Originally Posted by monte
Hi Ann. I believe the answer to #1 is that sharing of private messages publicly isn't allowed by the forum rules. ..
Even if it was not on the rules that is plain wrong. A private message is just that, private. If it is an insulting one threatening one it can be provided to the mods, as a reason to complaint, but that is all that should be done.
Regarding the second case, being that between partners it is a kind of odd question but on legal
therms it seem clear to me....but complicated.
Photos when sold commercially can be sold in different ways:
1 - Just an authorization to use the photo
commercially and the copyright continues to be owned by the one that took it.
2-Sold on a limited print edition and regarding that I am not sure about who owns the copyright but the one that took the photos cannot make more prints and the ones that have the prints cannot make copies of them.
3-Or sold on a unique print edition and in that case copies could only be made to replace the original print if that one deteriorates itself. The owner of the print cannot make more prints neither the one that took it.
The two later applies normally at photos as an art form took by great photographers and the price
of those photos can be many thousands.
A gift is not different in essence of a sell in what regards rights but it will all depends on what therms the author intended to give that gift to Ann, in what regards the copyright of the photo.
Anyway if I had given formally a photo to someone, meaning not only giving a print as a nice gesture, but as a birthday present, I would consider that it would be unfair to make more printed copies of it. That regards the copyright but the intellectual property will always belong to the one that took the photo even if he had sold the copyright.
Not different than buying
any art item by an author. You can own the art piece but not the intellectual property.
Regarding using the photo as avatar, well is a though question but I believe the solution is simple: Give that photo in digital format to someone that is skilled in digital photography
and he can make of that image another one, that based on the first can be quite different, inverting the picture, cropping it and changing the colors. It can even turn in a nicer image if the guy is really god. Then you will have two images
of the same boat, but quite different images