Who gets the Album? at DVinfo.net

Noel Lising · October 3rd, 2008, 06:59 AM

This has got to be a record. I shot a wedding last August, I mailed the Bride their Digital Negatives and told her the video & wedding album would be finished in 6-8 weeks. Last night the Groom called me asking where the negatives are, I told him I already mailed the negatives a few weeks ago. He was pissed and told me that he should get the negatives and not the bride, no video, no album should be given to the bride as their situiation has changed. Bride called me a few minutes later and told me everything goes to her. I never asked why but I assume they have parted ways.

I can give both of them their DVD copies, but who gets the wedding album? I am in a tug of war right now.

Kelsey Emuss · October 3rd, 2008, 07:09 AM

WOW! That's a sticky one! Bigger question: Why would either WANT the album/video?!?

Martin Mayer · October 3rd, 2008, 07:12 AM

Did ONE of them actually pay you (i.e. ONE of their names on a cheque/bank transfer?) If so...

Noel Lising · October 3rd, 2008, 07:21 AM

Quote:

Originally Posted by Kelsey Emuss

WOW! That's a sticky one! Bigger question: Why would either WANT the album/video?!?

I don't know why. Could be a power play who gets to burn what.

Noel Lising · October 3rd, 2008, 07:23 AM

Quote:

Originally Posted by Martin Mayer

Did ONE of them actually pay you (i.e. ONE of their names on a cheque/bank transfer?) If so...

They paid cash and both shared expenses. All the while I thought they are in their honeymoon as the Bride is calling from the States.

Giroud Francois · October 3rd, 2008, 07:28 AM

you split everything in 2 and send half to each.

Noel Lising · October 3rd, 2008, 07:37 AM

Quote:

Originally Posted by Giroud Francois

you split everything in 2 and send half to each.

I can't split the album, they ordered the Coffee Book Style album (mounted/laminated). Anyway I sent them an encouraging email, maybe they'll resolve the matter in due time.

I am in the middle of this. Tell her to call me, tell him to call me.

I am thankful I changed my payment scheme this season otherwise I won't be getting paid on this one.

Edward Phillips · October 3rd, 2008, 08:41 AM

Whomever you decide to deliver the album to, I would make sure you ship with some type of signature confirmation so that the party that does not receive the album doesn't try to demand a refund for not receiving what they paid for. Then at least you're covered in delivering what you promised. Also, if there was an address for the B&G in the contract I would stick with shipping it to that location so that it all looks good on paper from your side.

John Knight · October 3rd, 2008, 12:49 PM

I've been in this situation twice before. Here is what I've learnt.

DO NOT bust your guts worrying and trying to "do the right thing".

You are probably not dealing with fair and reasonable people so don't expect fair and reasonable discussions or decisions out of them. They can't even hold their marriage together for 5 minutes let alone give some lowly photographer/videographer any respect or courtesy.

I would send them a semi-legal sounding letter (clear and to the point) stating that there is "obviously some conflict as to ownership of property. In these circumstances I cannot get involved personally for legal reasons. You need to come to an agreement between yourselves - perhaps nominate a 3rd party to which the goods should be delivered so that I can fulfill me side of the contract. This request needs to be signed by the pair of you so that I am not dragged into your conflict. I will NOT release the album to either of you without the others full written permission... please do not request this in future correspondence to me. I hope you can work together to resolve this situation."

This worked like a charm for me. Although once the groom turned around and started emailing me back with "Please can I pick this up" etc.... so I gave him the old classic... "Please read my original email. Any further correspondence regarding this matter will need to be through my legal respresentative xxx xxx if it cannot be resolved as stated."

Mate - remember, I've filmed several hundred weddings over 20 years - it's purely a numbers game. I've been so lucky to meet hundreds of awesome couples. But sooner or later you'll meet a couple of real pricks. Don't take it personally... but don't get pushed around.

Travis Cossel · October 5th, 2008, 12:56 AM

For me this would be a simple answer. Who signed the contract? That's who gets the product.

Noa Put · October 5th, 2008, 01:56 AM

I have had 2 couples so far (that I know of) that got separated just a few months after they got married, that's one of the reasons why I (try to) keep my backlog limited to max 2 months. I always ask for a deposit in advance and they have to pay the rest in cash when I deliver. I know this is a risk but I expect (hope) nobody to get separated in the first 2 months.
If I would get in the same situation as described above I would look, as Travis pointed out, who signed the contract and settle the delivery and payment with that person. If both signed I would just pick one person but would ask that person to sign a paper that they have received everything .
If I would then get an angry phonecall from the other person I couldn't care less, I took my responsibility, now it's time they took theirs.

Kevin Shahinian · October 5th, 2008, 10:57 AM

I agree with John. Don't send to either until they both come to a mutual agreement.

Travis Cossel · October 5th, 2008, 12:45 PM

Quote:

Originally Posted by Noa Put

I have had 2 couples so far (that I know of) that got separated just a few months after they got married, that's one of the reasons why I (try to) keep my backlog limited to max 2 months. I always ask for a deposit in advance and they have to pay the rest in cash when I deliver. I know this is a risk but I expect (hope) nobody to get separated in the first 2 months.
If I would get in the same situation as described above I would look, as Travis pointed out, who signed the contract and settle the delivery and payment with that person. If both signed I would just pick one person but would ask that person to sign a paper that they have received everything .
If I would then get an angry phonecall from the other person I couldn't care less, I took my responsibility, now it's time they took theirs.

If you have a contract where both individuals sign then I wouldn't just pick one of them to give the product to. I would ask them to work things out first. However, I think it's a really bad idea to have two people signing the contract.

Noa Put · October 5th, 2008, 01:00 PM

Quote:

Originally Posted by Travis Cossel

I would ask them to work things out first.

Well, I'm a videographer and not a marriage counselor :) so their personal problems are not mine. About 2 persons signing a contract, here this legally doesn't make any difference but in most cases just one signs.

Travis Cossel · October 5th, 2008, 02:28 PM

Quote:

Originally Posted by Noa Put

Well, I'm a videographer and not a marriage counselor :) so their personal problems are not mine. About 2 persons signing a contract, here this legally doesn't make any difference but in most cases just one signs.

My point was that if your contract has 2 people signing it, then you have a responsibility to BOTH people .. which is why I would strongly recommend against doing that. You may not be a marriage counselor, but if your contract has you connected with both parties, then unfortunately you've put yourself in the middle of the drama.

Maybe it's different where you live, but I'm pretty sure that having 2 names on the contract would really complicate things here in a situation like this.

October 3rd, 2008, 06:59 AM	#1
Noel Lising Major Player Join Date: Jul 2008 Location: Toronto, Canada Posts: 789	Who gets the Album? This has got to be a record. I shot a wedding last August, I mailed the Bride their Digital Negatives and told her the video & wedding album would be finished in 6-8 weeks. Last night the Groom called me asking where the negatives are, I told him I already mailed the negatives a few weeks ago. He was pissed and told me that he should get the negatives and not the bride, no video, no album should be given to the bride as their situiation has changed. Bride called me a few minutes later and told me everything goes to her. I never asked why but I assume they have parted ways. I can give both of them their DVD copies, but who gets the wedding album? I am in a tug of war right now.

October 3rd, 2008, 07:12 AM	#3
Martin Mayer Major Player Join Date: Jun 2004 Location: Oxfordshire, UK Posts: 416	Did ONE of them actually pay you (i.e. ONE of their names on a cheque/bank transfer?) If so... __________________ Martin at HeadSpin HD on Blu-ray

October 5th, 2008, 12:56 AM	#10
Travis Cossel Inner Circle Join Date: Jan 2004 Location: Miami, FL Posts: 2,933	For me this would be a simple answer. Who signed the contract? That's who gets the product. __________________ Black Label Films www.blacklabelweddingfilms.com

October 5th, 2008, 10:57 AM	#12
Kevin Shahinian Regular Crew Join Date: Aug 2008 Location: Southern California Posts: 116	I agree with John. Don't send to either until they both come to a mutual agreement. __________________ www.PacificPictures.net

October 3rd, 2008, 07:09 AM	#2
Kelsey Emuss Major Player Join Date: Jan 2008 Location: Burlington, Ontario, Canada Posts: 259	WOW! That's a sticky one! Bigger question: Why would either WANT the album/video?!?

October 3rd, 2008, 07:28 AM	#6
Giroud Francois Inner Circle Join Date: Feb 2004 Location: switzerland Posts: 2,133	you split everything in 2 and send half to each.

October 3rd, 2008, 08:41 AM	#8
Edward Phillips Regular Crew Join Date: May 2008 Location: Memphis, TN Posts: 118	Whomever you decide to deliver the album to, I would make sure you ship with some type of signature confirmation so that the party that does not receive the album doesn't try to demand a refund for not receiving what they paid for. Then at least you're covered in delivering what you promised. Also, if there was an address for the B&G in the contract I would stick with shipping it to that location so that it all looks good on paper from your side.

October 3rd, 2008, 12:49 PM	#9
John Knight Major Player Join Date: May 2008 Location: Auckland, New Zealand Posts: 588	I've been in this situation twice before. Here is what I've learnt. DO NOT bust your guts worrying and trying to "do the right thing". You are probably not dealing with fair and reasonable people so don't expect fair and reasonable discussions or decisions out of them. They can't even hold their marriage together for 5 minutes let alone give some lowly photographer/videographer any respect or courtesy. I would send them a semi-legal sounding letter (clear and to the point) stating that there is "obviously some conflict as to ownership of property. In these circumstances I cannot get involved personally for legal reasons. You need to come to an agreement between yourselves - perhaps nominate a 3rd party to which the goods should be delivered so that I can fulfill me side of the contract. This request needs to be signed by the pair of you so that I am not dragged into your conflict. I will NOT release the album to either of you without the others full written permission... please do not request this in future correspondence to me. I hope you can work together to resolve this situation." This worked like a charm for me. Although once the groom turned around and started emailing me back with "Please can I pick this up" etc.... so I gave him the old classic... "Please read my original email. Any further correspondence regarding this matter will need to be through my legal respresentative xxx xxx if it cannot be resolved as stated." Mate - remember, I've filmed several hundred weddings over 20 years - it's purely a numbers game. I've been so lucky to meet hundreds of awesome couples. But sooner or later you'll meet a couple of real pricks. Don't take it personally... but don't get pushed around.

October 5th, 2008, 01:56 AM	#11
Noa Put Inner Circle Join Date: Jun 2007 Location: Belgium Posts: 9,509	I have had 2 couples so far (that I know of) that got separated just a few months after they got married, that's one of the reasons why I (try to) keep my backlog limited to max 2 months. I always ask for a deposit in advance and they have to pay the rest in cash when I deliver. I know this is a risk but I expect (hope) nobody to get separated in the first 2 months. If I would get in the same situation as described above I would look, as Travis pointed out, who signed the contract and settle the delivery and payment with that person. If both signed I would just pick one person but would ask that person to sign a paper that they have received everything . If I would then get an angry phonecall from the other person I couldn't care less, I took my responsibility, now it's time they took theirs.