don't really know what to do here

[Kbarredo]

I hired a photographer july of 2010 to do my wedding. He's still in business but I still haven't received the book I ordered.i spent 3800$. Should I sue this guy to get my money back. how long do you pros usually take.

 

[MissCream]

July 2010!!!!!

Have you talked to him yet?

Didn't you have a thread about this before regarding your sister?

 

[Kbarredo]

Nope no thread about it. Yes I talked to him a few times and he always has excuses. In january the card was corrupt and he had to fix it, then he had some medical problems. Then I find out they were using my wedding photos for their ads. I'm getting really annoyed. I spent 3800$ for nothing yet

 

[willis_927]

January 2010 is pretty damn rediculous. I would be extremely pissed off.

 

[KmH]

Online is an unrealiable place to be seeking legal advice.

What is Canadian law? It may be to late to sue, since it's been more than 12 months.

IIRC, for summary or misdemeanor offenses the statute of limitations in Canada gives the government only 6 months.

 

[tirediron]

Online is an unrealiable place to be seeking legal advice.
...

Agreed!

That said, this is a civil matter, so the time clock won't start ticking until the day after the specified delivery date. Depending on where in Canada, you have between 12 and 36 months after the incident to initiate a civil suit. I would suggest taking all of your correspondance, copy of the contract, etc, and going to see a lawyer. For probably only a couple of hundred dollars, you can have a "Get off your butt and get my client his pictures" letter which is usually enough to get most people motivated. Small claims court is NOT a fun, nor cheap process, and if you do have to go that route, by the time you do get your photos, they're probably going to cost you a whole bunch more.

 

[photobykelly]

It does take time to edit and put together wedding proofs, but not this long. If I were you I would be contacting someone, over a year and nothing. NOT acceptable!! I'd be very angry, that's a lot of money, and a memorable day possibly lost.

 

[shortpants]

You need to research local laws and see what you can do about it if he won't send it. In the mean time maybe an email or phone call with a deadline or you will be taking legal action.

 

[Ballistics]

Sue him for the for maximum for pictures and damages, and for him using your photos. Here in NY is $5000 max you can sue in small claims.

 

[Kbarredo]

I have a two year limitation period. the max in alberta is also $25,000. There was no set delivery date. He has sent us cds of the proofs but no book. Its this book that we really want.

 

[thereyougo!14 2]

I have a two year limitation period. the max in alberta is also $25,000. There was no set delivery date. He has sent us cds of the proofs but no book. Its this book that we really want.

Get a lawyer to write to him giving him a set time to comply and complete the book failing which you will get the job completed elsewhere from the proofs you have and bill him for it. I suspect that a court may see him as having done part of the job and order him to complete it. As far as the use of your photos in ads, I'm not sure oif the copyright situation in Canada, but here in the UK unless stated in the contract, the photographer holds the copyright for the photos. You have to come to contractual terms with him regarding the use of the photos before you do the deal, often they will do a deal.

 

[MTVision]

I have a two year limitation period. the max in alberta is also $25,000. There was no set delivery date. He has sent us cds of the proofs but no book. Its this book that we really want.

Have you tried writing him a letter yourself and mailing it certified (or whatever it when they have to sign to verify they received). I would write him a letter first stating that if you don't have the product by so and so date that you will be forces to take legal actions. That way maybe you can get it without paying for a lawyer. Also if it comes to having a lawyer and court you have proof that you wrote to him about it and still nothing was done.

Isn't the copyright in Canada owned by you because you paid for it? There was another thread on here about how in Canada the photographer doesn't own the copyright - the person who paid for it does.

 

[Kbarredo]

Oh no I was mad because he edited enough photos to present on their adds but they stopped there and didnt edit ours

 

[Kerbouchard]

Or you could just give him a call, set up an appointment, and work things out like normal human beings. You ask when he will be done, he tells you, you explain your concerns, he gives you his excuses, you both agree to a solution, and everybody walks away happy.

Yes, it has taken too long for you to get your photos. Based on your posts, you have talked to him a few times in 15 months. Man up and ask for them.

If that doesn't work, than on your way to a lawyer, you can stop at the local police department and file a report for theft/fraud/whatever else you Canadians have up there.

I would leave the small claims/legal action as an option, but personally, I would talk to the guy first.

 

[Kbarredo]

ive set up multiple meetings as well. Last time we met in may he said he would get right on it. Yet still nothing