Most of what I have is coming from what has been discussed on TV (MSNBC--Abrams report) and Fox News. From what I've heard Allred and Schmidt both discussing, and subsequent responses from lawyers/pundits, coupled with my own experience of having performed due diligence for a rather large corporation (including intellectual property), I believe that the "data sheet" included legally binding language. The agreement has been flashed on TV screens and I have glanced at the legal wording, but can't recite it to you. Nevertheless, signed agreements, (or even verbal agreements), are just as binding as "contracts". The agreement, I understand, is available at Schmidt's website for a fee.
If she was offered her pics, as you say, I am guessing that she wasn't offered them just as a gift, or I bet she'd have taken them.
If Amber was pursing a modeling career and then decided to abandon it, Danny Ayers probably did offer her the pics for a fee; otherwise, he would be "in the hole" for his time, film, etc., so, it would not be improper to "sell" her the pics. It seems that Amber did not compensate him for his time and expense, so, legally Danny was entitled to that "intellectual property". Apparently, he sold it to Schmidt.
Unless there are some facts out there for us, the public, to know, it's kind of silly for us to draw any conclusion yet as to what "rights" this Schmidt may have to publish the pictures.
I disagree, Anse, because Amber is a key witness in a high profile case, and questions have been raised about her credibility, although she hired Allred to shut everybody up for fear of being sued. I see that whatever went on between Amber and Danny could speak further to her credibility. JMO
I reiterate the above. Though you disagree, I still think it is futile for us to attempt to argue the finer points unless/until we have the pertinent FACTS.
I agree with you that if a contract did in fact exist btw Amber and this photographer, it probably need not have been a written one. I agree with you that public reaction to this business of Amber posting nude may affect her credibility to an extent.
As to who has the right to make money off these pics, we're just going to have to wait till we can at least see the complaint b/f we know the issues here. We know that there exist pictures of Amber posting naked, but we do not really know what happened btw her and this photographer. None of us were there, and no one who was there has been interviewed, nor does any record of their conversation exist, apparently. For all we know, this photographer could have been another of her "clients" (a la the private detective) who said to her, hey, pose for me, maybe we can sell your pictures and YOU can make some money.
I will say that having someone sell the privilege of viewing this "intellectual property" which Amber has created was probably the object of the photo shoot in the first place. And that's what's happened: someone's selling views of the photos. But I believe that Amber only took her clothes off b/c SHE anticipated that SHE would get some of the money, if there was any money from this undertaking. IMO, the suit is mostly about her not getting paid, rather than about her being embarrassed that her nude image is being seen by strangers.