Help with Copyright Please

Hi, My daughter made a video of a military graduation of her boyfriend and asked for photos and videos from boyfriend’s family from that day and also short videos to congratulate him to make a montage video. They sent her photos and videos to use in her video. It’s been 2 years posted on YouTube and they have all seen it with no issues. 

Now that my daughter and her boyfriend broke up, the new girlfriend is threatening copyright infringement on behalf of the ex-boyfriend’s family stating that they never gave permission to use their photos, and their videos that they specifically made for my daughters montage. The new girlfriend gave my daughter 72 hours to take down all photos and videos in YouTube and on her photography webpage that has any of these pictures otherwise, the boyfriend’s mom was going to sue. She also included any picture of the boyfriend that my daughter took herself. She says he never gave her permission to use any pictures of himself. 

My daughter spent a lot of time and effort making this wonderful video and is proud of her work.  She wants the video to stay up for a variety of reasons plus it will help future girlfriends know what to expect when their boyfriends go into the military.  One comment she got was that it was the best video he’s seen about boot camp and graduation from a girlfriends perspective.

So can the mom and family members rescind their permission for the pictures and videos that they sent her and sue my daughter?  

 The new girlfriend, short of a power of attorney, has no position to speak on behalf of his family.

So, point 1: your daughter should tell her to take a flying leap on that count. Otherwise, provide a legal document (i.e. from a lawyer, signed by the family, that gives her permission to say anything on their behalf.

Second, this isn't a copyright issue, it's a licensing issue. And your daughter was given permission at the time, as evidence by the willful cooperation of his family. Whether they can rescind said license is a question for a lawyer. But again, that's up to the family members (probably individually) not the girlfriend.

Thirdly, any photo taken by your daughter is owned by her. Therefore, she holds the copyright. The new GF has no say over those, period. And since there's nothing commercial here, your daughter has every right to do with her property what she wishes. So there's no copyright issue involved; the GF is making empty threats. Your daughter should tell the GF to, in regards to photographs she took herself, pound sand. And then the GF can go talk to a lawyer.

All that said, the family could ask for their material to be not used, and returnedf, as appropriate. But they don't have any control over what your daughter created. Only her use of their material.

As for use of their images, I don't know that regret is a legal basis for negating a contract, implied or otherwise. But we don't know that the family regrets anything. This is just a case of pique, and frankly, the boyfriend should take a note here. This will not go well for him. Possessiveness and control are never good signs.

So: the family should talk to your daughter directly if need be, the new GF has no say in the matter (she wasn't around), and your daughter should ignore her. Your daughter should consistently and firmly decline to address any issue that is not directly related to the GF. Which, it sounds like, is none.

However... that won't keep the new GF from trying to file a take-down order with YT (or whatever) to get the video removed. Your daughter will have to fight that.

Has she communicated with the BF, factually (unemotionally) relayed events, and asked if he has a problem with the situation?

I agree the current girlfriend doesn't have any legal status in this. The family members do own the copyrights to any photos they took or any video they recorded. If your daughter didn't get releases signed or any written permission for usage, then the family can be the ones to issue takedown notices. Your daughter cannot use their photos/videos without their permission without violating their copyrights. There should have been contracts licensing usage of their photos and videos.

Your daughter owns the copyright to any photos she took or videos that she recorded. If she interviewed family members she could use that video, but she'll have to decide if it will be worth the trouble to continue to use it (even if she's in the right).

Try the US Office of Copyright and asmp.org for more info. on copyright violations, DMCA takedown notices, etc.

She needs to contact the family and see what their position is. They are probably unaware of the new girlfriends demands. If the people that supplied the pictures and videos have no problem, then she needs to tell the new girlfriend to kick rocks and if she makes further contact or demands, legal action will be taken.