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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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I split up from my partner a couple of years ago. Whilst we

Customer Question

I split up from my partner a couple of years ago. Whilst we were together I took many family photographs with various members of the ex and the ex's family in. As I understand it, I own the copyright as I took the photos. The photos had been deleted but there may be a chance I can recover them. Am I entitled to offer to sell to the ex the photographs for several thousand pounds, a sum that just so happens to be equivalent to the cost of legal proceedings brought against me and a credit card debt of theirs I paid off?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is your ex partner likely to want to pay such a high sum of money for these photographs please?
Customer: replied 3 years ago.

I don't know, and guess it depends what value ex partner places on them.

We have gone to court and there is a court order to sell the house as ex partner was on the mortgage. The house is due to exchange/complete soon , the ex has a minority share in equity.

The question is more to do with can I offer to sell the photos to ex partner at a price I choose even if its several thousand pounds?

Expert:  Jo C. replied 3 years ago.
It depends how this is sold really.
Obviously you are asking a sum that is vastly in excess of the value of the photographs. In principle there is no wrongdoing in asking for that price.
I don't know whether he is likely to start making allegations that you have made a threat? If so then that could amount to a blackmail.
In principle though, you can ask any price that you like.
Can I clarify anything for you?
Customer: replied 3 years ago.

Its not a 'he'.

I dont understand where the threat or blackmail comes into it.

My offer to possibly sell the photos to her would be along the lines of:

There is a possibility some photographs may be able to be recovered from a hard drive.

If any photos are able to be recovered I am willing to sell to you the copyright of any photos with you or your family members in on the following basis:

1st photo £4,000

2nd photo £3,500

3rd photo £1,500

4th to 100th photo + £1.00 each

101st and over £1.00

If she does not want to accept the offer then thats up to her and I assume she would be able to make a counter offer which I would be be able to accep or reject?

Expert:  Jo C. replied 3 years ago.
That offer would not amount to blackmail.
It would amount to a sum greater than the item is worth.