QUESTION

Can I be compensated for a photo that was used without my permission?

Asked on Nov 15th, 2011 on Entertainment Law - New York
More details to this question:
My photo was placed in a catalog both printed and on-line and is used to advertise A Clear Dome Umbrella without my permission. Can I be compensated?
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3 ANSWERS

Copyright Infringement Attorney serving Portland, OR at Day & Koch LLP
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Assuming that you had not signed a legal release document in connection with the photo, there is likely a good chance you can be compensated. But sometimes the 'devil is in the detail,' and so you should have a qualified attorney in your State review the particular circumstances of your case. Good luck.
Answered on Nov 16th, 2011 at 8:15 PM

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Commercial Litigation Attorney serving New York, NY
Partner at Cuomo LLC
2 Awards
This is a very general question, but the simple answer is maybe. How was the photo taken. Did you model for it. Did you sign a model's release. Most states prohibit the use of a person's picture without a release or without compensation as it violates a person's right to privacy and right to publicity. That being said, no attorney can answer your question with so few details.
Answered on Nov 16th, 2011 at 7:06 PM

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Business Entity Formation Attorney serving Poughkeepsie, NY
2 Awards
Although you may already know this, but as soon as you took that photo, you owned the Copyright of it. When anyone would like to use a Copyrighted photo they must ask permission, and, if the owner requests payment for said use, they must compensate the owner. I do not know how they acquired your photo, however, you should immediately request whomever is using your photo without permission to cease and desist use of your photo. As with the catalogue, you may request the use of your photo be justly compensated as the use of the photo was in violation of Copyright Laws. There are many other factors to determine compensation, including, and not limited to, the amount of catalogues that were printed and their widespread use, etc. etc.
Answered on Nov 16th, 2011 at 7:05 PM

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