Wedding..."legal"..issues

roz · Jul 14, 2014

I'm fairly new to photography and just finished my first wedding shoot last weekend.
Prior to the wedding, the bride had call me up to ask if her cousin could "shadow" me, as she was a new photographer and wanted to take a few candids as a gift to the bride and groom. I said sure. I think in my mind, I assumed she would be some young chick with a janky camera, who I'd take under my wing like Gandalf. I don't know man..
Anyways, the bride and groom signed my contract. One of the clauses in it, is that I'm the sole professional photographer during the wedding.
So I get there and the bride's cousin shows up with at LEAST 20k in camera equipment. I immediately feel intimidated, pissed and speechless. We head outside so can do the formals before the wedding. I'm photographing the bride and the groom, she's pulling groups together to photograph without my knowledge.
We head back inside to do the ceremony. I'm front and center so I can get a great view of the bride coming down the isle AND THIS LADY WALKS INTO THE ISLE AND STARTS PHOTOGRAPHING. I finally make eye contact with her and motion for her to move the f out of the way. She rolls her eyes and continues shooting.
Needless to say, I have 98 images with her fat head and body in my frame. Twenty images were her in my shot while the bride walked down the isle. She was asked to move multiple times, she ignored.
Next day, I go to upload a images onto my facebook page, so I can tag the bridge and groom and this cousin has uploaded her images to her BUSINESS page (Which I was unaware of), watermarked them and tagged the entire wedding party in every picture. Ten of these images were poses I had put together, that she took standing directly behind me.
So I send her a message and ask her to remove them. That is was a breach in the bride and grooms contract and to avoid bugging them on their honeymoon, I'd prefer for her to amend the situation without further discussion.
She tells me I have no ground to harass her, that she will file a harassment charge, refuses to take down her images and tells me that if I contact her again, she will seek legal help.
What the heck do I do?
I copy and pasted the entire conversation and sent it to the bride so that she was aware of the situation. I asked the bride to have her cousin remove her images and she said she would talk to her when she got back from her honeymoon, which is in two weeks.
I don't think that's right either.
Please help.

roz · Jul 14, 2014

Please excuse typos, small toddler on lap beating me with a cabbage patch doll...

tirediron · Jul 14, 2014

Consult a lawyer. The time to have done something was at the event. If you're going to be a wedding shooter, you have to TAKE CHARGE! If someone starts mucking about, you have to sort it out right then and there.

limr · Jul 14, 2014

Well, a quick look at Washington statute (state, right? Not DC?) will show you that her harassment threat is a load of crap.

The relevant section for criminal charges:

9A.46.020 Definition — Penalties(1) A person is guilty of harassment if:

(a) Without lawful authority, the person knowingly threatens:

(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.

Assuming you're not threatening to hurt her, damage her property, or keep her hostage, then that leaves "without lawful authority, maliciously do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety." First of all, the contract was between you and the bride, so you DO have lawful authority to confront her about her behavior. Second, you're not acting maliciously with the intent to substantially harm the person's physical or mental health.

In other words, it's not enough to just annoy someone.

Relevant information about civil charges:

Defining Harassment
Washington state law (RCW Chapter 10.14) defines unlawful harassment as a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses or is detrimental to such person and serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotion distress, or when the course of conduct would cause a reasonable parent to fear for the well-being of their child.

Your contact with her has a legitimate and lawful purpose.

Under Washington law, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. "Course of conduct" includes the sending of an electronic communication, but does not include constitutionally protected free speech. An individual may request an order of protection that may prohibit harassment, contact and restrain the person (respondent) from coming within a specific distance of one's residence, workplace or school.

In other words, a real threat or 'fighting words" (like saying you're going to kill her if she doesn't take the photos down, and if it's clear that you mean it) are NOT protected, but telling her she behaved poorly and interfered with your work - even calling her a ***** if you want - IS protected.

So, forget about her threat.

As for the contract, the thing is that she was not a party to the contract. You can't say that SHE breached the contract because that was between you and the bride/groom. The only way this other shooter could be considered in breach is if you can claim that the verbal agreement for her to only shadow you was a contract, and she was a party to that contract. THEN she'd be in breach.

If you didn't get the shots and the bride and groom are not happy, they might claim that YOU were in breach. You were the photographer and it was your responsibility to get the shots. The conditions were under your control. Yes, you tried and she ignored you, but it could be argued that you should have been more forceful.

Of course, then you could counter that they broke the "sole photographer" clause of the contract when they brought in the second shooter who then is trying to claim credit for the wedding.

What it all boils down to is talk to a lawyer. I'd do it sooner rather than later, at least to see if there is enough to get the attorney to send a cease and desist letter to get her to take the photos down.

ShaneF · Jul 14, 2014

I don't have any advice but you have my support in dealing with the cousinzilla. Good luck..

jake337 · Jul 14, 2014

Honestly, I'm wondering why they even hired you if they have a cousin with 20k in gear who is already a professional. Maybe they hired you "just in case" their cousin couldn't make it.

roz · Jul 14, 2014

Thanks guys, I really appreciate the help. I spent hours trying to find some form a rights I could read up on, in regards to her contract and this chicks assumption that I'm "verbally abusing her". Last time I checked, asking someone to remove their images was not harassment. I was just so freakin shocked that she went this route. Now the bride and groom are mad at us both and told me that I need to deal with it and figure it out with this cousin of hers. How about no. SO...I'm going to finish editing their wedding. Package it up real nice. Ship it out and get back to boudoirs, which is what I fell in love with in the first place. Weddings blow. Lesson learned. If you're not in a corset and partial drunk from nerves, I. do. not. like. you.
I don't even care how pervy that sounds.

roz · Jul 14, 2014

My thoughts exactly Jake. About crapped my pants when she showed up.

roz · Jul 14, 2014

Thank you Limr for the solid advice, I really appreciate the help.

gsgary · Jul 15, 2014

Give them the photos, take your money and walk away

sscarmack · Jul 15, 2014

You live, you learn. I don't allow anyone to shadow me unless I specifically hired them.

I agree with the, get paid, give them the photos, run.

astroNikon · Jul 15, 2014

wow, cousinzilla is it!

I'd say just Take the money and run ... unless you want to do something about it then hire a lawyer .. the 2nd shooter seems very ultimatum like ...

Braineack · Jul 15, 2014

what are you going to sue for?

how can someone else breach a contract between you and another party?

the cousin was given permission to shoot for free, you were hired to shoot by the same person. provide them the pictures they hired you for and move on.

she has no obligation to remove her own photos.
you have a legal obligation to fulfill your contract.

so I hope the bride and groom enjoys a bunch of pictures of their cosuin getting in the way...

also, what sort of protection does that claused give you in your contract? let's say the cousin is "professional". Now what? what can you sue them for? breach of contract? So you want them to like not pay you something? or you just don't hand over pictures where they counter-sue you for breach of contract?

robbins.photo · Jul 15, 2014

Unfortunately you kind of shot yourself in the foot the moment you agreed to let cousinzilla "shadow" you. Unless you can prove that she sold photographs to the wedding couple I doubt your contract will be worth much as a result, and frankly the time and money it would take to try and enforce the clause of you being the only "professional shooter" present would really be worth it. Since your contract is with the couple, and not with the cousin, the only portion I have a feeling you could have a case on would be if the couple actually paid the cousin for photographs - and, well, good luck proving that.

So do the best you can with the shots you have, give the couple the best wedding pictures you can under the circumstances and forget about the rest. If at some stage you do decide you'd like to do another wedding, if anyone asks can "X" come along and shadow you, politely tell them no, they cannot. Then let the couple know that you've found such shadowing to be very disruptive in the past and you'll hope they will make it clear to "X" that they should not be standing in front of you while your shooting, or behind you shooting over your shoulder. Let the couple know your setting this expectation now so you can avoid any unpleasantness at the actual event, but should "X" violate these rules you will be forced to explain to X that they need to cease and desist and you don't want that to become an issue or turn into a scene that might put a damper on their big day.

AmberAtLoveAndInk · Jul 15, 2014

I just had a similar issue over the weekend, except it wasn't a cousin with 20k in gear, it was a much older uncle with a 10D. Granted, he did not get in the way of the aisle, but he did make group shots a hell of a lot harder for me. I would get everyone together, have them ready and he would interject and have them move "a tad this way." Umm. NO. I need them "a tad" THAT way. I couldn't get too bitchy because he was very close to the bride, so instead I pulled the bride aside mid way through our formals and said as politely as I could, "I don't mean to make your wedding pictures any more stressful than it is, but the quality of your photos depend greatly upon the participation of the bridal party and the common courtesy of your GUESTS to let me do what I have been hired to do. At the end of the day I want to give you the best possible photos I can, I'm sure you feel the same."
After that the uncle backed off a bit but was still a royal nuisance. As for your situation, I suggest finishing them up and getting them delivered, if they have anything to say simply inform them that you tried numerous times to get the cousin to cooperate with you and when she didn't, if a shot was missed because of her, it was no longer in your control and you are not responsible for means of which you cannot control.