Pavlik Photo & Design

Hello ***,,,,,, per our conversation this morning, I am writing my response to you regarding the [redacted] Complaint.I will respond issues as they are stated in the letter.The "First look" was covered by us ---- photographers ---- Of the images taken spontaneously during that special moment ---- it is not our doing to "stage" or direct that moment It happens as it happens, and those images had the grooms eyes either closed or very slightly open and the one image that had his eyes open clearly ---he was looking above her head and beyond her The closed eyes images were not included in the final cut, and when asked about them,,, I sent them thumb nail images via facebook so they could see what I was speaking of The images also did not show a "big wow look" as he turned to see [redacted] for the first time.Her statement about [redacted] not looking very excited is subjective ---- not really sure what she had hoped to see.We cropped those images "in camera" not after words to zoom in and get as much expression as we could because taking a full length image would not show ANY detail It is a photographer's choice on posing and composition and cropping of an image to make it more interesting.Taxes are charged on any of our product and packages ----- can't see where they thought I wouldn't charge that Speaking of which,,,,, they booked my services on January 10, and at that time all packages and prices were discussed but they chose the option of making that decision at a later date and only paid a deposit to book and lock in the date They did not info me of their final decision until weeks before the wedding, stating that "Instead of getting a bigger package, and the wedding costing more than they planned, they were going to go with our basic package of $ Minus the deposit, they were to pay the balance on wedding day,,,, which they did not,,,, they paid the balance when they came in to pick up their images weeks later.I was also informed that because they spent $of their own money on Save the Date cards which was part of their package from me,,,,, they wanted to know if I would issue a discount ---which I did in the amount of $ The Save the Date cards and engagement session is part of all our wedding packages, but if a bride and groom choose to not use it,,,, there generally is no credit or discount offered [redacted] and [redacted] had wanted winter engagement photos which I agreed to depending upon weather Engagement sessions were schedule on Jan and Feb and due to the temperature and harsh winter conditions, we were not able to do engagement photos [redacted] and I discussed other possible days, but either they were not available, or I was not available due to prior commitments, or the weather was not conducive for outdoor winter photos.In conclusion, I provided a professional service I was hired for, gave a discount for items not produced by me, produced over images of their wedding, and charged a sales tax based upon New York State guide lines for the county I conduct business is.Thank You ***.Sincerely,James PavlikPavlik Photo and Design

Since *** and *** keep coming up with "new" issues it has become apparent that nothing is going to be settled with this dispute.I have explained and responded to each of their issues and have not "skirted" any of them as they stated.Still can't figure out where they keep coming up with a $figure The package they got was $1795, plus tax ---which goes to NYS Sales Tax ---- minus the $credit I gave them for the save the date cards comes to a total of $1738.60.Also they need to make themselves carefully aware of the US Photography Copyright laws and fines They paid a fee for me to photograph their wedding, and since they decided NOT to purchase the rights to their images,,,,, I legally OWN those rights, and it is illegal to copy, print, distribute said images if they do not own the rights.I have attached a file from the Professional Photographers Association to be forwarded onto them Please notice the Criminal Infringement Penalties section.At this point in time since, this can go on forever, I will no longer respond to their complaints, new issues ,and concerns.Jim PavlikPhotography Copyright Lawsby *** *** *** *** inShareEmailRSSProfessional photographers can develop a reputation through specialization.Related ArticlesCopyright Laws & GuidelinesConsequences for Violations of the Copyright LawsMovie Copyright Laws in CanadaComputer Copyright LawsPhotographs are among the range of creative works protected by copyright, whether taken by a professional or an amateurAs with other creative works, photos are legally copyrighted when committed to a "tangible form." This includes digital forms that require the use of a machine -- like a computer -- to view themWhile registration with the U.SCopyright Office, or USCO, is not required, it provides the only true protection against copyright infringement.Copyright ProtectionsPhotography copyrights provide photographers the exclusive right to make copies of their work, prepare other works based on a copyrighted photograph, sell or distribute copies of the work or display the work publiclyPhotographers with copyright protection can safely display their work in art galleries, for example, without the threat of someone copying the photographPhotographers with copyrights can sell their copyrights along with their works to publications, other photographers or virtually any legal entity, transferring these rights to the buyer.Civil Infringement RemediesPhotographers whose copyrighted works have been used in violation of the law can sue copyright violators in federal court for an injunction and financial restitutionIn this context, an injunction is a legal order to desist from a using a copyrighted photograph or collection of copyrighted photographsFailure to comply with a legal injunction can result in criminal charges for contempt of courtFinancial restitution can include repayment for all income earned using copyrighted material, payments for lost revenue to the copyright holder and payment of the plaintiff's legal fees.Criminal Infringement PenaltiesPhotographers can file criminal charges against copyright violators for illegally using their copyrighted worksAlthough criminal proceedings for copyright infringement do not result in restitution for the victim, aside from reimbursing legal fees, copyright violators can be required to pay up to $250,in fines to the courtIn addition, violators of photo copyrights can face up to five years in prison, or up to ten years for each repeat offense.Photo Copyright RegistrationThe U.SCopyright Office provides an online copyright registration tool for photos, allowing you to quickly register your work and submit the application fee onlineLog on to copyright.gov/eco to access the Electronic Copyright OfficeCreate an account online and use the step-by-step online filing process to submit your applicationThe end of the application will require you to upload a copy of your work in PDF format.Poor Man's CopyrightsAll photographic works must be registered to enjoy true legal protectionAccording to the U.SCopyright Office, a "poor man's copyright" -- the act of mailing a printed photo to yourself and using the post office date stamp as evidence of original authorship -- does not provide legal copyright protectionsConsequently, photos taken and posted online by someone other than the photographer, for example, on social media sites, are technically copyrighted, but without officially having registered the photos with the USCO, it would be impossible to sue for copyright infringementHired ProfessionalsThere is often confusion about who owns the photographs of a professional hired to photograph an event, such as a weddingPrior to many courts ruled that a hired "author" of a photograph was an employee and thus the person who hired the photographer and paid for her services owned the imagesIn the U.SSupreme Court ruled that individuals hired under those circumstances did not meet the requirements to qualify as an employeeConsequently, the photographer owns the copyright to the images and can set restrictions on how they are used

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
First off Mr Palvic best be careful who he threatens with a 250,000 fine because we printed out two photo's to see what size to put in our album and trying to save some pictures and there the photo's we paid for.. He is a disgrace to the photography profession and as man for that matter. He is so misinformed and all he can is trying to skirt the issues. Bottom line we have a $2,000 computer stick with no photo's to show for our wedding. I hope he is satisfied he stole a moment we can never get back . I appreciate the Revdex.com's help with this matter and applaud there diligence to resolve this for us. We as a couple are devastated Mr. Palvic has chosen not to afford us the opportunity to talk to him face to face and resolve this matter like adults.We will not recommend him to anyone .   
Regards,
[redacted] & [redacted]

Hello [redacted],,,,,, per our conversation this morning, I am writing my response to you regarding the [redacted] Complaint.I will respond issues as they are stated in the letter.The "First look"  was covered by us ---- 2 photographers ----  Of the images taken spontaneously during...

that special moment ---- it is not our doing to "stage" or direct that moment.  It happens as it happens, and those images had the grooms eyes either closed or very slightly open and the one image that had his eyes open clearly ---he was looking above her head and beyond her.    The closed eyes images were not included in the final cut, and when asked about them,,, I sent them thumb nail images via facebook so they could see what I was speaking of.  The images also did not show a "big wow look" as he turned to see [redacted] for the first time.Her statement about [redacted] not looking very excited is subjective ---- not really sure what she had hoped to see.We cropped those images "in camera" not after words to zoom in and get as much expression as we could because taking a full length image would not show ANY detail.   It is a photographer's choice on posing and composition and cropping of an image to make it more interesting.Taxes are charged on any of our product and packages ----- can't see where they thought I wouldn't charge that.   Speaking of which,,,,, they booked my services on January 10, 2015 and at that time all packages and prices were discussed but they chose the option of making that decision at a later date and only paid a deposit to book and lock in the date.  They did not info me of their final decision until 2 weeks before the wedding, stating that "Instead of getting a bigger package, and the wedding costing more than they planned, they were going to go with our basic package of $1795.00.   Minus the deposit, they were to pay the balance on wedding day,,,, which they did not,,,, they paid the balance when they came in to pick up their images 3 weeks later.I was also informed that because they spent $300 of their own money on Save the Date cards which was part of their package from me,,,,, they wanted to know if I would issue a discount ---which I did in the amount of $200.    The Save the Date cards and engagement session is part of all our wedding packages, but if a bride and groom choose to not use it,,,, there generally is no credit or discount offered.    [redacted] and [redacted] had wanted winter engagement photos which I agreed to depending upon weather.   Engagement sessions were schedule on Jan 31 and Feb 7 and due to the temperature and harsh winter conditions, we were not able to do engagement photos.  [redacted] and I discussed other possible days,  but either they were not available, or I was not available due to prior commitments, or the weather was not conducive for outdoor winter photos.In conclusion, I provided a professional service I was hired for, gave a discount for items not produced by me, produced over 700 images of their wedding, and charged a sales tax based upon New York State guide lines for the county I conduct business is.Thank You [redacted].Sincerely,James PavlikPavlik Photo and Design.