Re: Who owns a photo?
- Original Message - From: "Len Paris" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Wednesday, February 06, 2002 12:51 AM Subject: Re: Who owns a photo? > > (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 > > - > > I don't know if it goes that far. I mean that's a pretty > outrageous example you put together, Yes, I did this on purpose... > but in a joint property > state, half of everything is hers. Jeez, who is this lady? Can you introduce me to her? :-) or, Jeez, this sounds like true family communism... Anyway, I don't know if what your saying actually is legally the case, or just the way people put it, like they sometimes do here in Sweden. It may even be similar to Swedish law (and I'd guess it's pretty similar in neighbouring Scandinavian countries). Roughly it goes like this: Any property that you are the sole owner of, is yours only. You own your own book, camera, car, guitar etc. She can't do anything with it, like smashing it up, selling it or giving it away, or take any other possession of it without your consent. (However, there might of course be property of joint ownership as well, - typically a house, a car, furniture etc.) However, in case of a divorce, we are entitled to half the *value* of the other party's property. But I still own my camera. She can't just take it, but I may have to pay her half of it's value in order to keep it though. Not all property though goes into this pot that is to be shared to half it's value. We may have made agreements on what property is to be shared (long story), or there is typically some property that won't be included. One of which, interestingly enough, is copyright (and other intellectual rights. If it has already been transferred to a publisher, it will be included though.). This means that the photographer's copyright will be unaffected by the divorce. It stays with him. >The most extreme case I've > read about was when one party sold some of the joint property > for a bargain price and then grinned a lot while turning over > half of the proceeds of the sale. In some of the joint property > states that can be done, and in some it can't be done. > > The real problem is that, in several states, the wife gets it > all and the husband gets nothing. Can you give me her name and phone number? Or just tell her I think she looks nice and give her my email addy... > That makes the joint property > states look pretty good. Hm... Lasse - This message is from the Pentax-Discuss Mail List. To unsubscribe, go to http://www.pdml.net and follow the directions. Don't forget to visit the Pentax Users' Gallery at http://pug.komkon.org .
Re: Who owns a photo?
- 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 - This message is from the Pentax-Discuss Mail List. To unsubscribe, go to http://www.pdml.net and follow the directions. Don't forget to visit the Pentax Users' Gallery at http://pug.komkon.org .
RE: Who owns a photo?
You forgot "mean spiritedness". National People's Radio should keep that right on the tip of your tongue, for instant use. Len --- -Original Message- From: Bob Blakely [mailto:[EMAIL PROTECTED]] Sent: Tuesday, February 05, 2002 12:47 PM To: [EMAIL PROTECTED] Subject: Re: Who owns a photo? Whining over photos left over from a divorce is not very becoming of a man. To me, it shows... bitterness, or possibly vindictiveness, and is probably accompanied by all the usual "rationalization" folks put forth in their attempts to claim it's all about "righteousness". Yeah, I'm always opinionated. Regards, Bob... - This message is from the Pentax-Discuss Mail List. To unsubscribe, go to http://www.pdml.net and follow the directions. Don't forget to visit the Pentax Users' Gallery at http://pug.komkon.org .
Re: Who owns a photo?
Whining over photos left over from a divorce is not very becoming of a man. To me, it shows... bitterness, or possibly vindictiveness, and is probably accompanied by all the usual "rationalization" folks put forth in their attempts to claim it's all about "righteousness". Yeah, I'm always opinionated. Regards, Bob... "Let us contemplate our forefathers, and posterity, and resolve to maintain the rights bequeathed to us from the former, for the sake of the latter. The necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance. Let us remember that 'if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom.' It is a very serious consideration that millions yet unborn may be the miserable sharers of the event." - Samuel Adams, 1771 From: <[EMAIL PROTECTED]> > Thanks for the replies. > > <> these photos were taken while they were married, they may be joint > > owners. > > (They would be in my state.)> > > I expect this is correct since we are in a joint property state. > > Unfortunately, > if he wants a definitive opinion, he'll likely have to contact a local lawyer. > > > > I doubt he is willing to go to the expense of hiring a lawer since he's paid > them plenty so far for the divorce. But who knows, there are still many > bitter feelings there. - This message is from the Pentax-Discuss Mail List. To unsubscribe, go to http://www.pdml.net and follow the directions. Don't forget to visit the Pentax Users' Gallery at http://pug.komkon.org .
Re: Who owns a photo?
Thanks for the replies. <> these photos were taken while they were married, they may be joint > owners. > (They would be in my state.)> I expect this is correct since we are in a joint property state. I doubt he is willing to go to the expense of hiring a lawer since he's paid them plenty so far for the divorce. But who knows, there are still many bitter feelings there. Julie - This message is from the Pentax-Discuss Mail List. To unsubscribe, go to http://www.pdml.net and follow the directions. Don't forget to visit the Pentax Users' Gallery at http://pug.komkon.org .
