Discussion:
What is the name of your state? COLORADO
I just recieved a letter from a lawyer asking me to remove some pictures of my deceased grandson from a memorial page I have set up on the web. Apparently his mother has made this request. Do I not have intelectual rights to these photos since they were taken by me? Also they want me to remove his name from the site as it is now her property. Since the child lived with my son and not her and his last name is the same as mine and my sons (McDonald) and not hers (Smith) does she have the right to use our last name and direct if we can use it or not? It is my understanding that a surname is not recognized as being the exclusive right of any one individual in the eyes of the law? Can you also own the name, image/or likeness of a deceased child? Would this not mean that no one can ever name thier child with the same name as you deceased child? If that is the case thaen a lot of people are breaking the law daily. The website in question is: and a copy of the letter sent to us is at: Appropriatley mailed to us on our deceased sons birthday.
Barry
Answer:
I think I made my question to complex and or messy due to emotions. The questions are:
1. Can anyone tell me I can't post pictures that, I took and own, of my deceased Grandson on my family memorial web page as his likeness and image are now the property of his mother?
2. Can anyone tell me that I can't use his name on my web page or anywhere else for that matter as it is now the property of his mother?
Can anyone help? Please?
Answer:
1. Can anyone tell me I can't post pictures that, I took and own, of my deceased Grandson on my family memorial web page as his likeness and image are now the property of his mother? Well, they can tell you, but you don't have to comply. If you took the pictures, they are yours. You cannot "own" a likeness or image of someone -- even your own, in most cases.
2. Can anyone tell me that I can't use his name on my web page or anywhere else for that matter as it is now the property of his mother? You can't "own" a name unless it is a trademark -- and even then you can't stop others from using the name in all circumstances. And when it comes to personal names, trademark protections are even more limited. But it is very, very unlikely that she would be able to show that she held trademark rights in the name, unless she was selling a product or service under that name.
Answer:
Thank you very much, I had a feeling after numerous hours of looking through the internet for information, but you can never really feel too certain about things. I will sleep much easier now.