Hi Mark,
You seem to have reached your own conclusions on this one, but re-reading the original post, I suspect we may have ended up doing this photographer a disservice. As far as I can tell from your original post, you stated that, when you talked to the director, they told you that they possessed a DVD of all the relevant pictures (i.e. a digital copy of all the shots sent to them, presumably as part of the deal, by the photographer). The director then sent you back to the photographer for further copies. Now, all this seems to imply is that the director has generated whatever problems you're encountering: they have presumably been given a copy, free of charge or included in the charge of hiring the photographer, for their own promotional use. They have the pictures available to be made further available to you, and I would sincerely hope that *the director* is not thinking of charging you for a copy when they couldn't even find the wherewithal to cover your expenses. In a sense, *they* owe you the pictures as a part of payment in kind for your participation - and, in fact, most truly collaborative fringe projects offer actors photographs free of charge during/after a performance run, because of this tacit acknowledgment.
The situation seems to have little to do with the photographer - who has probably been brought in from outside, done their job as they see it, and is, entirely reasonably, asking that you pay further for the cost of covering further copies of your own if you're asking for them. Howvere, the real point is that a copy has *already* been made available - it's just that the director appears not to want to send you the relevant images. Have you made sure to get back to the director, tell them the photographer will charge you for further copies, you're not prepared to pay for the same images, and that you would, therefore, hope the director can make the relevant images accesible? You may be dealing with a really recalcitrant (or technophobic!) director who will do everything they can to avoid meeting you halfway, so have to write getting these images off, perhaps, but I can't find it in me to say that the photographer seems to be in the wrong here. And maybe the director sincerely thought it would be easier to get hold of your own copy of the shots, and it's up to you to set them straight.
As to whether or not the photographer has the right to use those self-same images on their website: technically, they don't. They own the copyright over the image, but not the usage rights if you've signed no release forms.
Finally, I found it interesting that you were using the terminology of 'amateur' performance for what sounds like a fringe showcase. Although there are a lot of (particularly old school) actors who like to make loud declarations that any performance is, literally, 'amateur' if you're not paid for it, I believe that a distinction can, and should, be drawn between true 'amateur' theatre and 'fringe' work. At root, the difference is basically this: true 'amateur' work is work in which the performance is taken on for the love of the production, a hobbyist activity, in which no-one performs for any reason other than the sake of performance and so is in no sense 'professional' (it is also generally performed by those to whom acting is not considered a career, but a sideline); 'fringe work' may rarely pay much, if anything, but is performed by career actors (the reason most do it is because they are hoping to use it to kick start their career as wage earning actors) and there is always (or should be) an expectation of making money from a show in some way. A one off showcase evening is a little different in form, but the distinction still applies. The reason this *is* important is because it conditions your awareness of how you deserve to be treated, what responsibilities you have for vetting all the ins and outs of a production set-up, and what you should be owed in your capacity as a working professional. In truth, if you think of the work you do as 'amateur', you get treated like an amateur, and that is no good for finding ways to make the fringe work for you.
