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Archive 2016 · Subpoenaed - do I have a right to charge for my images?
  
 
delsol9400
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p.1 #1 · p.1 #1 · Subpoenaed - do I have a right to charge for my images?


Been subpoenaed for copies of digital files from a wedding. I feel they are artwork, and if a lawyer wants them, they should pay for them. The lawyer does not want to pay for them and is threatening to charge me $2000+ in lawyer fees if I don't produce them tomorrow. Am I entitled to charge for subpoenaed records? There was considerable time involved with recovering the archived files as well.

Thanks,
Joe




Nov 01, 2016 at 08:33 PM
BSPhotog
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p.1 #2 · p.1 #2 · Subpoenaed - do I have a right to charge for my images?


delsol9400 wrote:
Been subpoenaed for copies of digital files from a wedding. I feel they are artwork, and if a lawyer wants them, they should pay for them. The lawyer does not want to pay for them and is threatening to charge me $2000+ in lawyer fees if I don't produce them tomorrow. Am I entitled to charge for subpoenaed records? There was considerable time involved with recovering the archived files as well.

Thanks,
Joe



Ask a lawyer, not a forum. Sounds like you don't have much time, so better be sure you have the right answer!



Nov 01, 2016 at 08:40 PM
gnjphotography
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p.1 #3 · p.1 #3 · Subpoenaed - do I have a right to charge for my images?


Why are you being subpoenaed? Is it for a legal case? Did something illegal happen at the wedding that the photos could possibly show evidence of? Is the attorney a friend of the bride and groom trying to get free photos for them? Did they ask for digital copies, you said no and now they got an attorney involved? Do you have a signed contract reserving all digital files to yourself? Not enough info in the initial post.


Nov 01, 2016 at 08:49 PM
amonline
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p.1 #4 · p.1 #4 · Subpoenaed - do I have a right to charge for my images?


Need a hell of a lot more information. lol


Nov 01, 2016 at 08:51 PM
delsol9400
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p.1 #5 · p.1 #5 · Subpoenaed - do I have a right to charge for my images?


The bride slipped and fell at the rehearsal dinner. The short story is she required surgery, and now her insurance company is going after the venue. I wasn't at the rehearsal, just the wedding. The lawyer who is in contact with me is representing the venue. After I received the subpoena I invoiced the lawyer for my time, and now at the last minute he's saying he doesn't want to pay. He says if I don't produce the images, he's going to file a motion to get roughly $2000 back to cover the lawyers time to meet me at the deposition tomorrow. Obviously at 5pm EST the night before I don't have much time to contact a lawyer of my own, or even know if it would be worth it just to fight on principle.


Nov 01, 2016 at 08:56 PM
taran
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p.1 #6 · p.1 #6 · Subpoenaed - do I have a right to charge for my images?


This sounds like it could only occur in Florida.


Nov 01, 2016 at 08:59 PM
BSPhotog
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p.1 #7 · p.1 #7 · Subpoenaed - do I have a right to charge for my images?


delsol9400 wrote:
The bride slipped and fell at the rehearsal dinner. The short story is she required surgery, and now her insurance company is going after the venue. I wasn't at the rehearsal, just the wedding. The lawyer who is in contact with me is representing the venue. After I received the subpoena I invoiced the lawyer for my time, and now at the last minute he's saying he doesn't want to pay. He says if I don't produce the images, he's going to file a motion to get roughly $2000 back to cover the lawyers time to meet me at the
...Show more

That said, maybe provide digital images of high resolution and a release allowing for their use in a time limited fashion for litigation use only. I'd also invoice them for your time/resources...but not for the art. You want to keep your former client happy and stay in the good graces of the court as well.



Nov 01, 2016 at 09:03 PM
leethecam
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p.1 #8 · p.1 #8 · Subpoenaed - do I have a right to charge for my images?


Sounds to me like he has contracted your time at an agreed (?) rate and is now refusing to make good on the debt.

Sounds like he is a real ambulance chaser. I'll call him up on it. You'd need something in writing for the initial fee and then the refusal to pay.

Of course if there isn't an agreed service (for which you'd agreed a fee) or if there isn't evidence of this (which he may feel is to his advantage), then one could assume there was no agreement or requirement to produce the images in question.

He can't have it both ways. Can't insist on a professional service and not pay the professional. Either he contracted you to supply or he didn't. Would he like to choose which....



Nov 01, 2016 at 09:04 PM
mineymole
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p.1 #9 · p.1 #9 · Subpoenaed - do I have a right to charge for my images?


Ask a lawyer.


Nov 01, 2016 at 09:06 PM
rodmcwha
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p.1 #10 · p.1 #10 · Subpoenaed - do I have a right to charge for my images?


First-ask a lawyer.
BUT--I have supplied photos to the court, through attorneys, on several occasions, and always was well paid for them.



Nov 01, 2016 at 09:21 PM
 

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jmraso
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p.1 #11 · p.1 #11 · Subpoenaed - do I have a right to charge for my images?


Not knowing a bit about US laws or FL laws, what he is asking for lacks of common sense to me, and as my lawer told me once, "law is about common sense", and I think common sense is international, at least in the First World.

Dont freak out, lawers fail sometimes, beleive me.

Not a chance to speak with a friend lawer or any free bureau of any kind ?

Good luck.



Nov 01, 2016 at 09:27 PM
delsol9400
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p.1 #12 · p.1 #12 · Subpoenaed - do I have a right to charge for my images?


Unfortunately the lawyer for the hotel sent a last minute message saying that he's not paying and threatened to charge me lawyer fees if I don't produce the images. I don't have the luxury of time at this point to contact a lawyer... Nor do I think it's even worth it considering what I was charging for the images. I just think it's wrong what he's doing and wanted to reach out to see if anyone else has been in a similar situation, especially in FL.


Nov 01, 2016 at 09:31 PM
glort
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p.1 #13 · p.1 #13 · Subpoenaed - do I have a right to charge for my images?



In my unfortunate experience with lawyers a few times, I have found them to be the most untrustworthy, lying, POS snakes in the grass ever.

Many work on fear factor that they can charge you money or take you to court when in reality, they will say anything at all to get you to do what they want.
I'm going through first hand experience ATM where lawyers are just creating fiction and even getting people to make sworn statements that thankfully, a government body investigation is shooting down in smoking flames.
This isn't tiddly wink stuff either but it's not stopping these filthy vultures just abusing the law and saying anything to protect their clients interest.

Anyone that thinks the law is about truth and Justice is sadly naive.

While I'm not a lawyer or play one on TV, I do know it's one thing to threaten to charge someone for something and a hell of a lot different to collect on it. I can bill you for this advise but it does not mean I have a leg to stand on in getting that money.

I'd be calling this guy's bluff. Just the time frame alone I'm pretty sure would give you grounds for a defence because you do not have time to seek legal opinion.
He has no more right to charge you for his services than you do to charge for yours.

Another life experience repeated over and over has been the harder people push and try to convince you of something, the bigger the chance they are trying to bullshit you for their own benefit .



Nov 01, 2016 at 09:54 PM
jmraso
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p.1 #14 · p.1 #14 · Subpoenaed - do I have a right to charge for my images?


Excellent dissertation !

glort wrote:
In my unfortunate experience with lawyers a few times, I have found them to be the most untrustworthy, lying, POS snakes in the grass ever.

Many work on fear factor that they can charge you money or take you to court when in reality, they will say anything at all to get you to do what they want.
I'm going through first hand experience ATM where lawyers are just creating fiction and even getting people to make sworn statements that thankfully, a government body investigation is shooting down in smoking flames.
This isn't tiddly wink stuff either but it's not
...Show more




Nov 01, 2016 at 09:59 PM
elevationphoto
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p.1 #15 · p.1 #15 · Subpoenaed - do I have a right to charge for my images?


He is trying to pull a fast one one you. Let's think logically. What if you were flying out of town tomorrow morning or already out of town on business? He has to give you ample time and all signs point to him using lawyer status and threats to strong arm you. I would bet my camera gear he has no leg to stand on and is just a lying, scum bag. Call a law office first thing in the morning. Have photos ready just in the off case.

A phone call to you holds no merit that he officially and legally requested photos from you. Subpoenas are court approved and have paper work backing. They legally require written proof of service. Until he can prodcuce, you have no responsibility, regardless of what is threatened.

Talk to a lawyer but no way he can prove he asked you. A phone call record provides no real proof. A certified mail served court document does. That's why lawsuits are "served".

Some states (as is the case in Florida) require the subpoenaing party to first file a Notice of Intent to Serve Subpoena, or a Notice of Production from Non-Party ten days prior to issuing the subpoena, so that the other party may have ample time to file any objections.

- FYI-
Also, the party being subpoenaed has the right to object to the issuance of the subpoena, if it is for an improper purpose, such as subpoenaing records that have no relevance to the proceedings, or subpoenaing persons who would have no evidence to present, or subpoenaing records or testimony that is confidential or privileged.


Edited on Nov 01, 2016 at 10:22 PM · View previous versions



Nov 01, 2016 at 10:14 PM
jmraso
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p.1 #16 · p.1 #16 · Subpoenaed - do I have a right to charge for my images?


Exactly !

elevationphoto wrote:
He is trying to pull a fast one one you. Let's think logically. What if you were flying out of town tomorrow morning or already out of town on business? He has to give you ample time and all signs point to him using lawyer status and threats to strong arm you. I would bet my camera gear he has no leg to stand on and is just a limiting, scum bag. Call a law office first thing in the morning. Have photos ready just in the off case.

A phone call to you holds no merit that he officially
...Show more




Nov 01, 2016 at 10:20 PM
delsol9400
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p.1 #17 · p.1 #17 · Subpoenaed - do I have a right to charge for my images?


I think I may have not explained myself good enough. The lawyer has gone through the legal trouble to subpoena me, and has done it correctly. My question is, do I have a right to charge for the digital images that he has requested through the subpoena? He says he's not legally required to pay. Here's his email below:

--
Please note you have been subpoenaed to provide all the directed records, documents, and photos at the deposition. A court reporter will be present to make any copies of the records and return any originals to you. If you fail to provide all the records at the deposition, the attorneys for either party can request the court to award them their fees for having to attend. If you have any additional questions, please let me know.

Regards,

Chip Tieder



Nov 01, 2016 at 10:39 PM
LeeSimms
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p.1 #18 · p.1 #18 · Subpoenaed - do I have a right to charge for my images?


I've spent 10+ years in litigation multi-media support (we have another business) and something doesn't sound right here.

Photographers in a forum would have no clue perhaps you could reach out to a lawyer forum (I'm serious).



Nov 01, 2016 at 10:48 PM
mhp_sd
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p.1 #19 · p.1 #19 · Subpoenaed - do I have a right to charge for my images?


Hmmm. No legal knowledge on my side here, but reading his request, what exactly has he listed as directed records? Could you meet the requirement with a printed contact sheet of all images and provide him your standard reprint rates? Did he specify original resolution images? Provide him with 36x36 (or similar useless) pixel digital files? Odds are the attorney is representing the venues' insurance company and this isn't coming out of his pocket.


Nov 01, 2016 at 10:48 PM
rw11
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p.1 #20 · p.1 #20 · Subpoenaed - do I have a right to charge for my images?


dunno the answer to that question but contact a lawyer, indeed contact the lawyer for the other side

the above doesn't say YOU have to pay just that they can ask the ct. to get some fees - maybe from the other side

also, tell this lawyer you are going to file a bar complaint against him & see what happens

a court will have power to make you produce things even if you are a 3rd party - seems odd that this guy can do that on his own...



Nov 01, 2016 at 10:52 PM
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