I texted pictures to someone and another person downloaded to a disk. Do I have any rights to the now hard-copied photos?
Nothing- just threatened to have served
If the pictures were your original creation, then their copying violates federal copyright laws, and you could sue for "actual" damages. The problem will be showing how you have actually lost revenue as a consequence of the copying.
You also have the right to forc the copier to destroy the copies, but it won't make you any money -- although, you could get your attorney's fees paid.
In order to get "statutory" damages, you would have had to have registered the photos with the copyright office prior to distributing them. Then you could have obtained $750 for each unauthorized copy.
<p>I don't want to get an attorney- unfortunately the person is just threatening to show them around work, and I want that person to understand that it is not legal. Especially since they stole the phone I sent them to. However, the phone that was stolen is a shared account (two phones, one billing) does that matter? And can I send a "Cease" type letter or something so that they know I will sue if they get showed around? (hate cell phones by the way!)</p><p> </p>
If they stole the phone, then call the police. That makes the taking of your photos theft as well as being a copyright infringement.
You can certainly send a "cease and decist" letter. But, if this person is a thief, it's probably not going to pursuade him/her to stop.
I mean they share the account and the phone was stolen by the wife.. she says she got them from the account statement somehow...
A spouse can't "steal" jointly owned property. So, if the account was joint then the phones are jointly owned, and there can be no theft.
I get the feeling that you have a secondary reason for wanting to avoid disclosure of the pictures, that has nothing to do with your intellectual property rights. If it has something to do with your friend's possble divorce, you will likely be unable to prevent the release of the pictures, if they are relevant evidence (they may not be, but if they are, you're stuck).
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Not divorcing...she is just sharing everything.. but thanks for the info.. Have a good new year, although it wasn't what I wanted to hear!!! DAMMIT
Happy New Year to you as well.
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