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Divorce and family photo's

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Hobokenmom

Junior Member
NJ.

Hi, I was recently divorced. During the marriage I took tons of pictures of our children
If I understand this copyright law, I hold copyright as I took the photo's.

Our property settlement clearly indicates that he and I were happy with the division of household property. He basically took just took his clothes, cds, and very little items.
He did not want anything else.

He did not ask to have any photo's as I often would send him copies via email (he traveled and away from home a lot).
He pretty much had a decent digital collection of my photos, which is why I assume he didn't bother to ask for any of the tons of pictures I took over the years.

I never registered pictures, but I want to use a few from years ago when they were very small as a logo on business I am attempting to start up.

Does the ex-husband have any legal claims to copyright? He did not take the pictures I took all of them.
 
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quincy

Senior Member
NJ.

Hi, I was recently divorced. During the marriage I took tons of pictures of our children
If I understand this copyright law, I hold copyright as I took the photo's.

Our property settlement clearly indicates that he and I were happy with the division of household property. He basically took just took his clothes, cds, and very little items.
He did not want anything else.

He did not ask to have any photo's as I often would send him copies via email (he traveled and away from home a lot).
He pretty much had a decent digital collection of my photos, which is why I assume he didn't bother to ask for any of the tons of pictures I took over the years.

I never registered pictures, but I want to use a few from years ago when they were very small as a logo on business I am attempting to start up.

Does the ex-husband have any legal claims to copyright? He did not take the pictures I took all of them.
If you took the photos, you as photographer would hold the copyrights in the photos. What you are describing for the use of the photo(s), however, would not fall under copyright laws but under publicity/privacy rights laws (misappropriation of a name or likeness).

Everyone has rights in their own image. This is why professional photographers have their models sign model release forms, so they can use the model images. Without the release forms, they can't (or can't without risk of a lawsuit, at any rate).

If your business logo is to include the image of an individual, you need permission from that individual to use the image in a commercial manner. This may include not only acquiring permission, but providing monetary compensation for the use.

So, I recommend you get permission from your ex-husband if you intend to use a photo with his image, and you would also need to get permission from your children, if their image is included in the logo. Because this is a divorce situation, you would be smart to get permission from your ex before using photos of the children, to eliminate any area of contention with your ex-spouse later. This would be more important if you and your ex have joint legal custody of the children.

The permission to use the image should be granted through a written and signed release agreement, with the release spelling out the specific use for which the image will be used (or it can be a "general" release to all rights, so you can make use of the image in ways other than the logo).



Edit to add: For an interesting (and protracted and costly) publicity rights case heard in California, there was one filed against the Nestle Company by Russell Christoff over Nestlé's use of his image, without Christoff's authorization and without compensation to Christoff. Christoff's image appeared on Nestle's Taster's Choice label. To read the California Supreme Court Opinion in Christoff v Nestle USA, 47 Cal 4th 468, 213 P.3d 132, here is a Stanford link: http://scocal.stanford.edu/opinion/christoff-v-nestle-usa-32977.
 
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Hobokenmom

Junior Member
Hi thanks for the response.

I think I will leave this to an attorney to handle it seems as though it will and can get complicated.

I took the picture (which he has no right to) but since our child in this photo is a minor he could object.

It's interesting I wonder if that applies to postings on social media without the other parents permission. Thanks I just think you gave me leverage for getting his permission. :)
 

justalayman

Senior Member
It's interesting I wonder if that applies to postings on social media without the other parents permission. Thanks I just think you gave me leverage for getting his permission. :)
blackmail????


care to expand what you are talking about that you think might give you leverage?

You might want to be really careful with this as well given it is a minor child. Signing for your child for your benefit is a tough position to defend from when child, eventually becoming an adult walks up to you and wants his cut of the business using his likeness that you gave his permission for. You really want a lawyer to bless this issue.
 

quincy

Senior Member
Hi thanks for the response.

I think I will leave this to an attorney to handle it seems as though it will and can get complicated.

I took the picture (which he has no right to) but since our child in this photo is a minor he could object.

It's interesting I wonder if that applies to postings on social media without the other parents permission. Thanks I just think you gave me leverage for getting his permission. :)
I had said in your other thread that family law plays no role in the legalities of use of the photo(s) and, normally, family law wouldn't. I do realize, however, that divorces can be difficult.

For divorced or divorcing couples with minor children, every issue involving the children can become a battle of rights and wills. I was hoping your children were older so you could avoid all problems by obtaining their consent directly. If your ex-husband is involved in the decision making, you are smart to consult with an attorney in your area prior to using your child's image for your logo - especially if you believe your ex-husband will object to the use.

Good luck.
 

Proserpina

Senior Member
If Dad makes a fuss about this , I can see a family law judge blow a gasket and crucify Mom. And Dad. But moreso Mom.

Mom needs to tread very, very carefully.
 

quincy

Senior Member
If Dad makes a fuss about this , I can see a family law judge blow a gasket and crucify Mom. And Dad. But moreso Mom.

Mom needs to tread very, very carefully.
It is possible a judge could be upset over the use of the minor child's image as part of Hobokenmom's business logo.

But it is not at all unusual for a business to use the image of a child or children in the promotion of a business. The parents can consent to the use of an image through a release of rights agreement, and they will generally be compensated for the use.

What makes it difficult here is the fact that the child's parents are divorced and may not agree that the use of the image is smart. If Hobokenmom has sole legal custody, it would not necessarily be a problem for her to go ahead and use the image without the dad's permission, and she can give consent for the child. It is not smart to go ahead without dad's permission, maybe, but it would not be illegal for her to do this.

Consulting with an attorney who can review the facts is certainly a wise move, if Hobokenmom cannot discuss the use of the photo with her ex directly and get his blessing on the use of the child's image for the logo (which would be the ideal way to resolve the matter).

As alternatives, Hobokenmom could acquire rights to an image of another unrelated child or come up with a different logo. :)
 
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