Photographer Files $1 Million Defamation Suit Against Couple

8 years 11 months ago #435503 by Cathy Kadolph
This is just a loaded gun of nonscense!  I can't believe this: http://petapixel.com/2015/04/13/photographer-files-1-million-defamation-suit-against-couple-after-album-cover-fracas/

Then:
 Wedding photographer holds couple's pictures hostage after they refuse to pay extra fee that 'wasn't in their contract'

   http://www.dailymail.co.uk/news/article-2916704/Wedding-photographer-holds-couple-s-pictures-hostage-refuse-pay-extra-fee-wasn-t-contract.html#ixzz3XEpMpJQz
 

It's crap like this that gives our profession a crummy name.  :(

"Every child is an artist. The problem is how to remain an artist once you grow up." Pablo Picasso
Photo Comments
,
8 years 11 months ago - 8 years 11 months ago #435506 by Stealthy Ninja
I dunno, I don't think standing up for ourselves is giving photographers a bad name.

There's two sides to this story (you can read the photographer's side here:  www.blogpolito.com/an-open-letter/ ). 

Seems through reading a bit into it, the photographer was well within the contract and the pricing structure.  To quote a comment on that site: "The album is a separate charge from the base cost of the album because there are so many different options for the cover. It would make more sense to have a standard cover and an extra cost for more expensive covers, but as it stands that's how the cost is broken down and that's what the couple agreed to and then freaked out about."

Also, it seems the clients didn't like the contract so they "went viral" with it to try and get out of their contractual agreement.  The media isn't means for getting out of contracts last time I checked.

You don't exactly sue without some grounds for suing... I hope the photographer wins.  

I for one don't want to be accused of "holding photos hostage" just because a client didn't want to pay the agreed upon price.  
,
8 years 11 months ago #435507 by Dave Worton
These cases crack me up.  Where do these people pull these numbers from?!  


Photo Comments
,
8 years 11 months ago #435518 by Conner
What's wrong with people :huh:


Photo Comments
,
8 years 11 months ago #435520 by Stealthy Ninja

Conner wrote: What's wrong with people :huh:


yeh those people who went to the press because the photographer stood up for herself are what's wrong with America.
,
8 years 11 months ago #435522 by KenMan
The photographer should have had everything in the contract.  It's his fault. 


Photo Comments
,
8 years 11 months ago #435523 by Stealthy Ninja

KenMan wrote: The photographer should have had everything in the contract.  It's his fault. 


SHE DID.  The customers just didn't like it that she had different options for the (album) cover and the photographer held off giving the album to them till they paid.  They didn't like it, they went to the media and to make it "go viral".  The photographer even offered to waive the fee etc. but the clients didn't want to listen but instead went on a smear campaign.

Guys, do a little research before concluding every headline you see is real... or else, you'd better get off your computer fast:
,
8 years 11 months ago #435556 by Joslyn
This will be something of interest to see where it turns.  I'm on the fence. 


Photo Comments
,
8 years 11 months ago #435634 by Carry
What a mess


Photo Comments
,
8 years 11 months ago #435752 by tforswall
Cathy and KenMan, it's obvious that neither of you know anything about the case or have done any research on it.  Otherwise, you wouldn't be so quick to join the bandwagon with the bride/groom (the Moldovan's) who falsely accused Polito of being shady, etc.  As Stealthy Ninja said, do your research before making assumptions because we all know where assumptions will lead you.

Personally, I am very proud of Andrea for sticking up for herself and not letting this couple get by with ruining her business.  If you know anything about Andrea Polito Photography, she has a team of photogs who work for her and she trained them all.  Her business is the leader in photographing some of the most famous and wealthy people in the state of Texas.  She can easily get +$10,000 for a wedding and she is booked 18 months in advance.  So we really aren't looking at a faux photog or someone who does photography parttime with a disposable camera.

I don't know how to attach a document to this reply, so I'll give you the links to the actual law suit filed.  When you get to it, pay particular attention to pages 7-11.  Polito's attorneys have documented proof that the couple admitted to not even reading the contract, making defamatory statements such as "we are going to take her down", etc.  Heck, they even lied about the amount of money they paid for her services!!  This is all in the pre-suit depositions the bride and groom had to give  2-3 weeks ago.  Under oath, they admitted they stretched the truth on some things and flat out lied on others.  So please read the case papers.  All the proof is documented in detail on pgs 7-11 specifically.  But you can read the whole thing so you understand how the whole thing started.  I think you will change your opinion about who is "wrong" and "giving our profession a crummy name" after reading it.  I really hope you read it.  I promise it's worth it.  Here are the links:

1.  Go to http
2.  Select "[url=javascript:LaunchSearch('x?ID=200', false, false, sbxControlID2)]Civil District Case Information[/url]"
3.  Enter the case number:  DC-15-03069.  Then hit "Search".
4.  The Polito lawsuit will come up. Click on the case number.
5.  Now you are at the front page of the lawsuit.  Glance down the page and click on the link for "ORIGINAL PETITION" dated 3-18-15.
6.  This will take you to the summary page.  Click on the link "[url=http Original [/color][/url]".

Now you have the original paperwork filed, the "facts" of the case, etc.


,
8 years 11 months ago #435772 by effron
Bring back dueling!

Why so serious?
Photo Comments
The following user(s) said Thank You: tforswall
,
8 years 11 months ago #435793 by Flash Steven

effron wrote: Bring back dueling!




Nothing like a good pot stirring party! 

Canon 7D w/grip, Canon 40D, Canon 70-200mm f2.8 IS L Canon MPE 65mm f2.8 macro; Sigma 70-300mm f2.8; Sigma 150mm f2.8 macro; Sigma 8-16mm f4.5-5.6
Photo Comments
The following user(s) said Thank You: tforswall
,
8 years 11 months ago #435978 by Prago
Hmmm, well I'll need to ponder my position on this one a little bit longer.  Seems like both are at fault in my opinion.  Who's at fault the most?  Jury out to lunch for me.  

SWM into chainsaws and hockey masks seeks like-minded SWF. No weirdos, please
Photo Comments
,
8 years 11 months ago #436172 by Finn
I'm going to take the somewhat high road and agree with Prago on this one.  I'm either or, and think both parties could have made different decisions that would have prevented this. 


Photo Comments
,

817.3K

241K

  • Facebook

    817,251 / Likes

  • Twitter

    241,000 / Followers

  • Google+

    1,620,816 / Followers

Latest Reviews

The Leica SL2-S is an attractive, premium mirrorless camera with photo and video specs that are sure to impress. And with the legendary Leica name, you know this camera exudes quality!

Mar 26, 2024

The Sigma fp L is a compact full-frame camera with a 61-megapixel sensor, 4K video capabilities, in-body image stabilization, and weather-sealed construction. What’s not to like?!

Mar 19, 2024

The Canon 1DX Mark III is a big, burly professional camera packed with top-end features. Is it worth the investment in 2024? Find out in this detailed review!

Mar 04, 2024

In the OM-1 vs OM-5 debate, which camera comes out on top? Though they’re different cameras for different purposes, comparing them head to head clarifies which is best for your needs.

Mar 01, 2024
Get 600+ Pro photo lessons for $1

Forum Top Posters

Latest Articles

Time management is a critical skill to master when you’re a photographer. But how do you get the most out of the limited time you have? Check out this guide to learn a few tricks!

Mar 27, 2024

The Leica SL2-S is an attractive, premium mirrorless camera with photo and video specs that are sure to impress. And with the legendary Leica name, you know this camera exudes quality!

Mar 26, 2024

Opening a photography business means undertaking various photography marketing strategies to promote your work. But you don’t want to do the same old thing - try these unique ideas!

Mar 22, 2024

The Canon EOS 80D might be a few years old, but it’s nevertheless a quality camera to invest in as a beginner or enthusiast looking for a mid-range DSLR with tons of lens options.

Mar 22, 2024

Wedding consultations are a critical part of a wedding photography gig. It’s when you learn about the couple and their wants, and present them with how you will meet those desires.

Mar 22, 2024

If you're looking for the best metal print of 2023, you'll find it from Artbeat Studios. After months of testing, Artbeat Studios beat out the competition!

Mar 21, 2024

Getting the best video shots on your camera or smartphone requires you to understand the fundamentals of composition and video editing. It helps to have the appropriate gear, too!

Mar 20, 2024

It’s easy to lose your inspiration behind the lens, especially as a beginner. These creative photography projects can help inspire you to try new techniques and improve your photos.

Mar 20, 2024