Help with Copyright Please

Owl42Night · Jun 16, 2020

Hi, My daughter made a video of a military graduation of her boyfriend and asked for photos and videos from boyfriend’s family from that day and also short videos to congratulate him to make a montage video. They sent her photos and videos to use in her video. It’s been 2 years posted on YouTube and they have all seen it with no issues.

Now that my daughter and her boyfriend broke up, the new girlfriend is threatening copyright infringement on behalf of the ex-boyfriend’s family stating that they never gave permission to use their photos, and their videos that they specifically made for my daughters montage. The new girlfriend gave my daughter 72 hours to take down all photos and videos in YouTube and on her photography webpage that has any of these pictures otherwise, the boyfriend’s mom was going to sue. She also included any picture of the boyfriend that my daughter took herself. She says he never gave her permission to use any pictures of himself.

My daughter spent a lot of time and effort making this wonderful video and is proud of her work. She wants the video to stay up for a variety of reasons plus it will help future girlfriends know what to expect when their boyfriends go into the military. One comment she got was that it was the best video he’s seen about boot camp and graduation from a girlfriends perspective.

So can the mom and family members rescind their permission for the pictures and videos that they sent her and sue my daughter?

Derrel · Jun 16, 2020

Copyright infringement? I say let the new GF hire a lawyer and try to bring some type of legal action, which I do not think she will do.

vintagesnaps · Jun 16, 2020

Did your daughter get photo releases signed? If not, then she apparently doesn't have their written permission to use their photos/video - whoever took the photos or recorded the video owns the copyrights to it. If she did get releases signed, then it would depend on what usage was specified in the releases. Your daughter owns the copyright to any photos she took or any video footage she recorded.

I don't see how the current girlfriend (unless she is their lawyer) can do anything more than pass along to your daughter that the family doesn't want their photos/video used anymore. I think it would be up to the family members who took the photos/video and that own the copyrights to request a takedown.

Your daughter needs to research DMCA takedown notices. Get on the US Copyright Office website and find out more about copyright and what to do if being issued a DMCA takedown notice (which would mean it was a copyright violation and she needs to take down their photos/video or I think they can act further).

It seems like she will need to edit the video and only include the photos she took and video she shot. If she recorded video interviews of the family members, she owns the copyrights. But she'll need to decide even if it is her right to use the videos of them she recorded, will it be worth it? or will it be a continuing problem dealing with them? I don't know that it would be worth the cost of a lawyer (not from what I've read about individual cases, more likely if it's a large company in violation). Try American Society of Media Photographers - Homepage for info. on copyright, violations, takedown notices, etc.

Soocom1 · Jun 16, 2020

To be frank.

Unless a copyright lawyer comments on this, I would take all with a grain of salt.
Only a lawyer and a judge can decide this.

Copyright on videos and photos have specific protections in the US and through copyright laws worldwide.
The only qualified person to answer this, is... a copyright lawyer.

weepete · Jun 17, 2020

Which country are you in? Laws are slightlty different in europe with the GDPR.

Original katomi · Jun 17, 2020

Copyright and laws aside
Sounds like the GF is a green eyed jelous monster BF beware she does not want any images or records of the ex and her BF
If I were the ex I would take the images down and write the bf a letter saying that she has done so at the gf request
Then
I would get into full payback mode
Go to all those special placed that he took the ex gf
Take photos and post them with comments like
The water fall where we had our first kiss
and so you get the idea let the new gf know that I may be the ex but I still have claws and fangs
But I am an old fossil and not female so what do I know... only have three sisters, two daughters lol

Original katomi · Jun 17, 2020

Just a thought
Have you considered
Assumed consent as she was given the images to use.
An event like graduation you expect to have photos taken same as if you do a pose when someone points a camera at you.
You know the pic was being taken ok there was no signed consent but I think the new gf would have a hard time in such a case
Just a thought not an informed comment

Fujidave · Jun 17, 2020

Owl42Night said:
Hi, My daughter made a video of a military graduation of her boyfriend and asked for photos and videos from boyfriend’s family from that day and also short videos to congratulate him to make a montage video. They sent her photos and videos to use in her video. It’s been 2 years posted on YouTube and they have all seen it with no issues.

Now that my daughter and her boyfriend broke up, the new girlfriend is threatening copyright infringement on behalf of the ex-boyfriend’s family stating that they never gave permission to use their photos, and their videos that they specifically made for my daughters montage. The new girlfriend gave my daughter 72 hours to take down all photos and videos in YouTube and on her photography webpage that has any of these pictures otherwise, the boyfriend’s mom was going to sue. She also included any picture of the boyfriend that my daughter took herself. She says he never gave her permission to use any pictures of himself.

My daughter spent a lot of time and effort making this wonderful video and is proud of her work. She wants the video to stay up for a variety of reasons plus it will help future girlfriends know what to expect when their boyfriends go into the military. One comment she got was that it was the best video he’s seen about boot camp and graduation from a girlfriends perspective.

So can the mom and family members rescind their permission for the pictures and videos that they sent her and sue my daughter?

I`d say let her try, as she would not stand a cat in hells chance of winning. The lad and family were ok with it for two yrs, then this woman comes on the scene and kicks up so I`d tell her to trot on.

JBPhotog · Jun 18, 2020

I think coming back after two years and initiating a law suit might be problematic for the mother of the ex-boyfriend. Simply because their actions of sending photos and video clips to the now ex-girlfriend was a form of consent and any legal expert would likely say if you are now so concerned why weren't you then? It isn't a matter of not knowing the video was produced, they likely all saw it and were thrilled with the result.

Let them hire a lawyer at $400 an hour at which case if they do a letter will be sent which the ex-girlfriend can act on. I smell a bluff guised in jealousy.

vintagesnaps · Jun 18, 2020

It is not probably going to be worth it to be vengeful or vindictive and try to get back at the current girlfriend; that seems immature and inappropriate for grown adults.

The OP's daughter should behave like a grown up and in a professional way (even if she isn't a working pro photographer, she did produce the video and shared it).

It depends on if she got releases signed or written permission. (Now she knows if she does this again to first research how to do releases and contracts, even if there is no payment involved.) If she has something in writing, she could send copies to the family. It may be better to contact them as the copyright owners of photos and video that were used, and maybe better to not respond to the current girlfriend.

If there are no releases, contracts, or written permission, then the OP's daughter will need to stop using the photos and video provided by the family (the copyright holders). She may need to use her photos and video and edit a new video from that.

It's possible to consult with a copyright attorney if the daughter can afford it. I did a couple of webinars held by ASMP and unless it's a large company violating your copyright as a photograper, it's unlikely you'd get any or enough money to cover lawyer's fees. In this case it's the OP's daughter that inadvertantly violated copyright if she didn't have written permission, so she'd most likely have to cover her own legal expenses. Might be better to cut her losses and live and learn.

Geenphoto · Jul 1, 2020

My take on this. The daughter asked for the photos from the ex-boyfriend's family. That much is a given. It is likely she told them she was making the video. Who wouldn't. The family provided the photos. Implied consent? The other half of the question; is the family now able to rescind consent? I am not a lawyer nor do I play one on TV.

Mike Drone · Jul 1, 2020

Expected privacy? If the images were taken in public then they have no say unless there was an expected privacy. If they are original owners of submitted footage then they have control over their work? Laws? Ethics? I don't have any of them, not a lawyer, just a dude with a camera. =]

Interesting information and post.

Camerashy889 · Jun 24, 2021

I have a similar situation. What ended up happening? Could she keep her video up?

Rickbb · Jun 24, 2021

Courts usually decide these things based on what was the intent or implied usage was when the images were posted, and are they being sold or otherwise used for commercial purposes. (Is money being made off of them.)

If it’s been years and the alleged injured party has always known and knew from the beginning that the images would be used this way, and no one has sold them the injured party will have a very hard time winning the case. If it even gets that far.

That doesn’t mean some lawyer won’t try and send you some cease and desist letters, etc.

Get your lawyer to send them a letter saying that the images that you took are yours and you will do what ever you want with them. As long as you aren’t selling them they do belong to you as personal photos that you took and you can show them to anyone you please. Again, you can’t sell them. Making money on images is a whole different legal ball game.

Any images that you did not personally take and were “loaned” to you for posting will have to be taken down for the same reason, you don’t own them, someone else does. Even though it’s been years they are now resending the “loaned” usage.

Personally I wouldn’t do anything at all until I get that first cease and desist letter, then reply, (to the lawyer, never talk directly to the person on the opposing side), very politely that I’ll be happy to remove any images that are not my personal property and/or not using for commercial purpose. And then take my sweet time doing it.