Photographer Files $1 Million Defamation Suit Against Couple

9 years 3 weeks 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
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9 years 3 weeks ago - 9 years 3 weeks 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.  
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9 years 3 weeks ago #435507 by Dave Worton
These cases crack me up.  Where do these people pull these numbers from?!  


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9 years 3 weeks ago #435518 by Conner
What's wrong with people :huh:


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9 years 3 weeks 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.
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9 years 3 weeks ago #435522 by KenMan
The photographer should have had everything in the contract.  It's his fault. 


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9 years 3 weeks 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:
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9 years 2 weeks ago #435556 by Joslyn
This will be something of interest to see where it turns.  I'm on the fence. 


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9 years 2 weeks ago #435634 by Carry
What a mess


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9 years 2 weeks 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.


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9 years 2 weeks ago #435772 by effron
Bring back dueling!

Why so serious?
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The following user(s) said Thank You: tforswall
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9 years 2 weeks 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
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The following user(s) said Thank You: tforswall
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9 years 2 weeks 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
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9 years 2 weeks 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. 


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