QUESTION
Graphic Designer needs help with Facebook user calming copyright
Asked on Oct 27th, 2011 on Intellectual Property - Pennsylvania
More details to this question:
Hello,
I am a Graphic Designer, A former friend had me do some work for them (turning old black and white photos into colored photos). I had asked permission for me to used them on my "business" Facebook page and they agreed to letting me use it where ever I wanted. Me and the friend had a falling out and had then reported my page to Facebook saying I was violating the DMCA. My question is do they have any claims to the work? I never signed rights over to them for my work, just asked to use the photos out of respect. No money was ever exchanged so it would not fall under WFH (from what i have seen)
Thank you!
1 ANSWER
Patent Application Attorney serving New York, NY
at
Tarter Krinsky & Drogin LLP
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If you have only changed the black and white photos belonging to someone else into colored photos, your colored photos will likely be considered a derivative work. The copyright of a derivative work is owned by the owner of the original work. Therefore, the original owner can limit how you use those works. Your use of such works without their permission (a license) may constitute copyright infringement.
This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question. This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us.
Philip Braginsky
Sills Cummis and Gross
http://www.sillscummis.com/practice/practice_group.asp?id=28
Answered on Oct 31st, 2011 at 1:23 PM