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-   -   Wedding Photographer lost originals (https://www.askmehelpdesk.com/showthread.php?t=239868)

  • Jul 21, 2008, 07:43 AM
    brianweb
    Wedding Photographer lost originals
    I live in NY and was married in October 2004. We paid a photographer approximately $2000 for services and $2500 for the album. There is no issue with the album. Over the years, we have purchased from time to time a couple 8x10 without any issue.

    Recently, we wanted to have some prints made and were told by the studio that they were having trouble finding our originals. I just received a call that the originals can not be found.

    Our entire wedding was shot in digital, so it is not like they can not find a roll of film. Looking over our wedding contract, it says after 3 years we can purchase the originals for $800, however makes no mention that they are not responsible for them after that. In fact they are not even claiming that they should no longer have them, they are very apologetic and don't know where they are.

    It's not like I want to sue them for millions, however I feel there is a legitimate issue with no longer being able to purchase reprints from my wedding. So, what is reasonable amount to represent the fact that I can never get reprints of my wedding photos? Is it not reasonable to assume in a digital age that a CD or other digital means could be stored for a long period?
  • Jul 21, 2008, 07:56 AM
    JudyKayTee
    Quote:

    Originally Posted by brianweb
    I live in NY and was married in October 2004. We paid a photographer approximately $2000 for services and $2500 for the album. There is no issue with the album. Over the years, we have purchased from time to time a couple 8x10 without any issue.

    Recently, we wanted to have some prints made and were told by the studio that they were having trouble finding our originals. I just received a call that the originals can not be found.

    Our entire wedding was shot in digital, so it is not like they can not find a roll of film. Looking over our wedding contract, it says after 3 years we can purchase the originals for $800, however makes no mention that they are not responsible for them after that. In fact they are not even claiming that they should no longer have them, they are very apologetic and don't know where they are.

    It's not like I want to sue them for millions, however I feel there is a legitimate issue with no longer being able to purchase reprints from my wedding. So, what is reasonable amount to represent the fact that I can never get reprints of my wedding photos? Is it not reasonable to assume in a digital age that a CD or other digital means could be stored for a long period of time?


    Can't you get the photos reprinted - ? I'm assuming you want additional prints of photos you already have. Or not.

    What you would sue for would depend on your damages. I don't know how you would figure an amount and other than the emotional issue I don't know that you are damaged.
  • Jul 21, 2008, 08:02 AM
    ScottGem
    Frankly, I don't think you have any grounds for suit. The fact that your contract states you can purchase the original after 3 years gives them an implied time frame during which they have to keep the originals. Beyond that, they are off the hook.

    What I would do, is ask them if they can scan your album and reproduce electronic versions from them. I would suspect they have equipment and tools to do this more professionally. Hopefully they will do this free of charge as compensation.
  • Jul 29, 2008, 11:00 AM
    ang8318
    You were lucky to be given 3 years for reprints, most places do not do that. I agree with Scott, see if they can scan your album and give you the pictures. You really cannot expect someone to store your wedding photos forever, digital or not.
  • Jul 29, 2008, 11:24 AM
    Fr_Chuck
    Unless the contract states that items will be available after 3 years, this being after 3 years, I am not sure you have a suit at all. If you did, it would be the value of the album at most.

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