My ex is threatening to sue me for using her photos

[kurt2017]

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

Hi,

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 down because they are my best wedding photos to date.

Part of me wants to stand and fight for my artistic rights to my work.

Please give any advice, thanks

 

[Zigner]

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

Hi,

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 down because they are my best wedding photos to date. Please give any advice, thanks

Did your contract transfer rights for the photos?

 

[kurt2017]

We didn't have any contract... it was her sister's wedding

 

[Zigner]

We didn't have any contract... it was her sister's wedding

While it would be wise to spend a little bit of time having a local IP attorney review this, it seems that the photos are yours and that you have every right to use them as part of your online portfolio. Furthermore, from what you've posted, it seems that your ex-wife has no claim at all to them and no standing (outside of our rights of free speech) to "demand" that you take them down.

 

[quincy]

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

Hi,

I'm a photographer ... 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 down because they are my best wedding photos to date.

Part of me wants to stand and fight for my artistic rights to my work ...

With a few exceptions, the creator of a work holds all copyrights in the work. These rights can be licensed or transferred to another. Unless you licensed your rights or transferred your exclusive rights to the copyrights in your photos through a license or a written and signed transfer agreement, you would still own the copyrights in the photos and the sister would only own the prints of the photos.

The exclusive rights held by a copyright holder include the right to reproduce (or copy) the work, distribute the work, display (or perform) the work, and prepare derivatives (adaptations) of the work.

That said, although you would continue to hold all rights to the photographic images you created absent an agreement to the contrary, the sister has the right to control how her image is used. This is called the "right of publicity/privacy."

Without a written license/agreement from the sister that grants you the right to use her image, you are infringing on her rights. By using her image to promote your photographic business on your website, the sister could seek an injunction and potentially sue you for using her image in a commercial fashion.

Because the sister has already sent you a cease and desist letter, I strongly suggest you find other images to use on your website to prevent the possibility of a lawsuit being filed against you. And, if you intend to use the images of other people on your website, you should have them sign releases allowing for you to use their image.

Good luck.

 

[Zigner]

With a few exceptions, the creator of a work holds all copyrights in the work. These rights can be licensed or transferred to another. Unless you licensed your rights or transferred your exclusive rights to the copyrights in your photos through a license or a written and signed transfer agreement, you would still own the copyrights in the photos and the sister would only own the prints of the photos.

The exclusive rights held by a copyright holder include the right to reproduce (or copy) the work, distribute the work, display (or perform) the work, and prepare derivatives (adaptations) of the work.

That said, although you would continue to hold all rights to the photographic images you created absent an agreement to the contrary, the sister has the right to control how her image is used. This is called the "right of publicity/privacy."

Without a written license/agreement from the sister that grants you the right to use her image, you are infringing on her rights. By using her image to promote your photographic business on your website, the sister could seek an injunction and potentially sue you for using her image in a commercial fashion.

Because the sister has already sent you a cease and desist letter, I strongly suggest you find other images to use on your website to prevent the possibility of a lawsuit being filed against you. And, if you intend to use the images of other people on your website, you should have them sign releases allowing for you to use their image.

Good luck.

For some reason, I read this thread as having to do with the ex-wife asking the OP to take the photos down.

 

[quincy]

For some reason, I read this thread as having to do with the ex-wife asking the OP to take the photos down.

It isn't made very clear, is it? I read it as the sister who wanted the photos removed from the website.

If it is the ex-wife making the demands, unless she is pictured in one of the photos on display, she cannot legally force the removal. The sister can demand removal and she has laws that can back up her demand.

 

[Zigner]

It isn't made very clear, is it? I read it as the sister who wanted the photos removed from the website.

If it is the ex-wife making the demands, unless she is pictured in one of the photos on display, she cannot legally force the removal. The sister can demand removal and she has laws that can back up her demand.

I think it's clear to me (now) that the OP means his ex SIL is the one complaining. The title of the thread says, simply "My ex..." but I think the OP probably just forgot to include "SIL"

 

[quincy]

I think it's clear to me (now) that the OP means his ex SIL is the one complaining. The title of the thread says, simply "My ex..." but I think the OP probably just forgot to include "SIL"

Well, now I just don't know. Since you pointed it out, it has become LESS clear to me to whom kurt2017 was referring, ex-wife or ex-sister-in-law.

Perhaps kurt2017 will return to clarify.

 

[kurt2017]

Hi, my ex is asking me to take them down. The photos are of her sister's wedding. The wedding was in Massechusetts, I live in TeXas. Ex lives in TeXas

 

[quincy]

Hi, my ex is asking me to take them down. The photos are of her sister's wedding. The wedding was in Massechusetts, I live in TeXas. Ex lives in TeXas

Thanks for the clarification, kurt2017. Zigner read your post correctly.

If this is the case, and your ex appears prominently in any of the photos, those photos are best removed. If the sister complains about the photos, all of those photos should be removed. Others attending the wedding may object to being pictured on your website, too.

Although it is a bit late to request a release at this point in time, you might want to try to get a release signed by the sister and her husband permitting you to use some of their wedding photos on your photography website. Without this permission, you could find the photos create some legal difficulties for you in the future. Many wedding photographers will include a release of publicity rights as conditions in their photography contracts.

Following are a couple of links to the Right of Publicity laws in Texas, for your future reference, the first from the Digital Media Law Project and, from Loyola Law School, Los Angeles, "Rothman's Roadmap to The Right of Publicity."

http://www.dmlp.org/legal-guide/texas-right-publicity-law

http://www.rightofpublicityroadmap.com/law/texas

And, just in case, here are the laws in Massachusetts, from the Digital Media Law Project and Rothman's (and the laws of other states can be accessed through these links, as well):

http://www.dmlp.org/legal-guide/massachusetts-right-publicity-law

http://www.rightofpublicityroadmap.com/law/massachusetts

All it takes is one lawsuit for a photographer to learn the importance of a release. Most professional photographers will carry releases around with them, to be signed any time their photos are to focus (or have focused) on identifiable individuals. If a person is just incidental to a shot (for example, in a crowd scene in public), a release (while still smart) would not be necessary.

Good luck.