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My ex husband thinks he is famous and has tried to forbid me from using pictures that belong to me on my personal websites. If I just copyright them first, then wouldn't he have to get MY permission to use them?

2006-08-15 09:03:48 · 5 answers · asked by alaskancoolmom54 2 in Politics & Government Law & Ethics

5 answers

The right of publicity prevents unauthorized COMMERCIAL use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of their identity for COMMERCIAL promotion.

If you aren't making money off of your website, and he isn't losing money because of the website, then he has no case.

To over-simplify the law for the sake of this situation, when you create a work, you automatically own the copyright on the work. If someone infringes on the work, you may bring them to court and have them ordered to stop. However, to be entitled to various rewards and fees, you have to register your work with the copyright office in a timely fasion.

You can prevent him from using the work if and only if you never gave him permission in the first place. Allowing him to use the work and not putting him on notice that he is infringing on the copyright is considered permission, and changing your mind would probably be considered estoppel.

Obtaining copyright registration is $45 per work. You would use form VA. http://www.copyright.gov/forms/formvai.pdf

2006-08-15 10:12:33 · answer #1 · answered by Morningstar2651 4 · 0 0

You automatically have copyright by creating a work (drawing, poetry, etc.) Professional photographers have all their pictures copyrighted; I think regular people can claim it too, but it may be harder to prove and enforce. Whoever took the pictures can use them, but will need lawyers to prevent others from using them.

2006-08-15 09:33:57 · answer #2 · answered by Anonymous · 0 0

If you are still his wife legally, yes.

Community propety.

You can copyright up to 3 or so picutres of the same general subject for $30.

File a form and see what happens.

he'd have to take you to Federal Court.

He, of course, would also have rights to use them, being as he is your husband!

Do it! Just for the fun of it. Do it on one, two or three of the best pictures.

Waist $30 or so.

Send him the form.

Gloat.

2006-08-15 10:08:46 · answer #3 · answered by Anonymous · 0 0

A picture can not be copyrighted.

Pics can only be copyright as a collection.
put them in a collection and name it..
then copyright the collection.
otherwise place a mark upon the pic such as:
"do not copy"

2006-08-15 09:12:52 · answer #4 · answered by billybadazz 3 · 0 0

is the problem the copywrite, or your right to publish them? Copywright is easy, just pot the symbol (c) your name and date.

2006-08-15 09:12:02 · answer #5 · answered by Anonymous · 0 0

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