NEED Help! Thoughts? Thank you in advance...

[anniemomster]

Sad...
I recently bid on a photos shoot for my holiday cards at a silent auction and won. I did it to save money and went through with the shoot only to find we will not get the photos digitally unless we spend a minim of $1500 on prints and then we can buy single medium sized images at $50 a piece, for only the ones we ordered. They are such beautiful pictures but we can not afford this.
The photographer keeps touting how she only has a high end clientele and this is the work they expect and appreciate, but we are not high end and I'm not sure why she'd donate a photography package (that we bid $150 for) that was seemingly a "prize" for the high bidder, at a little league fundraiser in a modest town, if her clientele was so high, or that given the circumstance she wouldn't make an exception since this is a donated service.... It's only a partial donation and now I'm getting the short end of the stick as the high bidder. I saw bidding on this item as an opportunity to be able to afford something nice while supporting my local community, and like I said, I just feel completely taken advantage of... And my photos held hostage. I will add that we have agreed to purchase $850 worth of metal prints for our walls, I'm not even a fan of the ONE single family picture she offered us, but she still won't release files other then thumbnails of ONLY the ones we are ordering.
Any suggestions? Is this ethical?
I'm so sad. My family struggles to make ends meet financially, and this was a creative investment that was supposed to help us and our community, and I've told her that and she offered me a payment plan to buy a $600 album with ALL the 23 prints laid out in the board book album how she deems artistic. She is giving me 25 Christmas cards free as a consolation prize at the bargain bid winning $150, but designing the card as she sees fit. She will TRY to find a card that fits all 3 kids plus a family photo (the one I don't like) or if she can't find that in her purchased templates, she will just use only the family photo (yes the one I don't like again). I don't get a choice on cards even. I'm so sad.
Any suggestions are very appreciated.

 

[SnappingShark]

I do not know from a legal standpoint (or who hosted your auction - perhaps you can detail to them), but as much as this sucks, I would let your community know that this "Artist" is not a) charitable, b) not community driven or c) ethical.

Also, I would cut your losses at this point and try to move forward.

 

[ronlane]

anniemomster,

Welcome to the forum. Sorry that you are disappointed with the opportunity. I don't know what you were expecting to get out of this exactly. You paid the $150 for the holiday photoshoot and cards? It sounds like you are expecting the hi-resolution images for this as well? Was this listed as part of the deal? If not, then why are you expecting it?

Why are you feeling that your pictures are being held hostage? The photographer owns the copyright and the rights to those images.

 

[ronlane]

I do not know from a legal standpoint (or who hosted your auction - perhaps you can detail to them), but as much as this sucks, I would let your community know that this "Artist" is not a) charitable, b) not community driven or c) ethical.

Also, I would cut your losses at this point and try to move forward.

Why do you think the photographers is not charitable? If they auction was for the shoot and the holiday cards then it appears that the photo is delivering.

I don't think that we know enough about the situation to determine what's going on here.

 

[sm4him]

It seems like what is really at issue here is this: What could you have reasonably understood that you were bidding on at the time of the auction? What, exactly, did the Auction listing describe this as? Was there any fine print spelled out that perhaps you missed at the time?
If the item just said "photo shoot" that would be so nebulous, I'd never bid on it. Technically, she fulfilled that bid item. You got a photo shoot. If the item said, "Photo shoot and holiday cards, or Photo Shoot with X # of prints or digital copies," something like that, then that's what you ought to get.
Is it misleading to offer a "photo shoot" as a bid item without mentioning that actually receiving the digital copies or prints will cost you an extra boatload of bucks? Maybe. Is there anything you could do about it? Probably not.

If the Auction specifically stated something for this item that you did not receive, then I'd certainly press the issue--first with the photographer, then with at least the Better Business Bureau.
But if it only stated "photo shoot"--you may have just gotten a $150 lesson in getting details before diving into an auction item!

Regardless--If I were in your shoes, and already paid the $150 and did the photo shoot, but didn't like the ONE family picture and wanted more control over the card design…I'd cut my losses. Otherwise, you're going to spend MORE money, and I doubt seriously you're going to like those cards no matter WHAT they look like--because to you, they are just going to be a reminder of having "been taken" (as you see it, anyway).
Cut your losses, go find a photographer who does NOT market to high-end clientele--there's plenty of them out there, but they may or may not produce the quality results--then get ALL the details before agreeing to anything.

 

[tirediron]

This is (unfortunately from your standpoint) absolutely normal business practice, especially amongst photographers with a wealthier clientele. I'm not a lawyer, nor do I play one on television, but I doubt very much if there is any recourse for you. Is it a case that you may not have read all of the fine-print on the prize package (eg, was your prize simply the cost of the session fee, which often does not include product) or did the photographer not make clear what the actual prize was?

My guess was that the prize was simply the cost of the session fee, and that you were on the hook for any product you wanted to buy. It does sound to me like shes being unusually close with her work, but bear in mind that it is HER work, and not yours, even though the images are of you and your family, she owns them, and always will. Photographs are like software; when you pay for one, you aren't actually buying it, but rather paying for the right to use/display it. It does seem unfair to the consumer, but that's the way both the law and the business work.

 

[astroNikon]

The photographer owns the copyright and the rights to those images.

Most people do not know that. That is why she feels "held hostage"

Personally, I would stick to what was in the $150 package and leave it at that.

Then chat with the local community event about the situation, but I'm not sure if they would/could do anything.

 

[gsgary]

Just loose your $150 and don't pay another penny

 

[ronlane]

The photographer owns the copyright and the rights to those images.

Most people do not know that. That is why she feels "held hostage"

Personally, I would stick to what was in the $150 package and leave it at that.

Then chat with the local community event about the situation, but I'm not sure if they would/could do anything.

I would agree with your statement that most don't know that, which is why I stated that, so that the OP will now know.

 

[anniemomster]

No Ron, it was not to shoot for holiday cards, thats what in my mind I would do with the pictures., the advertisement at the charity event just said, You are bidding for a free Photoshoot, with"Her name". I asked what came with and I confirmed I would be given all images, so I outbid everyone by more then 2ce. the next highest bid was $35.... but I wanted to blow it out.
Again, I am spending $850 plus spent the $150 plus I am buying christmas cards FROM HER for for $45 for 25 cards. I specifically asked if I will get the images and the auctioneer said yes, she is a close personal friend, and presented this as something she was donating as a good cause. It wasn't until I spoke to her AFTER I bought it, that I learned of her policy. At first she would sell me the images at $50..... then it became $50 per image, then it became, medium resolution only, then it became, "Will give me the thumbnails" then it became, "only the thumbnails of that which you are purchasing, then it became, $50 per medium resolution of ONLY the prints you order IF you spend $1,500. I mean, its not right.
Also she's acting like since she charges $200 for her shoots, and I only paid $150 at the auction that she's GIVING me so much. Not bending, not honoring what was told.... etc.

 

[amolitor]

It sounds like what was offered at auction was only the photoshoot, not any actual products at all. No cards, no prints, no nothing, without giving the photographer more money. If this is correct, the photographer is a scumbag. At best thoughtless, at worst a sleazy and mercenary crook.

While it's true that the shoot and the actual products are usually priced separately, to auction off only the part that hasn't got any value to the client is really crummy. Unbending to the point of giving you 25 unsatisfactory cards is unacceptable. It's like auctioning off the table service for a dinner at a restaurant, but not, you know, any actual food. "We're auctioning off corkage on up to 5 bottles of wine. No, no, not any actual wine. Just the fee to take the corks out." Sure, one pays for both, but at a charity auction I expect to get something for the amount I bid, not just some teaser.

I don't think there's anything you can do, but I would a) let the charity know to not do business with this person again and b) I would yelp the crap out of them.

Now, if the deal all along was that you got so and so many cards, and that's what you bid on, and that's what you got, well, that's just how it is. In that case you bid on cards, you won cards, and you got cards. End of story.

 

[anniemomster]

Lol, actually 5 times as much, but I was just stating in expression. I can do math, lol.

 

[anniemomster]

No, it wasn't for cards. It was in my mind what I would do with the pictures, but now I'm buying $850 prints for my walls which is great, but unexpected. It certainly is an investment, especially for us.

 

[ronlane]

It does sound like you are getting a raw deal with her changing the story. As stated by tirediron, I'm no lawyer and don't want to be, I'm not sure there is much you can do other than scream as others have suggested. Maybe buy the cards and cancel the rest of the order. It's easy for her to play hard ball since you have the $850 order in.

 

[amolitor]

It sounds to me as if what was being auctioned was unclear. That's a problem.

I wouldn't give this person any money at all. There's plenty of excellent photographers out there who'll make it clear what it is that you're buying and what it is that you're not, and won't weasel around changing the story on you.