because the agency has sent out e-mails about various opportunities, but have not answered my last e-mail about the status of the pictures. I probably need to just rack it up to a really, really expensive lesson and go get headshots done. I just don't want to cough up more money!

Thanks for all of the advice, I appreciate it.

I am so sorry to hear about this unfortunate 'learning experience.' I will say it is total BS about waiting to send the CD's. If it's digital, they can easily send it to the retoucher online. I have one suggestion, so maybe you won't completely lose out on this one. Pick out the photos you like, go to the photographer and tell them that you don't care about the retouching and demand that he burn them to a CD. And don't leave until you walk out with a CD. Tell them that you have waited too long and you just want the original shots, period. They can't give you the lame excuse that they have to wait for anything to be sent off, because they have the originals there.

And just so you don't lose faith in photographers or people in general, if you can get those shots, email your two favorites to me and I'll retouch them for free! I just can't stand to see people get screwed over like that.

Be firm, go get your shots, and email me directly at juiceimagery@gmail.com.

Good luck!!

This all just sounds so "scammy" to me- it is one thing for an agency to make a recommendation for a photographer. It is something entirely different when the photographer is partnering with the agency and having the agency do some of the administrative work (sending CDs directly to them, creating receipts, etc.) Your relationship with the photographer and dealings with him should have been completely separate from the agency. Period.

I wanted to make sure you knew that this is not your fault, and you are not "an idiot" for taking the agency and the photographer at face value. The agency seems to be preying on actors who don't know where to look for alternatives. So, though the agent didn't force you to use this photographer as a condition of being signed (which would be illegal), they convince you that this is the easiest and most affordable option and then leave you to "choose."

If you're willing to walk away from the agent (and at this point, I think you should RUN)- this is actually something you can take up with the Better Business Bureau or with the Massachusetts Department of State. There are very strict rules that govern agencies so that these types of situations do not happen. You are well within your rights to stop working with agent and find someone else who will follow the rules. You may not be able to get your money back from the photographer, or get the prints you paid for, but you would be much better off. There are many agents in your area that are professional and supportive. Try calling Actors Equity, SAG or AFTRA and see if they can give you a list of franchised agents in the area (franchised generally means that the agent has agreed to certain basic operating procedures that are demanded by the actors unions.)

I wish you the very best in resolving this situation!

I think I know the agency that this person used. I almost got involved with them but at the last minute backed out.

The person that represented that agency was "let go" and supposedly "they were not aware of what he was doing".

When I saw the contract I thought it looked very unprofessional (lots of typos) so that is when we decided to back out.

Make sure you contact BBB and Attorney General before you sign with someone and make sure you know all the names with which they work under. The agency I think you almost signed with had a few complaints under a different name which they used to use.

I really am learning you have to be so careful. Don't know which way to turn and who is good.

I hope everything works out for you.

quote:

Originally posted by junvi10:
I recently moved to Boston and got an modeling/talent agent. They did not require me to use the photographer that they recommended for my comp card, but I didn't know any photographer in town, so I decided to use that one. He charged me $795 for several different costume changes and to supposedly get the comp cards printed in L.A. because they say that it is too expensive here in Boston. Well, that was over two months ago, and I still don't have the comp cards or my CD back yet. They said that they have to wait to collect "enough" CD's to send to L.A. before they can send any. Also, he is only going to put the five that he re-touched for the card on the CD. Is that legal? Didn't I pay for the rights to all of my pictures? Granted, he has all of the pictures up on his website, but it's pointless, because I can't print them off. They have his name emblazoned on them. Should I contact a lawyer, or is he within his rights as a photographer? How much time should I give them to give me my cards and CD?

I've mentioned this at least a thousand times...

ALWAYS GET IT IN WRITING. What you should expect from your headshot session. Every detail.

That is the only way to be sure of getting what you paid for.

This is how I would proceed at this juncture, "junvi10":

Demand that he provide you the work, immediately. Since you didn't get a written contract specifying exactly what you're entitled to and when you'd be receiving it, he unfortunately has the upper hand. Would that stop me from seeking satisfaction? Absolutely not. Outside of the normal complaint channels -- your agent (who is undeniably a scam), the Better Business Bureau and The Department of Consumer Affairs (all of whom will do absolutely nothing to help you with your complaint), simply sue him in Small Claims Court for non-fulfillment of implied service. Your dated receipt is enough, you do not need a lawyer.

All photographers should provide the finished product within a reasonable amount of time, and two months without your new photographs is clearly, "not reasonable." When you explain how many potential jobs you may have lost because of his unprofessionalism, the judge will decide in your favor. It's time for this guy to give you what you paid for, printed or not.

“Whatever works.”

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