Legal Question in Intellectual Property in Georgia
I printed out Christmas cards with my professional wedding pictures. My husband went to go pick it up, and the girl never mentioned anything about a release form. The next day, I ordered more of the exact Christmas cards because I ran out, and when I went to go get them, the photocenter was giving me a hard time about needing a release form from my photographer. I explained to her about my husband picking the first batch of cards yesterday, and it wasn't a problem, why today? They went on and one about how they can't release my pictures if they look anything professional without talking to the person who took the pictures because they do not want to be sue for copyright law. I am trying to figure out if it's worth sueing this photocenter for giving me the first batch without a release form because they insisted on not giving me the second batch of cards after easily handing over the first batch. I have all documents saved, order forms, receipts, and the Christmas cards of the first batch. They will not give me my second set of cards until I give them a release form.
2 Answers from Attorneys
Are you kidding? You wonder if it is worth it to file a lawsuit, pay the filing fees and possible attorneys fees, and tie up the court system, because they GAVE you the first batch? You really need to think about that? The developer is well within their rights to request the release before duplicating the work that may belong to someone else, or to not do business with you at all. The fact they did it before changes nothing (especially if someone else owns the images). Curiously, there is not a word in your post about who owns the rights to the images -- the actual legal issue. You also fail to state a single fact about how you have been damaged at all (certainly you were not damaged because they gave you the first set). Also curious is your unwillingness to get the release, yet you think a lawsuit is the answer.
You have already broken the law and can be sued. You CANNOT, without the photographer's permission, make copies of the pictures. You can be sued, and so can the photolab.
The potential damages against you can be enormous. If you sue the phoocenter, they will also be entitled to collect from you damages and attorneys fees for a frivolous suit.
Your two options: (1) stop breaking the law and forget about the cards, or (2) get a release (the photographer does NOT have to give you one, and can charge you if he does).
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