484
And I do not like! Return the money...
An unusual trial began in Tver. As stated by counsel, it has no precedent. Sued for the artistic value of wedding photography. With that claim is not for some formal reasons - tardiness, poor performance, drunkenness on the job - no. That's right: as I do not like!
The point really interesting for many reasons. He does not have precedents. If nothing in the journalistic sense, when the term "unprecedented" is a beautiful word. Indeed, in the practice of Russian courts this has not happened. And the judge will have to decide without prompting.
The second reason than interesting thing - the court will have to appoint an expert evaluation. Who we can give an expert assessment of the quality of photography? The answer is not so simple. There is virtually no university that would teach the photography. There is no organization uniting wedding photographers. In general, it's pretty difficult. But first things first.
letters + 4 photos for presentation via pif
The essence of the wedding photography
The defendants themselves, who have extensive experience in wedding photography, are convinced that they are dealing with so-called consumer terrorism. This is when the customer, using the rigor of the Law "On Protection of Consumers' Rights regains a court or part of the cost or even the full price for the service. Plus any interest on the damages. Well, the defendant may have their own views on this matter, but the court has to decide impartially.
So, under the agreement done in time and correctly. There is no complaints. But customers say:
- I do not like. Do not like it, that's all.
The case could easily end up on formal grounds done well. But wedding photography - a special case. There really is important to convey the mood. The customer does not buy discs or files, and fond memories of the wedding.
How to assess the artistic value of the wedding shoot?
Defendants studio "Image Factory", the following analogy:
Customer orders in the cafe with Mexican food dish. It is well cooked strictly on the menu. But the customer says: I expected it to be serious. And I was not serious. I ate everything, but I did not get the desired effect. Return the money.
Yes, he did not get the desired effect, but he was given what he ordered. He was not deceived. Cafe does not guarantee that everyone will be acute. It ensures that the dish will be served efficiently and with a prescription.
Or another option. It goes to the cinema citizen, and on the poster reads: "Comedy". Buy a ticket, looks, and finally returned to the cashier with the claim:
- You have written "Comedy." I never laughed. You have deceived me. Return the money. I do not buy the view and a good mood.
Here's how to be here? Very simple. He buys it is watching a movie. He buys viewing comedy. A laugh or not - no one can guarantee.
Examination photography
The Court has decided to appoint an expert evaluation. The plaintiff and the defendant were to propose options for who will be able to assess the artistic value. And then come up various discrepancies. The fact that in Russia there is no assessment of the artistic value of the Institute fotomasterstva. Painting is. The property is. But photography is not.
It may seem like a good solution to apply to the Union of Photographers, to Chairman. There is only one "but." The charter of the Union of Photographers have a reservation - in terms of artistic value are all members of the alliance. Chairman or slightly better than any other member of the union.
Most likely, the court will appoint an expert assessment from the masters of painting: it is a matter studied. Here are just a classical painting and contemporary wedding photography is very different in content and technique of execution.
It would be easier if there was some organization "wedding photographer". But it is not.
Formal assessment of the artistic value
Here begins a complete failure. How to assess the artistic value? For example, the lawsuit stated that many of the photos taken at an angle. And I will add that this is unacceptable. But who said that this is unacceptable? Yes, weighted composition suggests that "the horizon should not be swamped." But if we have to show excitement, dizziness, feeling fabulous - horizon can then be swamped.
The artistic value is very difficult to give in formal rules. Breaks all the rules can be in any subject of art. There is no rule which would have acted as a law. It acts as a recommendation to achieve those or other purposes.
I wonder what the outcome of this lawsuit.
Source:
The point really interesting for many reasons. He does not have precedents. If nothing in the journalistic sense, when the term "unprecedented" is a beautiful word. Indeed, in the practice of Russian courts this has not happened. And the judge will have to decide without prompting.
The second reason than interesting thing - the court will have to appoint an expert evaluation. Who we can give an expert assessment of the quality of photography? The answer is not so simple. There is virtually no university that would teach the photography. There is no organization uniting wedding photographers. In general, it's pretty difficult. But first things first.
letters + 4 photos for presentation via pif
The essence of the wedding photography
The defendants themselves, who have extensive experience in wedding photography, are convinced that they are dealing with so-called consumer terrorism. This is when the customer, using the rigor of the Law "On Protection of Consumers' Rights regains a court or part of the cost or even the full price for the service. Plus any interest on the damages. Well, the defendant may have their own views on this matter, but the court has to decide impartially.
So, under the agreement done in time and correctly. There is no complaints. But customers say:
- I do not like. Do not like it, that's all.
The case could easily end up on formal grounds done well. But wedding photography - a special case. There really is important to convey the mood. The customer does not buy discs or files, and fond memories of the wedding.
How to assess the artistic value of the wedding shoot?
Defendants studio "Image Factory", the following analogy:
Customer orders in the cafe with Mexican food dish. It is well cooked strictly on the menu. But the customer says: I expected it to be serious. And I was not serious. I ate everything, but I did not get the desired effect. Return the money.
Yes, he did not get the desired effect, but he was given what he ordered. He was not deceived. Cafe does not guarantee that everyone will be acute. It ensures that the dish will be served efficiently and with a prescription.
Or another option. It goes to the cinema citizen, and on the poster reads: "Comedy". Buy a ticket, looks, and finally returned to the cashier with the claim:
- You have written "Comedy." I never laughed. You have deceived me. Return the money. I do not buy the view and a good mood.
Here's how to be here? Very simple. He buys it is watching a movie. He buys viewing comedy. A laugh or not - no one can guarantee.
Examination photography
The Court has decided to appoint an expert evaluation. The plaintiff and the defendant were to propose options for who will be able to assess the artistic value. And then come up various discrepancies. The fact that in Russia there is no assessment of the artistic value of the Institute fotomasterstva. Painting is. The property is. But photography is not.
It may seem like a good solution to apply to the Union of Photographers, to Chairman. There is only one "but." The charter of the Union of Photographers have a reservation - in terms of artistic value are all members of the alliance. Chairman or slightly better than any other member of the union.
Most likely, the court will appoint an expert assessment from the masters of painting: it is a matter studied. Here are just a classical painting and contemporary wedding photography is very different in content and technique of execution.
It would be easier if there was some organization "wedding photographer". But it is not.
Formal assessment of the artistic value
Here begins a complete failure. How to assess the artistic value? For example, the lawsuit stated that many of the photos taken at an angle. And I will add that this is unacceptable. But who said that this is unacceptable? Yes, weighted composition suggests that "the horizon should not be swamped." But if we have to show excitement, dizziness, feeling fabulous - horizon can then be swamped.
The artistic value is very difficult to give in formal rules. Breaks all the rules can be in any subject of art. There is no rule which would have acted as a law. It acts as a recommendation to achieve those or other purposes.
I wonder what the outcome of this lawsuit.
Source: