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My ex is threatening to sue me for using her photos
  
 
imagesbyt
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p.1 #1 · p.1 #1 · My ex is threatening to sue me for using her photos


What is the name of your state (only U.S. law)? TX

Hi,

First, I'm in TeXas.

I'm a photographer on the side and I did my ex wife's sisters wedding when we were married. I was the official photographer. We have divorced, and I am getting back into photography on the side. I've created a web site and used several of the images from that wedding in my portfolio. She asked me to take them down, I informed her they were my property as the artist. I wanted to ask for advice, she's sent me a cease and desist letter asking me to remove them. i wanted to ask people's advice on this. I don't want to take them, and part of me wants to stand and fight for my artistic rights to my work.

Please give any advice, thanks



Jan 30, 2017 at 03:28 PM
Dan Grisez
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p.1 #2 · p.1 #2 · My ex is threatening to sue me for using her photos


Yes, you own the photos. However, be civil and keep the peace...take down the photos.


Jan 30, 2017 at 03:36 PM
kdphotography
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p.1 #3 · p.1 #3 · My ex is threatening to sue me for using her photos


There is a difference between "ownership" and the "right to use" images. Often a wedding contract will contain verbage on the "right to use" images for studio promotion only.

Check in with a TX attorney.

Often the anger of an ex-wife trumps the law.



Jan 30, 2017 at 04:23 PM
CMYK Designs
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p.1 #4 · p.1 #4 · My ex is threatening to sue me for using her photos


My opinion would be to take down the images and purchase some stock images until you can replace them with your own work. Of course, just don't represent the stock images as "your work".


Jan 30, 2017 at 04:53 PM
ab7638
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p.1 #5 · p.1 #5 · My ex is threatening to sue me for using her photos


Hell hath no fury like a photographed woman scorned!!

Seriously good luck with your dilemma. Sometimes being in the right doesn't always help. If you do leave them up think about what she may do to you in retribution. I'd take them down not because I'm right but because I'd want to be the bigger better person



Jan 30, 2017 at 05:42 PM
Fred Amico
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p.1 #6 · p.1 #6 · My ex is threatening to sue me for using her photos


You can't win this one as there is too much emotion involved. Like others have said, take them down, as I'm pretty sure leaving them on your site will come back to bite you at some point.


Jan 30, 2017 at 06:14 PM
Oscarsmadness
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p.1 #7 · p.1 #7 · My ex is threatening to sue me for using her photos


You probably have the law on your side, but if she could make life difficult for you later if you stand up for yourself, it might be easier to take them down.

Best advice on here so far is get a lawyer, and I completely agree with that advice



Jan 30, 2017 at 06:50 PM
tntcorp
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p.1 #8 · p.1 #8 · My ex is threatening to sue me for using her photos


you took the photos, but the model(s) didn't sign consent-release form. are you permitted to use the image for marketing? i'm inclined to believe you don't have the legal right to post.

on the other hand, if your sister-in-laws had signed a consent release for marketing intents, then the cease-and-desist from your ex may not have a legal ground.

your argument of fighting for your artistic rights is pretty weak as well. you must have other images (w/out your ex) which could showcase your artistic talents. legally, you may have to demonstrate why you need to use this specific image(s) and not any others.

given the argument may center on consent, you should consult with an attorney familiar with copyright laws.

btw, who ended up with the wedding photos and videos in the divorce settlement; you or your ex? to really pour oil into the fire, use her wedding images on your site if you are the owner after the settlement (of course if there aren't any restrictions on how the images can be used).


gd luck!





Jan 30, 2017 at 06:51 PM
imagesbyt
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p.1 #9 · p.1 #9 · My ex is threatening to sue me for using her photos


But I thought using them in your portfolio, you didn't have to have someone sign a form...? only if you tried to sell them


Jan 30, 2017 at 08:15 PM
CMYK Designs
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p.1 #10 · p.1 #10 · My ex is threatening to sue me for using her photos


What is a Model Release Form?

A model release form is a legal document between you, the photographer and the person or the person who owns the property you’re photographing). It is the written form of their permission allowing you to publish their image on your website, blog, and marketing materials. Model releases sometimes spell out the compensation for the model or photographer (given the situation).



Jan 30, 2017 at 08:21 PM
 

Search in Used Dept. 



martines34
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p.1 #11 · p.1 #11 · My ex is threatening to sue me for using her photos


It isn't worth the fight even though you are right.

American Society of Media Photographers
www.asmp.org

About ASMP:

The American Society of Media Photographers is the premier trade association for the world’s most respected photographers. ASMP is the leader in promoting photographs’ rights, providing education in better business practices, producing business publications for photographers and helping to connect purchases with professional photographers. For more information, visit www.asmp.org

About CCC:

Representing copyright holders from nearly every country in the world, CCC is a global rights broker for millions of the world’s most sought after materials, including in- and out-of-print books, journals, newspapers, magazines, images, blogs and ebooks. For more information, visit www.copyright.com.

Also:

Copyright at the Digital Media Licensing Association (DMLA)

Here is an excerpt from one of their documents on registration, also linked underneath:

"Registration is not required for copyright protection, but is a prerequisite before United States authors can bring an action for infringement in federal court. While foreign authors may bring an action in federal court without securing a registration certificate, registration of the work before an infringement occurs will affect the type of damages available to the author.



Jan 30, 2017 at 09:21 PM
Peter Figen
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p.1 #12 · p.1 #12 · My ex is threatening to sue me for using her photos



"Often the anger of an ex-wife trumps the law."

Especially in Texas. Who here remembers this great Ry Cooder/Flaco Jimenez cut singing about just that...






Jan 30, 2017 at 11:58 PM
dmcphoto
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p.1 #13 · p.1 #13 · My ex is threatening to sue me for using her photos


You own the photos, but you cannot use recognizable images of people for any commercial purpose without their permission. Period. By "recognizable" I mean that it is possible to identify the person in the photograph. If you photographed a bride walking down the aisle from behind this would not apply because you can't identify who it is from the photo.

There are exceptions for editorial work like a news story.



Feb 01, 2017 at 09:20 PM
JohnBrose
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p.1 #14 · p.1 #14 · My ex is threatening to sue me for using her photos


Take them down, it's good business practice to comply with a customer past or present when they make a request. Rise above your emotions.


Feb 01, 2017 at 09:58 PM
rebelshooter
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p.1 #15 · p.1 #15 · My ex is threatening to sue me for using her photos


Could she try to claim any money you earn from jobs that your site generates? The possibility of having to share income with my ex because of her picture being on my site would be enough for me to take them down.


Feb 01, 2017 at 10:50 PM
friscoron
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p.1 #16 · p.1 #16 · My ex is threatening to sue me for using her photos



You do need to have a subject's permission at a private event to promote your work on your website. That doesn't mean you have to have a signed release from them. But it does mean if they ask you to take them down, then you take them down.

The law is not on your side.

Disclaimer: I'm just a pro photographer, not a lawyer.



Feb 02, 2017 at 01:33 AM
glort
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p.1 #17 · p.1 #17 · My ex is threatening to sue me for using her photos



Tell her You'll comply with her wishes and take them down because it's only fair after all the money you are making on the Voyuer web sites from those hidden camera vids you did of her in the shower all those years you were married !


Seriously, I you want to keep them up, you need to ask a real lawyer if you can.



Feb 02, 2017 at 04:46 AM
Hammy
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p.1 #18 · p.1 #18 · My ex is threatening to sue me for using her photos


Forums are for opinions...

Lawyers are for the law.



Feb 02, 2017 at 05:10 AM
phaedon
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p.1 #19 · p.1 #19 · My ex is threatening to sue me for using her photos


I'm a professional photographer. At one point, I was semi-professional. As I transitioned from one level to the next, it was difficult getting my sh*t together. I had to let go of some people, I had to let go of some painfully good work, and I had to admit I made some mistakes that were irreversible and I had to pay for them. When I was semi-pro, I was not challenged or forced to be clear about things upfront to the extent that I am now.

1. Don't work with anybody without a contract. This is not just a photography thing; it's a professional thing. I have horror stories.
2. Stop being married to a job you did. Shoot your way out of this.
3. Put the photos in a metaphorical drawer, and forget about them. Do what's asked of you right now and maybe something will work out in the future. Move. On.



Feb 02, 2017 at 05:45 AM
dmcphoto
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p.1 #20 · p.1 #20 · My ex is threatening to sue me for using her photos


This is really simple. People have a Constitutional right to privacy. You violate it when you display their likeness in a way they do not approve of. The exception is an editorial use like a news story.

You do own the photographs, but how they can be used is limited by the person's right to privacy.



Feb 02, 2017 at 05:41 PM
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