Upload & Sell: On
| p.4 #16 · p.4 #16 · LEGAL QUESTION (Yes, I know this is the internet, and that you're probably not a lawyer) |
You are probably right. I am in some ways letting my emotions get the best of me. It's always nice to have the legal upper hand though.
In this situation, the "legal upper hand" may belong to the parent most willing and able to pay a lawyer. Your copyright is separate from a parent's custodial right to protect a minor child's privacy. In other words, the mother won't sue you for copyright infringement; she'll sue you for violating the privacy rights of her minor children. You can try to complicate the process for the mother by demanding a notarized version of her prohibition, but that, in all likelihood, is simply a delay tactic. It seems that she has put you on notice.
It's quite astonishing. I posted this on another forum, and got nothing but a bunch of high and mighty BS. Here at FM, I get opinions and ideas that are presented in a respectful fashion, and responses that are thought out, logical, and based on personal experience. Most likely because there's a much larger concentration of working professional photographers with this type of knowledge here. I must really say thank you to everyone who has responded thus far. You guys are great.
The best advice you've gotten is to either (1) avoid doing the shoot, or (2) do the shoot, deliver the images, and never use them for yourself. Any effort you make to restrict the printing rights of the mother is likely to be ineffective, vindictive, and a poor use of your time.