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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47840
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter is a photographer and verbally agreed to take

Resolved Question:

My daughter is a photographer and verbally agreed to take photos of a wedding at short notice.
No contract was signed. But the verbal agreement was that they would pay £200 nine days after the event.
My daughter went and covered the event, and edited all the images. She then sent around 20 images to the couple, pending payment.
The clients did not pay, despite being asked repeatedly to do so.
Eventually, my daughter decided the end the deal and deleted all the images. They are irretrievable.
The couple are now demanding the images, and making legal threats if she doesn't produce them.
Where does she stand legally?
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

As the photographer and the person who took the images, she legally owns their copyright and has full right to decide how they are dealt with. She would have usually given licence to use the photos after payment. However, if they did not pay she would have had full right to retain the photos and not allow them any usage or access - as mentioned she has full legal copyright over them. If it eventually became apparent that they were not paying and in turn acted in breach of contract, they would have lost the right to get these photos and she would not be expected to retain them forever. So as long as she made reasonable attempts to get payment and gave them opportunities to pay what they were due to pay, their consistent failure would have eventually allowed her to delete them if necessary. So even if they make legal threats now, there is not much they can do.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 1 month ago.
Thanks Ben, really helpful. Just to check ... you refer to 'contract ' does this still apply as it was only done verbally?
Expert:  Ben Jones replied 1 month ago.

yes a contract would still exist even if done verbally

Customer: replied 1 month ago.
OK that's fine, many thanks - much appreciated. Very helpful.
Expert:  Ben Jones replied 1 month ago.

you are welcome, all the best

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