QUESTION
I need to know who owns the photos after client broke the verbal agreement.
Asked on May 25th, 2012 on Intellectual Property - New York
More details to this question:
I was approached to develop a product for a museum type organization. We met, they verbally agreed to let me develop the project and sell it at an upcoming event. I showed general samples of the look and feel of the style of artwork. They verbally said ok and let me take the photos i needed. When i showed them the product they said it "wouldnt sell" and renigged on the whole verbal agreement. I stated that i owned the photos and would be developign the product anyway, to sell on my own. They said that if I did that they would sue me and that I didnt have the right to the photos i took. Who is correct?
1 ANSWER
Reviews not shown
1 Award
The "author" (in this case, you) always owns the copyright in his own work. You own the copyright in the photos you took. Since they have not paid you and have repudiated their agreement with you, they do not have the right to copy, reproduce, publish or do any of the other things that a copyright owner can authorize.
All of the above does not mean they cannot sue you. Anyone can sue anyone for anything. If you think these photos are likely to be commercially important, you should discuss your situation with an attorney.
Answered on May 25th, 2012 at 5:50 PM