QUESTION

About 11years go my wife was going to make a porn web site then changed her mind. The person that did the shoots has no model release or contract.

Asked on Jul 01st, 2012 on Entertainment Law - Florida
More details to this question:
He contacted us to sell the videos to her or he was going to put the out on the net. We paid for all that he had.at that point I looked all over the net and found he sold them back in 2005 and now they are on DVD and the net. Can we go after him and the company that put it out on the net and DVD. He had no contract or model release and was done in Fl.
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1 ANSWER

There is good news and bad news. The bad news is that the creator of a "work of authorship," like a photograph or video, is the owner of the copyright in the work - even if you paid for it. While there are exceptions to this, from the facts you stated it does not sound as if they would apply. Regardless, unless your wife was the photographer's employee (which I don't think from what you say is the case), you would have to have a written agreement with the photographer for you to own the rights in the photographs/videos. However, while you may not own the copyright in the photographs/videos, the good news is that photographer may be limited by your wife's "right of publicity" from using photographs/videos with her image for commercial purposes without her authorization. The "right of publicity" varies from state to state so you need to consult an attorney in your state (or wherever he is threatening to use them) to see if your wife can prevent this use. You may have another problem, however, which is the statute of limitations. You say that he put the DVD out in 2005, so you waited 7 years to complain. You will have to find a state with favorable right of publicity laws where the statute of limitations has not run.
Answered on Jul 02nd, 2012 at 2:59 PM

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