Lens Diaries Go Now
Glamour, Beauty, Nude, Models, Photographers

*    |  Register  


 
Go Back   Garage Glamour™ > Garage Glamour™ Main Forums > Main Community Forum
 

Main Community Forum General Modeling & Photography Forum
Adult posts prohibited!>>Please Read Our GUIDELINES before posting!

Reply
 
LinkBack Thread Tools Display Modes
Need some opinions on Copyright
Old 04-15-2007, 11:00 AM   #1 (permalink)
Lifetime Photographer

 
Gunslinger101's Avatar
 
Join Date: Feb 2004
Member GG#: 38285
Location: Discovery Bay
Posts: 172
Comments: 0
Send a message via AIM to Gunslinger101

Gunslinger101 is offline IP: 67.101.146.190
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

I am currently facing a dilema and I need some input from the group. I now have and ex-wife, something I thought would never happen. We were together for 12 years and married for 8.

Here is the problem: sometime before she informed me that she wanted a divorce, she went to our safe, and destroyed about twelve archive disks of photos of her, us, and travels that we took together. Now, many of them are nudes, semi-nudes, implied-nudes, fashion, exotic locations, some were fun and sexy, and some were technical or landscapes.

Now the dilema. The images are gone, if I can believe her. She is an attorney and knows damn well she violated the law. She also believes that what she wants supercedes the law. I understand that copyright attaches the moment that an image is created, so that is mine. In California, there may be some community property right, if there are proceeds from the material, and in this case there would be none.

I assure you that I am not the kind of guy who is pining over my ex-wife, and wants to sit around and look at photos of her. I can prosecute criminally for the theft (of copyright material) and the vandalism (destruction of personal property). As I said we live in California and finding a prosecutor who is willing to prosecute a case like this is a very slim possibility. I can also file a complaint with the State Bar of California, and they would most likely hold a discipline hearing and maybe suspend her license for a brief period.

I gotta tell you, I see this as a right that has been taken away from me, and from all of us in this endeavor. Yes, I'm pissed, but I am also a true believer. If none of us takes a stand over issues like this, where will our copyrights go next.

She states, actually she proudly proclaimed in a settlement conference, that she destroyed them because she did not want "naked" pictures of her turning up on the internet or being shown to our kids. How do you spell paranoid. Naked pictures are something little boys sneak to school to share with their friends in the locker room. This was 12 years worth of art; work that I did with a primary model that contributed to my growth.

What do you all think?
  View Public Profile Send a private message to Gunslinger101 Find More Posts by Gunslinger101
 
Re: Need some opinions on Copyright
Old 04-15-2007, 11:52 AM   #2 (permalink)
Lifetime Photographer
 
Join Date: Sep 2004
Member GG#: 39919
Location: Palm Springs
Posts: 43
Comments: 0
Send a message via Skype™ to FotosNow

FotosNow is offline IP: 71.102.18.189
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

You are between a rock and a hard place. The Copyright law has nothing to do with what she did. It is in place to protect you the registrant, providing you registered them with protection. What is that protection? It give you the right to exclusive usage and determining where they will be used.

She did not use them, she destroyed your files. That is a totally different issue than usage. While you may have recourse, it is not the "Copyright Act"
  View Public Profile Send a private message to FotosNow Visit FotosNow's homepage! Find More Posts by FotosNow
 
Re: Need some opinions on Copyright
Old 04-15-2007, 12:13 PM   #3 (permalink)
Free Member
 
Join Date: Mar 2007
Member GG#: 57919
Location: LA
Posts: 582
Comments: 1

kgphoto is offline IP: 69.235.147.136
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Check with your attorney. See if it is worth it to you to go forward. Probably not, as you will have a tough time to prove anything. What do you want out of this? Maybe you could use this behavior as some leverage in your divorce proceedings, but I gotta tell you, better off with as much distance between you as fast as possible. The costs will probably out weigh the benefits and she knows it.
  View Public Profile Send a private message to kgphoto Find More Posts by kgphoto
 
Re: Need some opinions on Copyright
Old 04-15-2007, 12:35 PM   #4 (permalink)
Free Member
 
Join Date: Oct 2006
Member GG#: 55362
Location: Benton
Posts: 242
Comments: 0

nakins is offline IP: 70.232.96.107
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Well, I don't know what to tell you. Just my two cents here. She is a woman and now exwife, you are a man and former husband. In court, in front of a judge, you automatically have the weaker position, regardless if your right and she is wrong. If your infront of a female judge, your chances get worse. It is an easy pitch to say you would use the naked pictures of her aganist her and damage her. In the end, it would be a case of what you lost against what she gained. You lost images that, while they mean something to you, may not or have not had any monetary value during the course of your marriage. If they had been a source of repeated income, then maybe you might have a chance.
She is a laywer and knows the game, and knows others who know the game. You don't (I assume). Plus, since you were married, the file may be considered shared property is some crazy way. I think you would be better off spending the money on a new digital Hasselblad then taking this to court. Atleast you would having something in your hands after you spent all that money. I'd move on. Use the time and energy this would take towards efforts that will give you more in return. Let it go. Let her go. Don't look back.
  View Public Profile Send a private message to nakins Find More Posts by nakins
 
Re: Need some opinions on Copyright
Old 04-15-2007, 01:00 PM   #5 (permalink)
Lifetime Amateur

 
jford's Avatar
 
Join Date: Nov 2002
Member GG#: 35246
Location: Indiana, PA
Posts: 2,704
Comments: 7

jford is offline IP: 144.80.193.138
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

I believe that divorces can create the most bitter enemies of individuals who used to be the closest of friends.
You say, "If none of us takes a stand over issues like this, where will our copyrights go next." But it seems to me that this is not really about copyright - this is about vengence - both on her part and yours. You already state that the likelihood of a successful criminal prosecution is small, and I suspect that a civil case would serve best to make some other attorneys wealthier; the bar action seems the most reasonable punative approach.
File your complaint and move on. At best, include estimates of the value of the destroyed property in your settlement.
This is not a grand social issue on which to make a stand. This is a personal, vindictive activity and pursuing it will only wound both of you even more. This isn't going to help, Tom.
Best wishes.
__________________
"Keeping shooting will do more for the excellence of your photography than most any camera will!" JimmyD, PGS Extraordinaire.
  View Public Profile Send a private message to jford Visit jford's homepage! Find More Posts by jford
 
Re: Need some opinions on Copyright
Old 04-15-2007, 03:15 PM   #6 (permalink)
Lifetime Photographer

 
Arkie's Avatar
 
Join Date: May 2006
Member GG#: 52386
Location: Greenwood
Posts: 110
Comments: 0

Arkie is offline IP: 75.120.135.93
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

You mentioned kids. If children are involved, I would definitely not make a big deal out of this. Not only is the judge going to see "naked pictures" and small children on the same page, but any time a man takes pictures of someone nude (even his wife) there is always that stigma that he must be a dirty old man (or dirty young one as the case may be). I took pictures of an attractive lady in my studio many years ago and she was never nude, but sexy and provocative. These pictures were intended for her boyfriend. Her ex-husband found out and persuaded the child to get them and bring them to him (the ex). He then proceded to take her to court saying she was an unfit mother for having her picture made in such a sexy manner. If she had not had a good attorney, she would have lost custody. As it was, it cost her dearly to get through this trial.
The point I am trying to make here is this. Yes, I feel your pain over losing some great photographs. When my wife and I divorced, I lost about three hundred slides of her taken in my studio. But at some point you have to consider if you will lose visitation with your children because the judge knows you take pictures of "naked" people. Sometimes you just have to choose your battles and I don't think this one is worth the effort because even if you win, you might lose seeing your children as much as you would like.
My opinion cost you nothing. And is worth every penny. Rick from Arkansas
  View Public Profile Send a private message to Arkie Find More Posts by Arkie
 
Re: Need some opinions on Copyright
Old 04-15-2007, 11:38 PM   #7 (permalink)
Lifetime Photographer

 
Gunslinger101's Avatar
 
Join Date: Feb 2004
Member GG#: 38285
Location: Discovery Bay
Posts: 172
Comments: 0
Send a message via AIM to Gunslinger101

Gunslinger101 is offline IP: 67.101.146.190
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Well, I'd like to thank all of you for the varied perspectives. Can't say it makes the decision any easier. I really have to think about this.

Thanks again. Tom
  View Public Profile Send a private message to Gunslinger101 Find More Posts by Gunslinger101
 
Re: Need some opinions on Copyright
Old 04-16-2007, 03:12 AM   #8 (permalink)
Free Member

 
timmerjean's Avatar
 
Join Date: May 2004
Member GG#: 38963
Location: Anchorage
Posts: 291
Comments: 2

timmerjean is offline IP: 69.178.126.154
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Consider yourself lucky! Mine didn't even leave an empty film canister. ALL my negs, slides, ports, lights props, C-330 and multiple lenses,Mamiya 645 and lenses, 2- OM-1 bodies, 2 OM-2 bodies, 11 lenses, winders, motordrives, and the list goes on. She sold them for a 1000.00 dollars, and the judge let her keep the money.
  View Public Profile Send a private message to timmerjean Find More Posts by timmerjean
 
Re: Need some opinions on Copyright
Old 04-18-2007, 02:23 PM   #9 (permalink)
glamourpics
Guest
 
Member GG#:
Posts: n/a
Comments:

IP: 76.173.245.75
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

All comments per your explanation: It has nothing to do with copyright. It has to do with theft, vandalism, conversion, and a lot of other torts and crimes. A peripheral issue is that the woman might claim she "had" to do it to protect her privacy rights and rights of publicity. (E.g., CA CivCode 3344 and similar laws in other states). I have witnessed a number of such Pearl Harbor style attacks in divorces. In this case, sadly, you were Pearl Harbor and she was the Japanese Emperor. As far as formal complaints to the Bar Association, I offer no suggestion, no prediction, and no moral judgment. I offer to my learned colleagues the thought that in their work, hobby, and personal lives, they hope for and expect the best, but be prepared and guard against ANY eventuality. Things like storing things with a trusted relative or a SEPARATE storage facility and other prudent practices, are like a seat belt or a pistol. You may never need it, but if you need it or need to have done it, you cannot go back and do it later. Meanwhile, good luck dealing with your grief and stress over this unhappy and testing situation.
 
 
Re: Need some opinions on Copyright
Old 04-18-2007, 03:17 PM   #10 (permalink)
Lifetime Photographer

 
DocSmith's Avatar
 
Join Date: Mar 2005
Member GG#: 42991
Location: Gulf Breeze, FL
Posts: 380
Comments: 0
My Mood:

DocSmith is offline IP: 74.163.1.187
 
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Been there! Sorry to hear about it, or congrats, whichever fits your situation. I'd forget about the photos - you've got bigger problems with property division, child support, etc., etc. Just forget about 'em - go find a pretty girl and take some more!

Your new life starts tomorrow - make it a good one!
Doc
__________________
Michael Smith
Michael Smith Photography
PO Box 573
Gulf Breeze, Florida 32562
(850) 712-0639
www.michaelsmithphotography.biz

Studio One Pensacola
103 W. Intendencia Street
Pensacola, FL 32502
(850) 712-0639
www.studioonepensacola.com
  View Public Profile Send a private message to DocSmith Visit DocSmith's homepage! Find More Posts by DocSmith
 
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Copyright Registration Stecyk Tech Talk Forum 2 09-06-2007 11:28 PM
Amendment to the Copyright Act reply letter from Durbin jtsmith Main Community Forum 2 05-02-2006 10:29 PM
Am I a jerk.... bscott3125 Main Community Forum 36 10-03-2005 04:30 PM
Copyright Question (sort of). DaveFoto Tech Talk Forum 4 02-21-2005 08:15 PM

Sponsors


New To Site? Need Help? Photographer & Model Links
All times are GMT -5. The time now is 08:43 AM.

© 1999-2014 Garage Glamour™




Search Engine Friendly URLs by vBSEO 3.2.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93