Complaint against Theodore Muran Photography
NAME: Theodore Muran Photography
CONTACT: Theodore Muran
WEBSITES: http://www.theodore-muran-photo.com
In January I paid $259 via PayPal to Theodore Muran for a photography shoot. According to his website and discussions that I had prior to the shoot, for $259 I was to receive several items:
(1) A CD containing low-resolution digital proofs of all images taken during the shoot.
(2) High resolution (printable) files of all processed images and high-resolution (printable) files of any unretouched proofs that I wanted
(3) A leather album filled with 10 prints of processed prints that I choose from the shoot
The shoot took place on January. Theodore Muran signed a waiver stating " Theodore Muran (the "Photographer"), agrees NOT to sell, loan, give, or otherwise use or display any of the photographs taken as a result of this agreement to any other party without the EXPRESSED WRITTEN PERMISSION of the client."
There were approximately 300 images taken, and they were posted on the web that evening for me to see. I chose 10 of my favorite images for processing. At this point, Mr. Muran asked if I would consider modeling in a second shoot for free (I could then choose 20 images instead of 10); in exchange I would sign a model release allowing him to use of any images that don't have my face in them.
I agreed that this second shoot would take place (and I have an email that confirms this). However, I showed up and he was not there. He apologized because he had the time mixed up and thought it was at noon instead. Regardless, this second shoot never happened. I never signed a model release, and Theodore Muran is using images on his website and on a business card that was sent to me much later.
During the time that the mixup with the second shoot was occurring, I was communicating with Mr. Muran about the processing of my photos. He would process the photos, place them on the web, and ask me if I approved or if there was something I'd like done differently. I specifically stated on several occasions that I didn't like certain shots because they were too "overprocessed" and I wanted them to be printed in their original form.
Eventually I approved a set of 10 "final" prints to be included in the album, and I made it clear at the original shoot that I was interested in having the promised high-resolution digital images to print in the future, and I was assured that would be no problem.
However, much time passed and when I asked that my photos/album/CD of images be sent to me. Theodore Muran responded the next day asking where he should send it, and I sent him my address. I didn't hear from him or receive anything for almost a month, so I began sending emails to ask what the problem was.
After about two weeks of sending emails with no response, Mr Muran finally responded simply saying he would send the album and CD. He offered no comment or explanation as to why he is using my images on his website without my signed consent.
I received the album/CD and was immediately disappointed for several reasons:
(1) The album did NOT contain the 10 images that I had approved.in fact, my favorite image was not included at all. Also, a second image was included twice in the album, and both were versions included airbrushing on my hair, which I clearly indicated that I didn't like and asked that the original image be included for printing rather than the processed one. There was also another image that was a version that I had rejected in favor of an earlier, less processed version.
(2) The CD contained NONE of the 300 digital proofs that I was promised. It also included NO high-resolution files. The only thing on the CD was 10 low-resolution images of the album pages—however, these images were of the album pages that I approved, NOT the ones that he printed for the album. If Theodore Muran had printed the versions that were on the CD and not the versions that I did not approve, at least I would have some satisfactory portion of this entire experience.
I emailed Theodore Muran immediately to ask for my high-resolution files and proofs and ask why the images I approved were not the images that appeared in the album. I have heard nothing from him up to this point.
I would like the images that I have been promised from Theodore Muran.
0 comments