Irate Father & Overly litigious soceity

Well, I had an interesting couple of days. I am putting together our new website and wanted to use some pics of some kids I shot a little while back. Yes, the mother signed the release to use the images in advertising. However, the site was only a test site and was not "live" as our main site. I posted it behind the scenes to get some input from various people. Anyway, the dad heard about me using his kids' images and had an attorney send a letter stating that I was to take them down or face litigation. Now, the mom and dad are divorced and have joint-custody of the kids. I proceed to call the attorney to discuss the issue. I guess the father is horribly irate over this and was even going to name his ex-wife in the suit. I inform the attorney that I have a legal contract signed by the mother and will provide him a copy. Anyway, I go to his office with a signed copy of the contract. The attorney is torqued off that his client lied to him.......like that never happens, right. He calls the dad while I am there and informs him that he has a copy of the signed contract and the matter is closed. He goes off on his attorney and says it's a forgery. Oddly enough, the attorney has a copy of the mom's signature on the divorce decree and compares them and it's a spot-on match. We'll see if this develops any further. I said all that to say this, GET A CONTRACT!!!!!!!!!!!!!

Good reminder!

asysin2leads wrote in post #10873409
Anyway, I go to his office

Seems like the dad could cause you to waste even more of your time. Have you considered using other photos just to avoid the distraction?

moose10101 wrote in post #10877758
Seems like the dad could cause you to waste even more of your time. Have you considered using other photos just to avoid the distraction?

I agree. Just because you're in the right, you can still be sued for anything. It doesn't mean that he'll win, but why bother with it?

moose10101 wrote in post #10877758
Seems like the dad could cause you to waste even more of your time. Have you considered using other photos just to avoid the distraction?

PhotosGuy wrote in post #10878268
I agree. Just because you're in the right, you can still be sued for anything. It doesn't mean that he'll win, but why bother with it?

Ding, ding, ding! We have our winners!

This is exatly what I did. I called the mother and explained to her what was going on and that I would not be using the pics. She understood, but was understandably upset. Legally, I could use the images, but I decided this battle wasn't worth losing potential business from the dad bad mouthing me. The point of this thread was to bring light to the concept; just because we can, doesn't mean we should.

asysin2leads wrote in post #10878355
Ding, ding, ding! We have our winners!

This is exatly what I did. I called the mother and explained to her what was going on and that I would not be using the pics. She understood, but was understandably upset. Legally, I could use the images, but I decided this battle wasn't worth losing potential business from the dad bad mouthing me. The point of this thread was to bring light to the concept; just because we can, doesn't mean we should.

Good for you, it sounded like it was a headache in the making. He is still probably pissed about something though.

Good job. Agreed, ALWAYS have a contract/release form signed.

Red Tie Photography wrote in post #10878364
He is still probably pissed about something though.

D-I-V-O-R-C-E
Seldom a reason not to be pissed.

On the other hand, if he keeps up with causing trouble you may have a couple of causes to sue him: 1) Tortuous interference with your business & 2) False legal proceedings. (depends on your state statutes, IANAL, etc etc)

ASMP advises to get both parents to sign minor model releases when possible for this very reason. It's not only an overly litigious society it's also one where divorce and bitter disagreements come into play. I suppose they're actually one in the same.

Hahahahaha what a tool, I mean don't get m wrong, I'm on the fathers side of not having images of his own kids open to public viewing, you never know these days. But dude check with your EX before going off. Good thing you have a contract signed by one of the parents. CYOA Cover Your Own Arse. I doubt anything else will evolve from this mess. Maybe he should have better communication with his EX on things that are going on in the childrens lives. Maybe he was out for a quick buck.

Its always good to have a healthy fear of litigious possibilities. I bend over backwards to compensate when things don't pan out perfectly so I am hoping I never have any big issues I run into. Which reminds me, it never hurts to register as an LLC if photography is a big source of income for you. It can help limit how much you are liable vs the photography firm in question.

I think you did the right thing. Removing the images would have been what i had done. I would have also shown the agreement to the lawyer too.
Good Job.
Not knowing their situation I would guess this is a messy divorce. Staying out of the way is the best course.

asysin2leads wrote in post #10878355
...but I decided this battle wasn't worth losing potential business from the dad bad mouthing me. The point of this thread was to bring light to the concept; just because we can, doesn't mean we should.

I got news for ya. He'll still badmouth you. He's in the middle of a divorce and pissed.

-F

Austin Fern wrote in post #10884288
I got news for ya. He'll still badmouth you. He's in the middle of a divorce and pissed.

-F

The divorce is long over, which is the odd part. We used to be good friends with him and his ex-wife. At least this way, my conscious is clear and know I did the right thing. I'm not too worried about him now. I can present the truth and let the chips fall where they may.

I don't think the divorce is over in dad's mind. He still wants to sue the ex. You were just along for the ride.

In any case, you CYA'd.