QUESTION
Can I request compensation for 8-10 photographs that someone else published as their own?
Asked on Apr 22nd, 2015 on Intellectual Property - California
More details to this question:
I sold jewelry that was going to be published in a book using photographs that I took. Although we agreed to share credit in the book the buyer contacted the author refusing to share credit. The buyer submitted additional photographs that I had taken to the author claiming that she paid a professional photographer to take them. I have one of the jewelry pieces as well as the original files plus multiple email communications that prove the photos are mine. Can I send her an invoice requesting compensation for her using my photos with legal recourse if she does not pay? If this is the wrong category of law, which category is correct?
1 ANSWER
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Doland & Fraade
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You have picked the correct category. You have copyright rights in photos taken by you whether you filed for copyright registration or not. Without registration, however, you cannot recover money damages and will be limited to an injunction preventing use. Additional facts may provide grounds for monetary recovery based on other legal theories.
Answered on Apr 23rd, 2015 at 7:59 AM