How can I get pictures back from a photographer?

Question

I hired a free photographer for my son's birthday. A young guy who had an expensive camera and wanted experience in order to do weddings. I am a makeup artist so told him if things worked out well with my son's birthday, I would refer him to my bridal clients. I found him on craigslist where he was advertising FREE PHOTOGRAPHER FOR HIRE. My son's birthday was March. He uploaded the pictures to a website where people could buy prints ad told us he would amil us a CD with all the images. I never got the CD. June i emailed him asking him for the CD. He sent me an email saying his mother had just died from cancer and he was in chicago and my CD was the last thing on his mind. I sent him an email apologising, saying I didnt realise and my condolences. I sent him another email requesting the CD in Setpember. No response. I've called him - left voicemails. he won't return my calls. Is there anything I can do to get my pics back? He's taken them off the site too. Suggestions?

Update:

Well he told me he wud give me the CD and even said he had sent the cd. I just never received it. He agreed to give me the pictures, free, i have his emails stating so.

BeachBum · Accepted Answer

Don't let him bully you... threaten to take him to small claims court and he will probably give them to you.

ironjag · Answer

Not sure what you mean by getting the pics "back" as it appears you never had them.

You have no right to them as it was a service provided for free, so you have not lost anything (in contract terms, no consideration by you to receive the product).  It was not a contract, as you placed a "condition" on it as well by saying "if things worked out well."

He was in the wrong for publishing the pics to his website without your consent/permission and offering pics for sale, but he remedied it by pulling them off the internet.

As the photographer, he is most likely the rightful owner of the pics as they are his creation/production.  I don't think you can claim them to be yours.

Basically, you just have a broken promise and that's about it.

Trying ponying up some money...money always gets people moving in a positive direction.

How can I get pictures back from a photographer?

2 Answers