Legal Question in Technology Law in Iowa

Re: pics

First, the Copyright Law analysis: I rather doubt that either party expected that you would ever distribute the pictures. You do not own the copyright, so you have no right to make copies unless you had an "implied license" from the photographer (which, as I said, I doubt).

In light of the nature of the photos, they have probably not been registered with the US Copyright Office. In order to stop you from making copies, the copyright owner would have to file suit in federal court, and cannot do so until the photos are registered. Moreover, since the infringement would have occurred before the works were registered, the relief available would be only for actual damages and not statutory damages or attorneys' fees.

Other state-law protections may exist in your jurisdiction, and may even be the likelier claim to assert -- most states have an action for "intentional infliction of emotional distress" or the like, and distribution of such pictures might well fall within such an action.

So, on the whole, best not to do it.

Best wishes,

LDWG