More details to this question:
Im a realtor and in july of this year I was asked by a former client of mine to take over a listing that another agent had previously listed and obviously taken photos of the home. She was not happy with that agents work so she wanted to cancel the listing with him and relist with me. After cancellation of the previous agent listing, I relisted. However because the seller paid to have the home staged at the time of the previous listing and by the time I relisted it was no longer staged so the seller instructed me to use the staged photo and I did. unknowingly using the photos of the other agent who had filed a copyright on them. 11 days into the listing of the listing was cancelled. I experience no financial gain from the use of the photos nor did the other agent experience any financial loss as a result of the use of his photos as photography is not his profession or any sort of income. Im now being sued by the ex agent. Will I be liable for any punitive or statutory damages?
1 ANSWER
2 Awards
Assuming that you didn't sell the home than the other agent seems very unlikely to get anywhere with the lawsuit because he would have a very difficult time proving or even alleging that he was damaged. If you didn't know that the photos belonged to the other agent any claim for punitive damages is also not going to go anywhere.
When was the lawsuit filed and have you filed a response?
Jon
Answered on Sep 28th, 2015 at 5:14 PM