Second Shooting Madness - Please advise.

[MandaMurphy]

I have a quick question that I hope someone can assist in this.

A couple of months ago, I was hired to second shoot a wedding with this photographer "J." We were both new in the industry and it was his first wedding. He invited me to tag along to shoot this couple's engagement session - just to get to know them a little before their wedding. It was unpaid and no contract was drafted. At the end of the session, I proceeded to hand my CF cards to "J" but he told me (in front of the couple) that he doesn't want them and they were mine to keep to do whatever. I was shocked but, hey, if that is what he wanted, great.

After the session, he started bugging for preview and the couple wanted to see mine. I posted a blog post and added the photos on my Facebook page. "J" loved my photos and started tagging the couple and etc. Couple requested to "friend" me on Facebook and "J" said it was fine.

Now, along came their wedding. "J" drafted a contract for this couple's wedding and it was signed and etc. Wedding went well, "J" transfered all my photos to his computer and everything was done. When he was done with his editing and started posting it up on his gallery - someone mentioned that his brides looked like a clown and criticized his photoshop skills and he pursue to blame it on me. Apparently, that poster liked the groom photos more than the bride (i shot the groom.) Fine whatever..

"J" was not happy to begin with and have stopped talking to me. I posted a sneak peek of the couple on my Facebook - which was allowed in contract. And the bride loved it and tagged herself.

Months after the wedding, the groom emailed me that he loved my set of the engagement photos and was disappointed that non of my photos posted on the blog and slideshow was in the disk that "J" have gave them and was wondering if they could have a copy of mine and was willing to negotiate a price. I message them to say that of course I won't charge them and was more than happy to send them their archive. I emailed "J" as a FYI to let him know that I am not charging and to bare in mind, that HE said there were mine to keep to do whatever.

When "J" got my email, he went crazy and was upset because I was never allowed to send the couple the photos because, now, I am affecting his print sales and I had no right to do so. He wants me to send the images to him directly so the couple can order it online. I told him, it was fine and it didn't occur to me that I made the wrong move so I told him I'll send it and have absolutely no problem with that.

Today, "J" has posted several mean things about me on another photographer's forum - completely distorting the story and have painted a bad picture of me and my business. From no professionalism to no common sense. It's seriously hurting my reputation as I am in the beginning of my business, I second shoot a lot, and he basically ruined several of that opportunity.

Can someone please tell me, if I did anything wrong to begin with?

[Jim Poor]

The wrong thing you did to begin with was to not insist that there be a contract. Even if you couldn't force a contract with the couple, you needed one between yourself and "J."

Giving your photos away (regardless of "J") is pretty wrong as well, especially since the couple was willing to pay for them.

[MandaMurphy]

Jim,

Yeah, I should have requested for a contract for the engagement shoot. And as for the photos to the couple, I didn't sell it due to the respect of "J."

Technically, without any contract for that shoot, the photos were basically mine and I was free to sell it?

[Jim Poor]

Technically? Probably. Ethically? Probably not.

The "right thing" from my limited, one-sided knowledge of the event, would probably have been to talk to "J" and offer to let him sell the photos in exchange for a commission or something. Yes, he told you "do what you want" with them, but . . .

Originally Posted by MandaMurphy

Jim,

Yeah, I should have requested for a contract for the engagement shoot. And as for the photos to the couple, I didn't sell it due to the respect of "J."

Technically, without any contract for that shoot, the photos were basically mine and I was free to sell it?

[BCampbell]

Jim is right about the contrast. Live and learn, most of us learn the same lesson the same hard way.

Unfortunately, from my understanding of the situation the best move for you is to back out entirely. Don't give your images to your ex-friend, don't give them to the couple. Pull them from your facebook and your blog. Tell the couple I'm sorry, but due to the circumstance I'm not comfortable releasing these photos. Be completely honest, tell them that because you did not have a contract written up you're having a professional dispute with the other photographer, and unless and until that's settled it's not right for you to do anything at all with the photos. Copy J on this message.

Then walk away. Let J come to you if he wants to resolve the issue and make the couple happy.

You could insist that J stop using any of your photos that you gave him, but honestly if he's stubborn this will just drag out. Getting all of this off your mind is worth way more than the photos from one shoot. Make better friends, go take more photos, and forget about it.

[kelleyrie]

As one who has recently went through a bunch of nonsense as a second shooter I will say this: ALWAYS have a contract no matter what. I had to learn the hard way as well and to put it bluntly, it sucks lol.

You probably should have went through "J" but now I would do as suggested and just gracefully bow out, explain to the couple that they will need to deal with "J" as he was the contracted photographer.