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?