Ex-girlfriend suddenly wants photo credit...

<p>After a terrible breakup, my ex-girlfriend has been doing as much as she can to make life difficult. She is making legal threats if I do not give her photo credit for every photo she has taken of me and my events. I have photos of myself and of my events which she took on my personal facebook profile, my facebook and myspace fan pages for my music band. Do I suddenly have to introduce credits to my websites because of this. Much of the photos are simply private and personal, some are used to depict my band to fans. At my events, I did not pay her to take the photos but I did ask that she be the photographer for the event. She is not a professional photographer. She snapped the photos, I did the photoshop editing. Thanks in advance...</p>

<p>Hang in there, if she's not a pro, didn't work for you or get paid I can't see any merit to this.<br>

What legal basis does she have, you aren't selling the photos are you? Don't sweat it try and ignore it until things die down. Keep copies of any "threatening" emails etc just in case, but I think the legal experts here would agree there is no basis for any legal action.</p>

<p>Would it kill you to comply? It's not like it would take you hours to put on a general statement on each site? Don't get into a situation where you don't want to do it because she wants you to do it. A more interesting question might be whether she has the right to ask you to take the photographs down , on the basis that you don't have a licence to use them. <br>

Do you think she has a record of the photographs- can she prove she took them? Any possibility in your mind that if you affirm her right to be considered the author, then her next act might be to insist that you take them down or buy a licence to use from her? In short the act of giving credit in itself is trivial- its wher it might lead that you have to assess. </p>

<p>If she took the photographs, what reason do you have for not giving her credit? How does it hurt you to acknowledge what she produced?</p>

<p>If she took the photos, barring the existence of any legal agreement to the contrary, she owns the copyright to them. As such, she has the right to determine where and how the images can, and cannot, be used. Conversely, the subjects of the images own the rights to how and where their likeness can, and cannot, be used. As there would probably be little or no money to be made in a legal action, it's unlikely she could find a lawyer to take the case, but you never know. She could, however, take steps to negatively impact your relationships with Facebook, Myspace and other webhosts where you have the images displayed. It seems to me that your best option would be to ask her for a signed, specific license granting you the right, with attribution, to display the images as you are now with credit to the photographer. In return, if she wishes, you should grant her a release to display your image in a like manner. This isn't a competition, this is life. Do the right thing and get on with it.</p>

<p>If the pictures show her nude body, then she deserves some credit. Otherwise just ignore her.<br>

Consider how lucky you are that you did not marry that woman!</p>

You'd probably be saving yourself a whole heap of pain if you just removed anything and everything

associated with her from everywhere you can. If she's acting out of spite then there's no guarantee or

reasonable expectation that things will end with your fulfilling these demands.

 

Why not have a photo competition for your fans? Winning photos replace the ones taken by your ex; winners get free gig tickets, merchandise, and/or signed recordings in return for granting you the right to use their photos on your websites.

<p>She has the right to a picture credit.</p>

<p>You don't say where you live but -</p>

<p>1) if it's in the USA and<br>

2) she took the pictures and<br>

3) you don't have an agreement otherwise</p>

<p>...then she owns the copyright to the images and can dictate when, where, how and under what conditions they can be used.</p>

 

<blockquote>

<p>if she's not a pro, didn't work for you or get paid I can't see any merit to this.<br /> What legal basis does she have, you aren't selling the photos are you?</p>

</blockquote>

<p>The legal basis is the Copyright Act http://www.copyright.gov/ and none of the factors mentioned in the quote above make any difference whatsoever (except that not working for you makes her claim even stronger than if she did). Absent special criteria, the photographer owns the pictures. Unless that criteria was met, the use of photos requires permission of the photographer which is known as a license. The terms of the license here (probably conversational and implied) is likely to be vague and difficult to prove. Proving her ownership rights is probably very easy however.</p>

<p>As Phil suggests, it may be very impractical for the photographer to bring a formal legal action but there are other remedies she can seek under the DMCA that can cause problems with one's internet presence.</p>

<p>The fact that mere credit is being sought here in the context of a break up, rather than cessation of the use of the images, suggests that the motive is compel public acknowledgment of the ex. A sensible course of action is to remove the images, thus, depriving the ex of these latest maneuverings.</p>

<p>In any event, after reviewing the government website copyright.gov and contrasting it with the quote above, it should be obvious not to rely on our advice here as legal advice. A review of DMCA notices to website operators may be of interest to you. In any event, taking down the images will help solve a multitude of problems, hassles and expenditure of time.</p>

<p>Does she have other unpublished pictures taken during these events? If yes, she could use these to prove that she was the photographer. The burden of proof is then on you to show that you can use the images. In the US, she could simply contact the ISP and ask them to remove the webpages because of copyright violation. It would make it even easier for her if you gave her photo credit thus acknowledging that she took the pictures. Only give her credit if she gives you permission to use these images in writing. Tell her over the phone that you would consider signing such a contract if she sends you one. The contract should include a copy of the images that are used. Offer her a small fee. A payment that can be verified (keep the canceled check) would strengthen your case later that this was a legitimate contract. On the other hand, if she took the images with your camera and handed the camera back to you after taking the pictures, I would not worry about it. It does not matter if she was paid or not. Copyright is not restricted to work for hire.</p>

<p>Annoying? Yes. Wrong? No. If the photographer wants credit given and there's no agreement to the contrary, you must give the credit.</p>

<blockquote>

<p>give her... ...Tell her over the phone... ...you would consider... ...signing such a contract if she sends you one... ...Offer her... ...that can be verified... ...strengthen your case later...</p>

</blockquote>

<p>Let's get Dear Abby for a moment. Why would anyone want to get in to all these different interactions with someone whose mission is "doing as much as she can to make life difficult"? Are the images really worth it to get in to all this discussion, contracts, understandings, letters, phone calls, negotiations ect. Ugh!</p>

<blockquote>

<p>if she took the images with your camera and handed the camera back to you after taking the pictures, I would not worry about it</p>

</blockquote>

<p>Where did you get this information?</p>

<p>Copyright creation is created by the photographer. The fact that someone else's equipment is used is irrelevant except that it is one of many factors considered to determine whether one was under so much control that their activity was a work for hire. The story here doesn't suggest any other activity that would support a work for hire unless you know facts that we weren't given.</p>

<p>Here is the best solution for this situation - Delete everything that she shot from the web. Replace them with new. It may not be easy, but it will be easier then dealing with her ever again.</p>

<p>If you comply with this demand, there will be more demands.</p>

<p>And, if she is using images of you to promote her work send her a letter, threatening legal action, if she does not remove images of you since she does not have a signed release.</p>

<blockquote>

<p>If the pictures show her nude body, then she deserves some credit.</p>

</blockquote>

<p>Frank, she was the <strong>photographer</strong>, not the subject being photographed. At least in the U.S. she owns the copyright by virtue of having made the photograph. What we wear when we are behind the camera doesn't show, or make any difference:)</p>

<blockquote>

<p>if she is using images of you to promote her work send her a letter, threatening legal action, if she does not remove images of you since she does not have a signed release.</p>

</blockquote>

<p>She may be in a jurisdiction with a work sample exceptions and, even if not the case, the effort will only lead to new unnecessary and unpleasant interactions as your initial sentence suggests avoiding. Your second sentence is is right on as well.</p>

<p>You may later regret posting publicly on pnet (and thus archiving) the comment (which can be easily found by 'interested' parties):</p>

<blockquote>

<p>"At my events, I did not pay her to take the photos but I did <strong>ask that she be the photographer</strong> for the event."</p>

</blockquote>

<p>what´s the big deal? Write "photo by Brenda Itch" (that´s the way it was, right?) or delete the stuff.<br>

Apart from these obvious facts, this could only happen in the United Lawyer States.</p>

<p>dear abby is right. take down the pictures and cut the ex loose once and for all. this is psychodrama, not business of photography.</p>

<p>Put the shoe on the opposite foot for a minute: would you have any interest if your music (the group) became a money-making thing for you? Then finding out your ex-girl friend is hawking your music for <strong>*free*</strong> <em>to anyone who asks for a copy</em>?</p>

<p>Your music is something your band owns and has control over.</p>

<p>Her photographs are something she owns and has control over.</p>

<p>Sorry, but <em>I have never seen a personal image that did not belong</em> to the photographer.</p>

<p>[You need to find a new, camera-equipped friend that will give you the full rights to the images taken of your group....]</p>

<p> </p>

<p>Give her the credit or take the photos down. I would maybe look into taking them down. Just in case she gets any other ideas.</p>

<p>Take the photos down. Over time those pictures will remind you of unpleasantness.</p>

<p>The number one problem with relationships that end is that one or both of the parties involved refuse to walk away. <br>

Remove everything connected with her from your life and move on. You needed new photos regardless. As for band pictures, this time hire someone to take them and insert a buy out clause in the contract. You own everything outright for a flat fee, the photographer can use the images for self promotion / as samples of work done. Get a photo student who wants to practice shooting a band and pay him/her a gratuity of fifty bucks.</p>

<p>You were very smart to quit that relationship ;)</p>

<p>I'd take them all down, and move on. Get some new photos and life.</p>