Home · Register · Software · Software · Join Upload & Sell

Moderated by: Fred Miranda
Username  

FM Forum Rules
Wedding Resource List
  

FM Forums | Wedding Photographer | Join Upload & Sell

1       2      
3
       end
  

Archive 2016 · Subpoenaed - do I have a right to charge for my images?
  
 
Littleguy
Offline
• • •
Upload & Sell: Off
p.3 #1 · p.3 #1 · Subpoenaed - do I have a right to charge for my images?


Sounds like the hotel wants to show that the bride was fine and partying away on her wedding day AFTER her accident at her rehearsal dinner - so if she needs surgery now it wasn't caused by her fall at the rehearsal dinner because the photos show she was fine on her wedding day. Or maybe they are going to say that she did some fancy dance move that caused her injury at the wedding which had nothing to do with her fall at the rehearsal dinner that happened before the wedding...

Too late now but you should have contacted YOUR client and ask her to contact her lawyer to help you navigate the legal minefield.

They could have asked for the photos from her at discovery but chose to drag you into their civil lawsuit, probably so they don't tip their hand to your client.



Nov 03, 2016 at 05:08 AM
amonline
Offline
• • • • •
Upload & Sell: Off
p.3 #2 · p.3 #2 · Subpoenaed - do I have a right to charge for my images?


I agree with the comment regarding filing a motion in the case against the lawyer, and taking him to small claims, following the collection route. This is one scumbag that needs to learn a lesson. You don't just demand something from a contracted professional that had nothing to do with the case for free. This country is already corrupt enough. Do your part to fix a problem you've uncovered.


Nov 03, 2016 at 05:21 AM
Littleguy
Offline
• • •
Upload & Sell: Off
p.3 #3 · p.3 #3 · Subpoenaed - do I have a right to charge for my images?


Not a lawyer and not a US citizen.

But ask your lawyer about this Rule 45 section d
https://www.law.cornell.edu/rules/frcp/rule_45

Rule 45 (d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney's fees—on a party or attorney who fails to comply.

Found some info here:
http://www.mondaq.com/unitedstates/x/340478/disclosure+electronic+discovery+privilege/Shifting+The+Costs+Of+Complying+With+A+Rule+45+Subpoena



Nov 03, 2016 at 05:32 AM
nagoc50
Offline

Upload & Sell: Off
p.3 #4 · p.3 #4 · Subpoenaed - do I have a right to charge for my images?


Before I would put a collection agency or file in small claims, etc. I would definitely check the rules/call a lawyer (heck call the County Court Clerk and see if they can offer you some insight -- many times they will) and see what you may be owed as a non-party to a suit that's been subpoenaed to provide photos. Ask whether it's a "reasonable fee" or if there is some statutory per page/image charge and if you are limited to what you can charge for your retrieval time. Ask if you have to send the invoice to the Judge in the case for approval. My main point is that attempting to collect a debt is pretty serious and I'd want to make sure I was absolutely correct and also know whether it would even be worth it.

With all of that -- If the rules of civil procedure in Florida allow you to be compensated and you've jumped through any hoops to get paid, and he still refuses to pay, then I would report the lawyer to the state bar's ethics committee or board for failing to pay. If you are in the right, nothing will get his attention faster.

Or just let it go and take a deduction. Either way, do some homework and good luck.



Nov 03, 2016 at 11:53 AM
1       2      
3
       end






FM Forums | Wedding Photographer | Join Upload & Sell

1       2      
3
       end
    
 

You are not logged in. Login or Register

Username     Reset password