Legal Question in Technology Law in Arizona

Re: pictures

You should consult with an attorney in AZ regarding personal property laws. (Try re-posting your Q in AZ General Civil Litigation catagory)

From the perspective of computer & technology law and/or intellectual property (largely federal matters), I can tell you that you have little recourse under the facts you have given. Unless he has made copies and distributed them, exploited your image commercially, hacked into your computer to obtain the pictures, extorted you, damaged you in a monetary way, or other similar malfeasance, if he just keeps the pics on his computer (which I am assuming you willing posed for and allowed him to have), he hasn't done anything wrong.

But, again, the pictures could be considered your personal property, and it is possible you could have recourse under state law for their return.

Re: pictures

I am not an AZ attorney, but I do both family law and intellectual property law in Missouri and Illinois. From a copyright standpoint, I agree with the prior answer, namely that you would have no claim. However, in Illinois or Missouri this would be a crime if you did not give permission, particularly if he publishes them. Check with your local State's Attorney if that is the case. If they were taken before the divorce, were of you alone and not him, and he still has them on his computer and you want them off, I would suggest you see an AZ family law attorney about making a motion for a protective order against him publishing them and a motion to claim they are your property following the divorce and ask for proof they have been deleted, if they were taken prior to the divorce. In IL or MO a judge would be sympathetic to such a motion if properly presented. If they are sex videos or sex photos of the two of you, the result is uncertain and would depend on the facts and you need to see an AZ lawyer. If they were voluntary and taken after the divorce, then the family law judge would not likely intervene as they would just conclude you waived your rights when you let them be taken.

For many, if not most, exes a letter from an attorney threatening to take the ex to court (or the local state prosecutor if a potential crime) if he does not delete them will do the job, as it would cost him money to keep them and defend the case.

Good Luck!

Bruce Burdick, Managing Attorney

The BURDICK Law Firm

Alton, IL