----- Original Message -----
From: <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, February 05, 2002 2:27 PM
Subject: Who owns a photo?


> Wendy's post (model release form) brought a question to mind.  A
friend took
> some pictures of his (now ex-) wife for personal use.  When she left
she took
> the photos with her and allowed them to be published on-line.  Because
he
> feels these photos are personal he isn't happy to see them posted on
the web.
>  Although I'm sure it isn't worth legal action, can he advise the site
to
> remove the photos with the threat of legal action?

Sure he can. Unless he in some way has transferred his rights to the
publisher ( by giving away, selling or leasing them out) he can order
them to remove the pictures and/or sue them for copyright infringement.
A simple case.

(As for who owns the actual prints, or even the negs - that's a
different question, and doesn't have any bearing on the right to copy
them. Remember to always distinguish between an actual print (or other
type of physical copy) and the rights to said picture.)

(Disclaimer - I don't know the meaning of "joint property" state. Does
this mean she can smash my car, my camera, my guitar and set fire to my
all my negs and then have to pay for only half of the damages, claiming
the stuff actually just as much belongs to her?)

Lasse
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