You paid someone for photos of youf, but the photographer has the copyright and you didn't even get a license for the money you paid? What kind of deal is that? That makes no sense to me. Why would that be the arrangement? What did you pay for?
Absent that bizarre contract, you should have a claim against the photographer is she has not secured the appropriate permission from the hotel for you to use the pics you paid for. Given the description you gave, however, God only knows what the situation is. You definitely need to talk to a lawyer.
Originally Posted by TexTushHog
Unfortunately, there's a dark side even to "legitimate" professional photographers.
The tradition in the professional photography realm is that you may pay the photographer to do photography work, and you get a limited number of prints and you must pay the photographer for each and every reprint.
It's very common for a photographer these days to sell his services to someone and tell them he'll charge them $xxx for a photoshoot. He may give them a complicated legal form to sign, that, unfortunately, many people will NOT read. Or he may show up at their wedding and, just before the ceremony, give the couple a form to sign when they're too busy to read it, or too late to do anything about it if they don't like the terms of the contract. They may not have made any plans to have family or friends take pictures. "Oh, don't bother, we hired a professional photographer."
There may not be any signed contract at all. The belief in the professional photography industry is that the photographer owns everything and you have no rights at all, even though you paid him to take the photos.
The photographer takes the pictures, does his work, and THEN the client finds out they can't use the pictures on their web site. They can't e-mail the pictures to friends and family. They may find out that they now have to cough up additional cash if they want to get any copies at all of their wedding photos.
The prices charged are often "blackmail" prices. Lots of the photographers know that the clients don't understand what they're going to be charged, but he will have the client over a barrel at that point. He's got the only copies of the wedding photos.
Ladies, if you had sexy pictures taken, whether for escorting, or even just pictures for your boyfriend, you may find that the photographer legally owns the pictures. He can publish them later and embarrass you. He may sell them to a supermarket tabloid when you become rich and famous. He may even photoshop the photos before he sells them to the tabloid. You signed the release form that allows him to do this.
Ladies (and gentlemen), if you pay a photographer for a photoshoot, you are an IDIOT unless you get a contract beforehand that gives you complete ownership and copyright of any photos you buy from the photographer. You must be sure that the photographer agrees he has NO rights at all to the pictures other than to sell them to you. Agree on a price.
You may tend to believe that your photographer is an honest person and they won't try to take advantage of you. That's fine. If he's not trying to take advantage of you, he won't object to assigning you all rights to the photographs, will he? If he's not planning to put you over a barrel, why won't he agree to give you the rights to the photos you paid for?
If you want to use him to make nice, professional prints of the images you paid for, that's fine. There's no reason for him to force you to give him exclusive rights to the pictures.
Yes, there are honest photographers who do NOT try to deceive their clients. There are those who put "standard" restrictions on the rights of the photographs they take, and make sure the clients make a fully informed decision to work that way.
Unfortunately, a significant percentage of the photographers out there are financial predators who are trying to trick their clients into a blackmail situation.
I think you're an idiot if you pay a photographer for a photography session and don't get all the rights to the image yourself. Never sign a standard release.